Falana urges Nigerian lawyers to end illegal arrests, detentions

Human rights lawyer and Senior Advocate of Nigeria, Femi Falana, has called on Nigerian lawyers to take decisive action against the illegal arrest and detention of citizens.

In a statement issued on Sunday, commemorating the 2024 Annual Conference of the Nigerian Bar Association (NBA), Falana urged the association to implement a robust mechanism for enforcing the Administration of Police Establishment Act and the Criminal Justice Act, both of which have been adopted by all 36 states of the Federation.

Falana emphasized the need for Nigerian lawyers to lead the charge in ending the violation of citizens’ rights by police and other law enforcement agencies.

He stated, “The NBA should take advantage of the conference to put in place a comprehensive mechanism for the implementation of the Administration of Police Establishment Act and the Criminal Justice Act, which have been adopted by all the 36 states of the Federation.”

Despite the laws that prohibit the arrest and detention of individuals for civil wrongs and breaches of contract, and mandate legal representation, humane treatment of suspects, and conditional or unconditional bail, Falana lamented that these rights continue to be violated. “Even though both laws have abolished arrest and detention of citizens for civil wrongs and breaches of contract, and made provisions for legal representation of suspects in police stations, the police and other law enforcement agencies have continued to breach the fundamental rights of suspects to personal liberty, dignity, and fair hearing,” he said.

He urged the NBA to direct its Human Rights Committees across 128 branches to accompany Chief Magistrates during their monthly visits to police stations, which would help curtail the unlawful detention of suspects. “The NBA should direct the members of the Human Rights Committee of the 128 branches to accompany Chief Magistrates during the monthly visits to all police stations in the country,” Falana suggested. “Such visits will end the incessant arrest and detention of suspects and others, as the Magistrates are empowered to grant bail to suspects, order their release, or direct their arraignment in appropriate courts.”

Falana also called on the NBA leadership to pressurize the Chief Judge of the Federal High Court to designate judges for monthly visits to detention facilities operated by the Armed Forces, Economic and Financial Crimes Commission, Independent Corrupt Practices and Other Related Offences Commission, National Drug Law Enforcement Agency, Customs, and the State Security Service, as mandated by law. “Let the NBA leadership pressurize the Chief Judge of the Federal High Court to designate judges to conduct monthly visits to the detention facilities of various law enforcement agencies in line with the provisions of the Administration of Criminal Justice Act and the Police Establishment Act,” he urged.

Furthermore, he urged NBA leaders, who are official visitors to all correctional centers under the Nigerian Correctional Service Act 2019, to conduct regular visits to ensure that the rights of inmates are respected. “The NBA leadership should visit the nation’s correctional centers regularly and ensure that the rights of convicts and other inmates are respected in line with the provisions of the Nigerian Correctional Service Act and the Constitution,” he said.

Falana also stressed the importance of applying the Anti-Torture Act, 2017, to eliminate the torture of suspects, reminding law enforcement officers that those who torture suspects to death are liable to be tried for murder, and that victims of torture have the right to seek compensation. “Nigerian lawyers should apply the provisions of the Anti-Torture Act, 2017, to end the torture of suspects and others in Nigeria,” Falana stated. “The police and other law enforcement officers must be made aware that the penalty for subjecting suspects to torture is 25 years imprisonment without any option of fine.”

He also advocated for state attorneys-general to ensure that only legal practitioners prosecute criminal offences, as seen in Delta and Kano States, which have abolished the practice of police officers without legal qualifications handling criminal cases. Falana urged lawyers to provide pro bono legal services to indigent citizens with genuine complaints. “State Attorneys-General should ensure that the prosecution of criminal offences in all courts is conducted by legal practitioners,” he advised. “Nigerian lawyers are urged to provide pro bono legal services to indigent citizens with genuine complaints.”

In closing, Falana commended the NBA for its commitment to defending over 2,000 #EndBadGovernance protesters, urging the association to ensure that the right to protest is not criminalized in Nigeria by judicial orders that result in prolonged detention of protesters. “The NBA deserves commendation for its resolution to defend the over 2,000 #EndBadGovernance protesters,” Falana said. “However, the NBA should ensure that the right to protest is not criminalized in Nigeria by judges and magistrates who have been issuing remand orders for prolonged detention of protesters.”