A few days ago, a Nigerian lawyer, Mr. Pius Iwoke, who was illegally arrested and incarcerated for three years without trial, regained his freedom due to the intervention of the President of the Nigerian Bar Association, Mr. Yakubu Mikyau SAN. It is hoped that the Nigerian Bar Association will equally intervene and secure the immediate release of thousands of indigent citizens who are languishing in illegal custody in many detention centres in all the states of the Federation.
It is submitted that by virtue of section 34 of the Administration of Criminal Justice Act 2015 and section 70 of the Police Establishment Act 2020, a Chief Magistrate, or where there is no Chief Magistrate within the police division, any Magistrate designated by the Chief Judge, shall, at least every month, conduct an inspection of police stations or other places of detention in his/her territorial jurisdiction other than the prison.
With respect to other Federal Government agencies authorised to make arrests, the Judge of the High Court having jurisdiction shall visit such detention facilities.
During a visit, the Magistrate or Judge may:
(a) call for, and inspect, the record of arrests;
(b) direct the arraignment of a suspect;
(c) where bail has been refused, grant bail to any suspect where appropriate if the offence for which the suspect is held is within the jurisdiction of the Magistrate or Judge.
An officer in charge of a police station or official in charge of an agency authorised to make an arrest shall make available to the visiting Chief Magistrate or Judge:
(a) the full record of arrest and record of bail;
(b) applications and decisions on bail made within the period; and
(c) any other facility the Magistrate or Judge requires to exercise his/her powers under the law.
Where there is default by an officer in charge of a police station or official in-charge of an agency authorised to make arrest to comply with the law, the default shall be treated as a misconduct and shall be dealt with in accordance with the relevant Police Regulation under the Police Act, or pursuant to any other disciplinary procedure prescribed by any provision regulating the conduct of the officer or official of the agency.
It is common knowledge among lawyers that, while a few Chief Magistrates have visited some police stations in their jurisdiction, no Judge of the High Court in any State in Nigeria has visited the detention facilities of the Armed Forces, State Security Service, Economic and Financial Crimes Commission, National Drug Law Enforcement Agency etc. since the Administration of Criminal Justice Act and the Police Establishment Act were enacted in 2015 and 2020, respectively.
It is indisputable that if Judges had been visiting the detention facilities of the State Security Service located in Maitama District, Abuja or Minna, Niger State, on a monthly basis in the last three years, Pius Iwoke Esq. and other detainees would have long regained their freedom.
Therefore, I am compelled to call on the President of the Nigerian Bar Association and other elected NBA officials to end the illegal arrest and detention of lawyers and other citizens as a matter of urgency by taking the following steps:
1. Liaise with Chief Judges to ensure that all police stations and other detention facilities in each State of the Federation are visited and inspected by Magistrates and Judges once a month.
2. Direct the human rights committee of each branch of the NBA to accompany Chief Magistrates and Judges to conduct monthly inspection of all police stations and detention facilities in Nigeria.
3. The NBA should mobilise Nigerian citizens to monitor the inspection of police stations and other detention facilities by Magistrates and Judges.
4. Ensure that a legal practitioner is appointed by the Nigeria Police Force to monitor the observance of human rights in all police stations in Nigeria in line with the provisions of section 66 of the Police Establishment Act, 2020.
Conclusion
Unless the above-mentioned provisions of the Administration of Criminal Justice Act and Police Establishment Act are fully enforced, the illegal arrest and detention of lawyers and other citizens will continue unabated.
Finally, I hereby call on the Law Students Society of the University of Ilorin to collaborate with the branches of the Nigerian Bar Association in Kwara State in monitoring the inspection of police stations and other detention facilities in the State. Such collaboration will go a long way in minimising unlawful arrest and detention of citizens in Kwara State.
