ASCAB Chair, Femi Falana (SAN), made the appeal in a message to the 2024 Annual Conference of the Nigerian Bar Association (NBA), on Sunday, titled, “Appeal To Nigerian Lawyers To End Illegal Arrest And Detention Of Citizens.”
The Alliance on Surviving Covid-19 and Beyond (ASCAB) has charged the Nigerian Bar Association to ensure that the right to protest is not criminalised in Nigeria by judges and magistrates who have been issuing remand orders for prolonged detention of protesters.
ASCAB Chair, Femi Falana (SAN), made the appeal in a message to the 2024 Annual Conference of the Nigerian Bar Association (NBA), on Sunday, titled, “Appeal To Nigerian Lawyers To End Illegal Arrest And Detention Of Citizens.”
He urged the body of lawyers to adopt stern measures to end illegal arrests and detention of innocent citizens by the police and other law enforcement agencies in the country.
Commending the NBA for its resolution to defend the over 2,000 #EndBadGovernance protesters, who were detained across the country, the human rights lawyer urged the body of lawyers to take advantage of the conference to put in place a comprehensive mechanism to implement the Administration of Police Establishment Act and Criminal Justice Act which he said has been adopted by all the 36 states of the Federation.
He regretted that despite both laws have abolished the arrest and detention of citizens for civil wrong and breach of contract, and made provisions for legal representation of suspects in police stations, conditional or unconditional bail and humane treatment of suspects, “the police and other law enforcement agencies have continued to breach the fundamental rights of suspects to personal liberty, dignity of the person and fair hearing”.
He said, “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.
“Such visits will end the incessant arrest and detention of suspects and other people as the Magistrates are empowered to grant bail to suspects, order the release of suspects or direct that suspects be arraigned in appropriate courts.
“Let the NBA leadership pressurise the Chief Judge of the Federal High Court to designate Judges to conduct monthly visits to the detention facilities of the Armed Forces, Economic and Financial Crimes Commission, Independent Corrupt Practices and Other Related Offences Commission, National Drug Law Enforcement Agency, Customs, State Security Service in line with the provisions of section 34 of the Administration of Criminal Justice Act and section 70 of the Police Establishment Act.”
Falana noted that the President and National Officers of the NBA are official visitors to all the correctional centres in the country by virtue of section 21 of the Nigerian Correctional Service Act 2019, and asked them to take the opportunity to visit custodial centres regularly.
He said, “The NBA leaders should visit the nation’s correctional centres 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.
“Nigerian lawyers should apply the provisions of the Anti-Torture Act, 2017 to end the torture of suspects and other people in Nigeria. Let the police and other law enforcement officers be made to know that the penalty for subjecting suspects to torture is 25 years imprisonment without any option of fine and that officers who torture suspects to death are liable to be tried for murder. In addition to the prosecution of torturers, the victims of torture are entitled to sue for monetary compensation.
“State Attorneys-General should ensure that the prosecution of criminal offences in all courts is conducted by legal practitioners in line with the provision of 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 emulate Delta and Kano states which have cancelled the prosecution of criminal cases by police officers who are not legal practitioners.
“Nigerian lawyers are urged to provide pro bono legal services to Indigent citizens with genuine complaints. Instead of rejecting the complaints of indigent citizens on account of impecuniosity, lawyers should refer them to the offices of the Legal Aid Council, National Human Rights Commission and the Public Defender in each of the States of the Federation.
“The NBA leadership should liaise with the Inspector-General of Police and the Police Service Commission to ensure that a lawyer is assigned to every police station in Nigeria to monitor human rights compliance in accordance with the provision of section 66(1) of the Police Establishment Act.”
“Finally, the NBA deserves commendation for its resolution to defend the over 2,000 #endbadgovernance protesters. 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,” he stated.
