Falana to Judiciary: Enforce Monthly Detention Visits or Risk Further #EndSARS-Style Protests
Renowned human rights advocate and Senior Advocate of Nigeria (SAN), Femi Falana, has called on the Nigerian judiciary to enforce the mandatory monthly inspection of police detention facilities, as provided by Section 34 of the Administration of Criminal Justice Act (ACJA), 2015.
Speaking on Tuesday at the 1st NBA Western Zone Human Rights Summit in Ibadan, Oyo State, Falana delivered a stirring address titled “Visitation of Magistrates to Detention Facilities,” where he criticized the widespread neglect of statutory oversight duties by judicial officers, law enforcement agencies, and even the Nigerian Bar Association (NBA).
“Since the ACJA came into effect in May 2015, Chief Magistrates and Judges have consistently failed to comply with Section 34, which mandates visits to all police stations and other detention facilities at least once a month,” he said.
Falana noted that this failure has contributed to illegal arrests, indefinite detentions, and, in some cases, torture of suspects, especially among poor and vulnerable citizens who lack legal representation.
He also accused the National Assembly of failing to allocate funds to support these crucial visits. Instead, legislators merely replicated the requirement in the Nigeria Police Act, 2020 (Section 70) without ensuring practical implementation.
While acknowledging efforts by individuals such as Mr. Bayo Akinlade, former NBA Chairman in Ikorodu, to promote compliance in some regions, Falana lamented that the NBA’s 130 branches have failed to hold law enforcement accountable through their Human Rights Committees.
He emphasized that magistrates and judges are not only empowered to inspect detention centers but also authorized to order the release, arraignment, or bail of unlawfully detained persons during such visits.
Falana further decried the judicial use of ex parte applications to remand suspects, arguing that this violates Section 35(1) of the Nigerian Constitution. He advocated for a legislative amendment to Section 293 of the ACJA, requiring that all remand applications be brought via motion on notice to protect the rights of suspects.
“If Section 34 of the ACJA had been implemented as intended, the #EndSARS movement of 2020 might never have happened,” he asserted. “The judiciary must now rise to the challenge. The era of arbitrary detention must come to an end.”
He concluded by calling on NBA Human Rights Committees and civil society organizations to accompany judges and magistrates on their inspection visits, ensuring transparency, accountability, and respect for fundamental rights.
