A Constitutional Assessment of Duty of Care of Inmates in Nigeria: Lessons from the United Kingdom

Abstract

This article undertakes a constitutional assessment of the duty of care owed to inmates and pretrial detainees in Nigeria, drawing comparative insights from the United Kingdom. It examines the constitutional, statutory, and common law frameworks that impose obligations on the State and its agencies to protect the health, safety, and dignity of persons held in custodial settings. The article critically interrogates the tragic and preventable death of Mrs. Titilayo Akindele, a 52-year-old suspect who collapsed and died in a Federal High Court in Benin City, Edo State, on 31 March 2026, while in the custody of the National Drug Law Enforcement Agency . Drawing lessons from the robust jurisprudence of the European Court of Human Rights and the domestic courts of the United Kingdom, the article argues that Nigeria’s legal framework, though facially adequate, suffers from deep structural and enforcement deficits. It concludes with recommendations for institutional reform, legislative intervention, and the development of a rights-conscious custodial culture in Nigeria.

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