NON-IMPLEMENTATION OF COURT ORDERS IN NIGERIA AND THE EROSION OF INMATES FUNDAMENTAL RIGHTS

Abstract

The worth of any legal system is gauged not merely by the standard of its judgments but by the degree to which such judgments are enforced. In Nigeria, the continuous non-implementation of court orders, particularly in criminal justice administration, constitute a serious peril to the fortification of the fundamental rights of inmates. This article disparagingly scrutinises the circumstances of non-implementation of court orders and its consequences for the constitutional and statutory rights of inmates in Nigeria. Using the doctrinal research methodology, the study evaluates relevant provisions of the Constitution of the Federal Republic of Nigeria 1999 (as amended), related statutes, and judicial decisions to probe how failure to enforce court orders such as release orders, sentencing directives, and custodial instructions results in violations of the rights of inmates in relation to rights to personal liberty, human dignity, and fair treatment under the law. The article contends that non-implementation challenges the authority of the judiciary, embeds executive whimsicality, and prolongs unlawful detention and inhumane living conditions in correctional facilities. It further points out institutional, and legal factors answerable for non-compliance with court orders. The article concludes by recommending legal and institutional reforms aimed at strengthening judgment enforcement mechanisms, enhancing accountability of enforcement agencies, and ensuring effective protection of inmates‘ rights in line with the rule of law and international human rights standards.