Falana Asks NBA to Challenge Presidential Candidates for Illegal Detention

By Adeleye Kunle

Mr. Femi Falana, a human rights lawyer, has urged the leadership of the Nigerian Bar Association (NBA) to put an end to the country’s incessant arrest and detention of suspects and others.

Falana also urged the NBA to invite presidential candidates from registered political parties to the 2022 annual conference and to require them to commit to ending illegal arrest and detention of citizens.

Falana, in a statement issued at the ongoing NBA Conference in Lagos, urged the NBA to direct members of its Human Rights Committee to accompany Chief Magistrates during monthly visits to all police stations in the country.

He stated that Nigerian lawyers should use the provisions of the Anti-Torture Act 2017 to put an end to the torture of suspects and others in Nigeria.

According to him, police and other law enforcement officers should be made aware that the penalty for torturing suspects is 25 years in prison and that officers who torture suspects to death face prosecution for murder.

“While welcoming Nigerian lawyers to Lagos for the NBA’s 2022 Annual Conference, we are compelled to advise them to adopt urgent measures to end illegal arrest and detention of innocent citizens by the police and other law enforcement agencies,” the statement said.

“In particular, we urge the NBA’s 125 branches to follow the provisions of the Administration of Criminal Justice Act, which prohibits the arrest and detention of citizens for civil wrongs and breach of contract.”

“The law also provides for legal representation of suspects in police stations, bail for suspects, and humane treatment of suspects detained.”

“The NBA should direct Human Rights Committee members at its branches to accompany Chief Magistrates during their monthly visits to all police stations in the country.”

“Such visits will put an end to the incessant arrest and detention of suspects and others because Magistrates have the authority to grant bail to suspects, order their release, or direct that they be arraigned in appropriate courts.”

Falana urged NBA leadership to put pressure on the Chief Judge of the Federal High Court to appoint judges to conduct monthly visits to the detention facilities of the Economic and Financial Crimes Commission, the ICPC, the NDLEA, Customs, the armed forces, and the State Security Service in accordance with Section 34 of the Administration of Criminal Justice Act and Section 70 of the Police Establishment Act.

“By virtue of Section 21 of the Nigerian Correctional Service Act 2019, the NBA President and National Officers are authorized visitors to all correctional facilities in the country.” NBA leaders should visit correctional facilities on a regular basis to ensure that convicts’ and other inmates’ rights are respected in accordance with the provisions of the Nigerian Correctional Service Act and the Constitution.

“Nigerian lawyers should use the provisions of the 2017 Anti-Torture Act to put an end to the torture of suspects and others in Nigeria.” Let the police and other law enforcement officers know that the penalty for torturing suspects is 25 years in prison, and officers who torture suspects to death face murder charges.

“In addition to prosecuting torturers, victims of torture have the right to sue for monetary compensation.” State Attorneys-General should ensure that criminal offenses are prosecuted in all courts by legal practitioners in accordance with Section 106 of the Administration of Criminal Justice Act and the relevant provisions of the Administration of Criminal Justice Laws applicable in the States.

“Other states should follow the lead of Delta and Kano States, which have suspended the prosecution of criminal cases by police officers who are not lawyers.”