ABSTRACT
Pre-trial detention is a critical component of the criminal justice system, designed to temporarily restrain suspects where reasonable grounds exist. However, in sub-Saharan Africa, the arbitrary, excessive, and abusive use of this mechanism undermines the presumption of innocence and leads to significant human rights violations, overcrowded prisons, and infrastructural strain. Drawing comparisons among Nigeria, Kenya, the Democratic Republic of Congo, and South Africa, this chapter highlights common challenges such as poor funding, slow legal processes, inadequate logistics, corruption, and human rights abuses. It examines the impacts on justice delivery and identifies innovative strategies like case tracking, virtual courts, legislative reforms, and alternative dispute resolution mechanisms to mitigate these issues. The chapter recommends improved funding, capacity building, reduced reliance on pre-trial detention, and enhanced coordination among justice system actors to develop a sustainable framework for managing pre-trial detention in line with international standards.
