• About Us
  • Advertise With Us
  • Contact Us
  • Donate
Thursday, November 5, 2026
Daily Intel Newspapers
  • Login
  • Welcome
  • Special reports
    • All
    • Unedited for the record
    Screenshot

    SERAP seeks probe into alleged AI-generated photos, manipulation of INEC voter register

    Screenshot

    World Bank express mix reaction over Nigerian govt N658.9bn disbursement claim to 10.46m poor household

    maxresdefault

    JAMB warns admission offered outside CAPS is invalid

    Screenshot

    Nigeria, seven ECOWAS countries move to strengthen boarder cooperation

    Screenshot

    Morocco eases strict Islamic values, appoints first female prime minister

    Screenshot

    Jehovah Witness makes U-turn on blood transfusion, says members can now donate and be donated for

  • Metro News
    FB IMG

    Court Jails FCDA official 25 years for land racketeering

    Screenshot

    FCTA set to relocate Apo mechanics

    Screenshot

    Apo-Karshi, Bwari-Kubwa roads to be ready soon, says Wike

    Buy-A-Car-And-Pay-In-Monthly-Installment-Guide-In-Nigeria

    Wike ban use of green areas in FCT as car dealers stand

    IMG-20260613-WA0004

    Court convict motorist for assaulting FRSC mashal, dangerous driving in Abuja

    6953820_everytaxiinabujamustbeairconditionedbyoctoberfctalailasnews3600x300_jpeg46064d76500186bd9ed8eedee28ff7f4

    Tinubu’s harsh economic policies pushing us into cab driving- Abuja civil servants

  • Latest News
    • All
    • Crime watch
    Screenshot

    EFCC urges Nigerian students to join fight against corruption

    IMG-20261103-WA0002

    NCDMB extends training programme to midstream oil and gas operators

    Screenshot

    Police confirm the abduction of 14 school pupils, teacher in Niger State community

    Screenshot

    US strikes Iran ahead of midterm elections

    Screenshot

    Lagos court jail couple 14 years each for N67.6m fraud

    IMG-20261030-WA0004

    NCDMB, UN Women seeks to expand women’s participation in oil and gas

    Trending Tags

  • Infotech
    Screenshot

    Meta removes 3.7m accounts in crackdown targeting West African scam networks

    ae4a9a74-jamb-center

    Kano govt launches N27.8bn ICT, CBT project to take digital exams to grassroots

    images (31)

    NASENI to empower women, youths through capacity-building orogrammes in Kano

    smart-tv

    FG unveils freeTV with over 100 free channels

    Nigerian-telecom

    No excuse for poor network delivery, FG tells telecom Operators

    Amazon turns to artificial intelligence after cutting 16,000 jobs.

    Amazon turns to artificial intelligence after cutting 16,000 jobs.

  • World conflict & diplomacy
    Screenshot

    Trump says Putin-Zelensky meeting to be set up ‘very soon’

    Screenshot

    US orders embassy staff, families to leave Saudi Arabia

    Screenshot

    Rubio says no pause in US intel sharing with Ukraine

    images (71)

    Trump says US won’t attack Iran until after midterm elections

    Screenshot

    US slams visa restrictions on South Africa nationals, citing land seizures, racial policies

    images (31)

    Saudi Arabia shuts key oil pipeline after Iraqi drone attack

  • Africa
    Screenshot

    Police confirm the abduction of 14 school pupils, teacher in Niger State community

    IMG-20261029-WA0003

    Nigeria, Benin pledge peaceful resolution of Boundary issues, strengthen cross- border cooperation

    Screenshot

    Again, gunmen abduct six Kaduna Millennium City residents

    IMG-20261022-WA0006

    African border governance: NBC DG advocates negotiation at Abijan forum

    Ebola-Virus-Disease

    Ebola resurfaces in Nigeria as woman tests positive in Abuja

    maxresdefault

    President Kagame’s exiled critic found Beheaded in Uganda

No Result
View All Result
  • Welcome
  • Special reports
    • All
    • Unedited for the record
    Screenshot

    SERAP seeks probe into alleged AI-generated photos, manipulation of INEC voter register

    Screenshot

    World Bank express mix reaction over Nigerian govt N658.9bn disbursement claim to 10.46m poor household

    maxresdefault

    JAMB warns admission offered outside CAPS is invalid

    Screenshot

    Nigeria, seven ECOWAS countries move to strengthen boarder cooperation

    Screenshot

    Morocco eases strict Islamic values, appoints first female prime minister

    Screenshot

    Jehovah Witness makes U-turn on blood transfusion, says members can now donate and be donated for

  • Metro News
    FB IMG

    Court Jails FCDA official 25 years for land racketeering

    Screenshot

    FCTA set to relocate Apo mechanics

    Screenshot

    Apo-Karshi, Bwari-Kubwa roads to be ready soon, says Wike

    Buy-A-Car-And-Pay-In-Monthly-Installment-Guide-In-Nigeria

    Wike ban use of green areas in FCT as car dealers stand

    IMG-20260613-WA0004

    Court convict motorist for assaulting FRSC mashal, dangerous driving in Abuja

    6953820_everytaxiinabujamustbeairconditionedbyoctoberfctalailasnews3600x300_jpeg46064d76500186bd9ed8eedee28ff7f4

    Tinubu’s harsh economic policies pushing us into cab driving- Abuja civil servants

  • Latest News
    • All
    • Crime watch
    Screenshot

    EFCC urges Nigerian students to join fight against corruption

    IMG-20261103-WA0002

    NCDMB extends training programme to midstream oil and gas operators

    Screenshot

    Police confirm the abduction of 14 school pupils, teacher in Niger State community

    Screenshot

    US strikes Iran ahead of midterm elections

    Screenshot

    Lagos court jail couple 14 years each for N67.6m fraud

    IMG-20261030-WA0004

    NCDMB, UN Women seeks to expand women’s participation in oil and gas

    Trending Tags

  • Infotech
    Screenshot

    Meta removes 3.7m accounts in crackdown targeting West African scam networks

    ae4a9a74-jamb-center

    Kano govt launches N27.8bn ICT, CBT project to take digital exams to grassroots

    images (31)

    NASENI to empower women, youths through capacity-building orogrammes in Kano

    smart-tv

    FG unveils freeTV with over 100 free channels

    Nigerian-telecom

    No excuse for poor network delivery, FG tells telecom Operators

    Amazon turns to artificial intelligence after cutting 16,000 jobs.

    Amazon turns to artificial intelligence after cutting 16,000 jobs.

  • World conflict & diplomacy
    Screenshot

    Trump says Putin-Zelensky meeting to be set up ‘very soon’

    Screenshot

    US orders embassy staff, families to leave Saudi Arabia

    Screenshot

    Rubio says no pause in US intel sharing with Ukraine

    images (71)

    Trump says US won’t attack Iran until after midterm elections

    Screenshot

    US slams visa restrictions on South Africa nationals, citing land seizures, racial policies

    images (31)

    Saudi Arabia shuts key oil pipeline after Iraqi drone attack

  • Africa
    Screenshot

    Police confirm the abduction of 14 school pupils, teacher in Niger State community

    IMG-20261029-WA0003

    Nigeria, Benin pledge peaceful resolution of Boundary issues, strengthen cross- border cooperation

    Screenshot

    Again, gunmen abduct six Kaduna Millennium City residents

    IMG-20261022-WA0006

    African border governance: NBC DG advocates negotiation at Abijan forum

    Ebola-Virus-Disease

    Ebola resurfaces in Nigeria as woman tests positive in Abuja

    maxresdefault

    President Kagame’s exiled critic found Beheaded in Uganda

No Result
View All Result
Daily Intel Newspapers
No Result
View All Result
Home Opinion

Powers of a Judge to order transfer of a prisoner for appeal purposes | By Aloy Ejimakor

Daily Intel Newspaper by Daily Intel Newspaper
December 6, 2025
Powers of a Judge to order transfer of a prisoner for appeal purposes | By Aloy Ejimakor
Share on FacebookShare on TwitterChat With Us Live

Under Nigerian law, the sentencing judge retains the first judicial authority to consider and possibly order the Nigerian Correctional Service (NCoS) to transfer a convicted prisoner to another correctional facility closer to the appellate court with jurisdiction, for the purpose of facilitating the preparation and prosecution of an appeal. This power is exercised as an ancillary or incidental jurisdiction (or even inherent jurisdiction), geared to safeguarding the convict’s constitutional right to fair hearing and effective prosecution of his appeal, particularly where the current detention location – by the dint of its far or remote location – imposes undue hardship that could render the appeal illusory.

While primary administrative control over prisoner transfers vests in the Comptroller General of the NCoS, courts can intervene via specific orders, especially in response to applications demonstrating prejudice to justice, substantiated with evidence of necessity (e.g., proximity for personal initiation of appeal and access to records or consultations). If granted, the order would bind the NCoS under Section 36 of the Nigerian Correctional Service Act (NCSA) 2019 which enacted judicial oversight over custodial matters.

Further judicial authority lies under Section 12 of NCSA whereby transfers ordered by courts are enforceable as part of the warrant of commitment and Section 17 of same NCSA which mandates the NCoS to produce inmates for court proceedings, including appeals. This implies a legal duty to facilitate access, which courts can enforce via transfer orders if mere production (e.g., for hearings) is insufficient for pre-appeal preparations like record compilation, as well as consultations and interactions with the pertinent court registries.

Of particular note is Section 4 of NCSA which emphasizes reformation, rehabilitation and reintegration, aligning with transfers that enable access to justice without compromising custodial integrity. Further inmate remedies can be triggered under Section 36 of NCSA which allows inmates to seek judicial remedies against unlawful detention practices, including remote placements that manifestly hinder reasonable access to appeals.

Furthermore, Section 159 of the Administration of Criminal Justice Act (ACJA) 2015 grants courts broad powers to order the production or relocation of persons in custody for any proceedings, including interlocutory applications related to appeals. This extends to transfers to ensure effective appellate participation by the prisoner.

Similarly, Section 468 of ACJA permits courts to issue warrants with “such directions as the court thinks fit” for enforcement, including ancillary orders like prison transfers to prevent miscarriage of justice. And Sections 291–306 of ACJA reinforce the right to appeal without undue hindrance, thus impliedly empowering trial courts to issue facilitative orders, such as transfers.

More significantly, Section 36 of the Constitution guarantees the right to a fair hearing, including appeals, which must be effective and not illusory. Remote detention violating this (e.g., by impeding an unrepresented prisoner’s personal filing or consultations) justifies sound judicial intervention. More so, Section 6(6)(c) of the Constitution vests the Federal High Court with all powers necessary for justice administration, including supervisory jurisdiction over executive actions like NCoS transfers.

In practice, Nigerian courts have consistently upheld judicial authority to order transfers post-sentencing where necessary for ensuring justice, drawing on inherent powers and constitutional imperatives.

Key precedents include A.G. Federation v. Abacha (2002) 5 NWLR (Pt. 761) 638 (Court of Appeal) where it was held that superior courts possess inherent jurisdiction to issue directions on prisoner custody, including transfers, to protect rights and prevent abuse. In this very case, the court ordered a transfer for security reasons, emphasizing that while NCoS handles routine prison administration, judicial orders can ensue and supersede in the interest of justice. This applies analogously to ensuring that a prisoner is detained at a location that will not hamper his access to appeal.

Additionally, in Alade v. Federal Republic of Nigeria (ECOWAS Community Court of Justice, 2012), the court held that prolonged or prejudicial detention (e.g., in remote facilities) violates fair hearing rights under the African Charter (ratified and domesticated via Section 12, 1999 Constitution). The court ordered release but noted transfer as a lesser remedy, thus affirming trial courts’ power to rectify custody issues, post-conviction.

Similarly, in Fawehinmi v. I.G.P. (2000) 7 NWLR (Pt. 665) 481 (Supreme Court), the court affirmed the judiciary’s supervisory role over prisons via habeas corpus or mandamus, extendable to transfer orders. The Supreme Court quashed arbitrary custody and ordered relocation, stressing that appeals must not be frustrated by administrative decisions. The same rationale also played out in Dino Melaye v. FRN (2018), in which the court ordered transfer to a medical facility, invoking ACJA Section 159 and inherent powers of the trial court.

All these cases illustrate post-sentencing judicial authority that can compel transfer, geared to ensuring natural justice and fair play for the prisoner, such as the overriding need for proximity to the court that has jurisdiction over the prisoner’s appeal. This was remarkably reinforced in Abacha v. Fawehinmi (2000) 6 NWLR (Pt. 660) 228 (Supreme Court) where the apex court reiterated that constitutional rights (e.g., access to appeal) shall prevail over statutory custody rules.

On the strengthen of the foregoing, it is unarguable that judicial authority can ensue as a check on the autonomy of the Nigerian Correctional Service, the purpose being to ensure adherence to the hallowed constitutional safeguards that undergird the administration of criminal justice in Nigeria.

Share188Tweet117SendShare
Support Us Support Us Support Us
Daily Intel Newspaper

Daily Intel Newspaper

Next Post
JUST IN: Tinubu directs Civil Defence to take over the protection of VIPs, orders withdrawal of police personnel 

Tinubu constitutes governing boards for NADF, BOA, UBEC 

Leave a Reply Cancel reply

Your email address will not be published. Required fields are marked *

POPULAR POST

  • JUST IN: Tinubu directs Civil Defence to take over the protection of VIPs, orders withdrawal of police personnel 

    How Tinubu’s administration paid billions of naira for the release of Niger State kidnapped schoolchildren

    893 shares
    Share 357 Tweet 223
  • CBN gives Moniepoint, OPay, others go ahead to onboard new customers

    820 shares
    Share 328 Tweet 205
  • National Academy of Sciences endorses embryonic engineering

    671 shares
    Share 268 Tweet 168
  • South-East importers, exporters threaten strike over Nigerian Shippers’ Council’s 200% rates hike

    655 shares
    Share 262 Tweet 164
  • BREAKING: President Tinubu approves the reappointment of Adaji as DG of NBC

    645 shares
    Share 258 Tweet 161

STAY CONNECTED

Follow Us

Categories

  • Africa
  • Aviation
  • Business
  • Citizen reporter
  • Corruption
  • Crime watch
  • Culture
  • Document
  • Education
  • Entertainment
  • Exclusive
  • Featured
  • Finance & economy
  • Foreign News
  • Health
  • Human rights & the people
  • Infotech
  • Interviews
  • Investigation
  • Judiciary
  • Latest News
  • Maritime
  • Metro News
  • News
  • Oil & gas
  • Opinion
  • Politics
  • Promoted
  • Science & Technology
  • Special reports
  • Special updates
  • Sports
  • Unedited for the record
  • World conflict & diplomacy

LATEST NEWS

FAAN hikes  cargo charge at Lagos airport to N15/kg

What if Tinubu comes third in 2027? The lesson from America’s electoral revolt | By Rudolf Ogoo Okonkwo

November 4, 2026
IMG-20261008-WA0000

The Igbo Story: From £20 after the civil war to economic power beyond borders and the struggle for political influence

November 3, 2026
  • About Us
  • Advertise With Us
  • Contact Us
  • Donate

© 2025 All Rights Reserved Daily Intel Newspapers

No Result
View All Result
  • Home
  • Special reports
  • Special updates
  • World conflict & diplomacy
  • Infotech
  • Metro News
  • Latest News
    • Human rights & the people
    • Unedited for the record
    • Judiciary
  • Finance & economy
  • Exclusive
  • Africa
  • Document
  • Education
  • Entertainment
  • Infotech
  • Investigation
  • Science & Technology
  • Aviation
  • Sports
  • Business
  • Culture
  • Finance & economy
  • Foreign News
  • Health
  • Corruption
  • Promoted
  • Crime watch

© 2025 All Rights Reserved Daily Intel Newspapers

Welcome Back!

Login to your account below

Forgotten Password?

Retrieve your password

Please enter your username or email address to reset your password.

Log In