TheCitizen - It's all about you
  • Home
  • Headlines
  • Latest News
  • Governance
  • Business
  • Financial Crimes
  • Opinion
  • Editorials
No Result
View All Result
TheCitizen - It's all about you
  • Home
  • Headlines
  • Latest News
  • Governance
  • Business
  • Financial Crimes
  • Opinion
  • Editorials
No Result
View All Result
TheCitizen - It's all about you
No Result
View All Result

Illegal detentions: Time for judges to wake up – Punch

The Citizen by The Citizen
November 25 2020
in Public Affairs
A A
0
Inmate emerges overall best NOUN Masters graduate

Nigeria’s gradual descent to the nasty and brutish state of nature is accelerating with the incessant and arbitrary detention of citizens. However, it gets more worrying when the judiciary, which is considered the last hope of the common man, fails to play its role and allows state actors to trample on the rights of citizens.

Wrongful confinement of an individual runs contrary to basic rights as persons are presumed innocent until proved otherwise. But the frequency with which lower courts – especially magistrates’ and high courts – grant remand orders and ex parte motions defeats the purpose of the presumption of innocence. Law enforcement agencies now obtain orders to remand suspects for up to 30 days or more under the guise of “investigation” and this is done with the approval of supposed priests in the temple of justice. Suspects thus languish in deplorable conditions, while security operatives go about fishing for evidence when the reverse ought to be the case. Consequently, an atheist, Mubarak Bala, has spent over six months in detention in Kano State while his plea has yet to be taken.

But there are worthy examples of how to investigate and prosecute criminal cases, which Nigerian law enforcement agencies can emulate. Earlier in the year, alleged international fraudster, Ramon Abass, aka Hushpuppi, and his accomplices were arrested by the police in Dubai after months of painstaking investigation and evidence gathering. This contrasts sharply with the crude manner with which anti-graft agencies in Nigeria raid, parade and detain fraud suspects for weeks while seeking evidence, putting the cart before the horse.

The Chief Justice of Nigeria, Tanko Muhammad, had at the virtual opening ceremony of the 2020 Biennial All Nigerian Judges Conference of the Lower Courts last week, warned judges of lower courts to stop issuing reckless remand orders, especially when the court lacks the requisite jurisdiction to entertain such matters. But this is not the first time such a weighty warning would be given. Muhammad’s predecessor, Walter Onnoghen, issued a similar warning at the 2018 version of the conference, saying, “On the issue of prison decongestion, it is a scenario which has become a national embarrassment. The numerous and sometimes needless remand orders issued by magistrates is a major factor responsible for the congestion of our prisons… reckless remand orders must not be issued by your courts where it appears that the police lack evidence to prosecute a criminal matter or your courts do not possess the requisite jurisdiction to entertain such matter.”

However, the failure of the National Judicial Council and other judicial authorities to sanction errant judges and magistrates has allowed such infractions to continue, thereby abusing the rights of suspects and putting an avoidable strain on detention facilities and public funds. Unsurprisingly, more than 70 per cent of detainees nationwide are awaiting trial inmates. Open Society Justice Initiative says police in Nigeria routinely charge suspects with a serious offence in order to have them detained, but make little or no effort to investigate or prosecute the case. But Femi Falana, a frontline human rights activist, rightly adds if all detention facilities in the country are henceforth regularly inspected by judges and chief magistrates as stipulated by the law, the people of Nigeria will no longer be subjected to illegal arrest and detention by the police and other security agencies.

The continuous refusal of state and federal chief judges to appoint judicial officers to inspect detention centres as mandated by the Administration of Criminal Justice Act 2015 has also emboldened law enforcement agencies to illegally detain suspects. Section 34 of the law expressly states that Chief Judges of the Federal High Court, Federal Capital Territory High Court and state High Courts shall designate Judges and Chief Magistrates to conduct monthly visitation and inspection of all police stations and other detention facilities in all the states of the federation and the Federal Capital Territory. According to the law, during such visits, a judicial officer can immediately grant bail to suspects they deem should not be in detention. Besides, such visits could expose the cases of torture that take place in such detention facilities.

Sadly, this law has not been enforced since it was promulgated five years ago, according to several rights groups. Perhaps, the alleged killings in the custody of the Special Anti-Robbery Squad, which propelled the #EndSARS protests that brought the country to its knees, might not have happened if judicial officers had honoured their oath of office in the first place by upholding the law.

Bail is supposed to be free, but suspects are never released from custody without bribing policemen, which often prolongs their detention. But the judiciary cannot be solely blamed for the high cases of illegal detention. The Office of the Attorney-General of the Federation led by Abubakar Malami has failed woefully as far as obedience to court orders is concerned. The asinine argument that persons can be detained indefinitely on the basis of national security has increased the cases of illegal detention under his watch and given government agencies like the State Security Service the audacity to detain people arbitrarily and deny them access to their families and legal representation in contravention of court orders.

But is it not too late to do the right thing. The judiciary can prevent gross violations of the rights of the citizens by resisting the urge to grant remand orders for petty and first time offences while limiting such orders to heinous offences like murder and armed robbery, albeit with caution. Courts should make use of non-custodial sentencing like community service more frequently.

Section 133 of the United Kingdom’s Criminal Justice System provides for compensation in cases of miscarriage of justice. Article 14 (6) of the International Covenant on Civil and Political Rights states that a person who suffers punishment due to miscarriage of justice, shall as a result of such conviction, be compensated. These are international best practices that should guide Nigeria’s justice system.

Judges must be courageous by ensuring that their orders are enforced and play a more active role in protecting the rights of the common man by visiting detention facilities more frequently. They must remember that they are not spectators but referees in the affairs of state and their refusal to act can derail the nation’s democracy. As a philosopher, Edmund Burke, once said, “The only thing necessary for the triumph of evil is for good men to do nothing.” The judiciary should play a broader oversight role through a regular inspection of detention and correctional centres.

Previous Post

Time for compromise – The Nation

Next Post

U.S exempts Nigeria from visa bond pilot programme

Related Posts

Four states hold high-level talks to tackle insecurity
Public Affairs

Boko Haram compounding Nigeria’s case – Punch

October 23 2026
Nigeria’s inflation rate falls to 15.43% in July
Public Affairs

Economic stability must become shared prosperity – Punch

October 22 2026
Nigeria’s vote-buying scourge – Punch
Public Affairs

Nigeria’s vote-buying scourge – Punch

October 21 2026
Perils of LG Electoral Commission – Punch
Public Affairs

Yes, voters, not courts, must decide elections – Punch

October 20 2026
Tariff hike: Electricity workers lock out minister, issue 14-day ultimatum
Public Affairs

Don’t involve civil servants in politics – Punch

October 16 2026
Kano, Sokoto, others spend N53.2bn on scholarships abroad
Public Affairs

Kano, Borno spreading tyranny – Punch

October 13 2026
Next Post
U.S exempts Nigeria from visa bond pilot programme

U.S exempts Nigeria from visa bond pilot programme

Giroud fires Chelsea into Champions League last 16

Giroud fires Chelsea into Champions League last 16

Leave a Reply Cancel reply

Your email address will not be published. Required fields are marked *

FROM THE GRASSROOTS

Fasoranti: Family announces Dec 17 for funeral

Fasoranti: Family announces Dec 17 for funeral

by The Editor
October 23 2026
0

...

Ooni, Omisore mourn Afenifere leader Fasoranti

Ooni, Omisore mourn Afenifere leader Fasoranti

by The Editor
October 21 2026
0

...

Minister defends King’s College concession, cites infrastructure decay

Minister defends King’s College concession, cites infrastructure decay

by The Editor
September 16 2026
0

...

Lagos demolishes shanties after four die in community clash

Lagos demolishes shanties after four die in community clash

by The Editor
August 30 2026
0

...

APPOINTMENTS

Gov. Okpebholo elevates ex-BBNaija housemate to adviser

Gov. Okpebholo elevates ex-BBNaija housemate to adviser

by The Editor
October 22 2026
0

...

CJN swears in 68 new SANs

CJN swears in 68 new SANs

by The Editor
October 12 2026
0

...

Enugu governor names Nollywood’s Eucharia Anunobi, Rachael Okonkwo aides

Enugu governor names Nollywood’s Eucharia Anunobi, Rachael Okonkwo aides

by The Editor
September 23 2026
0

...

Gov. Yahaya swears in 19 new Gombe permanent secretaries

Gov. Yahaya swears in 19 new Gombe permanent secretaries

by The Editor
September 11 2026
0

...

ODDITIES

US pastor marries second wife, says monogamy unbiblical

US pastor marries second wife, says monogamy unbiblical

by The Editor
October 26 2026
0

Indian man assaults truck drivers in Lagos

Indian man assaults truck drivers in Lagos

by The Editor
October 13 2026
0

US engineer caught on camera poisoning colleague’s water bottle

US engineer caught on camera poisoning colleague’s water bottle

by The Editor
October 12 2026
0

GLOBAL NEWS

UK to charge varsities $1,200 per Nigerian, other foreign student from 2028

UK to charge varsities $1,200 per Nigerian, other foreign student from 2028

by The Editor
October 27 2026
0

...

Trump seeks US ban for Norwegians over Nobel Peace Prize snub

Trump seeks US ban for Norwegians over Nobel Peace Prize snub

by The Editor
October 27 2026
0

...

Netanyahu orders army to prepare for full West Bank closure after attack

Netanyahu orders army to prepare for full West Bank closure after attack

by The Editor
October 23 2026
0

...

Coup: Russia warns ECOWAS, others against Niger intervention threats

Putin agrees to resume tri-lateral peace talks with Ukraine, US in November

by The Editor
October 22 2026
0

...

US orders diplomats, families to leave Saudi Arabia amid deadly attacks

US orders diplomats, families to leave Saudi Arabia amid deadly attacks

by The Editor
October 22 2026
0

...

State of the States

Ogun State mulls relocation of communities over gas leak

Ogun State mulls relocation of communities over gas leak

by The Editor
October 23 2026
0

...

Gombe confirms cholera outbreak, treats 74 patients

Gombe confirms cholera outbreak, treats 74 patients

by The Editor
October 21 2026
0

...

Ogun pensioners demand gratuities, pension increases

Ogun pensioners demand gratuities, pension increases

by The Editor
October 9 2026
0

...

Enugu Air opens international route to Cameroon, begins Enugu-Douala service

by The Editor
September 25 2026
0

...

Plugin Install : Widget Tab Post needs JNews - View Counter to be installed
  • Trending
  • Comments
  • Latest
Tinubu jets to Makkah for Umrah

Tinubu jets to Makkah for Umrah

October 29 2026
Army graduates 384 female soldiers

Army graduates 384 female soldiers

October 29 2026
Okorocha hails court victory over Uzodimma in Imo senatorial ticket row

Okorocha hails court victory over Uzodimma in Imo senatorial ticket row

October 29 2026
APC insists Uzodimma remains Imo West candidate despite court ruling

APC insists Uzodimma remains Imo West candidate despite court ruling

October 29 2026

EDITORIAL REVIEW

Four states hold high-level talks to tackle insecurity

Boko Haram compounding Nigeria’s case – Punch

by The Editor
October 23 2026
0

Nigeria’s inflation rate falls to 15.43% in July

Economic stability must become shared prosperity – Punch

by The Editor
October 22 2026
0

Nigeria’s vote-buying scourge – Punch

Nigeria’s vote-buying scourge – Punch

by The Editor
October 21 2026
0

Perils of LG Electoral Commission – Punch

Yes, voters, not courts, must decide elections – Punch

by The Editor
October 20 2026
0

Tariff hike: Electricity workers lock out minister, issue 14-day ultimatum

Don’t involve civil servants in politics – Punch

by The Editor
October 16 2026
0

Opinion

Blackouts: Broken promises, powering failure – Punch

The revenge of Band A

by The Editor
October 27 2026
0

...

2027: Wike, APC governors clash over Rainbow Coalition

Why are governors getting worse?

by The Editor
October 13 2026
0

...

As we celebrate the girl-child, let us not forget the boy-child

As we celebrate the girl-child, let us not forget the boy-child

by The Editor
October 12 2026
0

...

Candidate Sowore: Revolution, Marijuana and other stories

Candidate Sowore: Revolution, Marijuana and other stories

by The Editor
September 25 2026
0

...

Plugin Install : Popular Post Widget need JNews - View Counter to be installed
  • Home
  • Headlines
  • Latest News
  • Governance
  • Business
  • Financial Crimes
  • Opinion
  • Editorials

© 2026 TheCitizen Ng. All Rights Reserved.

No Result
View All Result
  • Home
  • Headlines
  • Latest News
  • Governance
  • Business
  • Financial Crimes
  • Opinion
  • Editorials

© 2026 TheCitizen Ng. All Rights Reserved.