Fundamental Rights Abuses in Nigerian Prisons: a Maqasid Shariah Perspective

Student: Oluwadamilola Habeeb Dere (Project, 2025)
Department of Common and Islamic Law
University of Ilorin, Kwara State


Abstract

This dissertation provides a comprehensive overview of the Fundamental Rights Abuses in Nigeria Prison examined through the interpretive framework of the Maqasid Shariah. The study addresses the significant and persistent Human Rights challenges within Nigeria’s criminal justice system, where despite constitutional guarantees, prisoners face conditions which drastically reduces their quality of life. The core problem emanates from a failure to align legal practices with the higher objectives of islamic law which prioritizes Human well being and justice. Utilizing a doctrinal research methodology, this study analyzes legal texts,academic materials, the Quran and sunnah to examine the current state of the Nigerian prisons. It was found that arbitrary arrest, torture, overcrowding, lack of legal representation, inadequate medical services are some of the conditions which the inmates are subjected to. These conditions however contravenes the stipulations of the maqasid shariah. The study concludes that the systematic Human Rights Abuses in Nigeria prisons are fundamentally contrary to the core principles of the maqasid shariah which emphasizes the preservation of life, dignity, intellect, religion and property. This study provides valuable recommendations for the reformation of the Nigerian prison system in order to ensure compliance with the maqasid shariah.

Keywords
fundamental rights abuses nigerian prisons maqasid shariah perspective