Falana urges NBA to tackle illegal arrests, detentions

Human rights lawyer and Senior Advocate of Nigeria, Femi Falana, has urged the Nigerian Bar Association to intensify efforts to end unlawful arrests and prolonged detention of citizens by the police and other law enforcement agencies.

Falana said the NBA had a statutory and professional duty to protect the constitutional rights of Nigerians, particularly indigent citizens who may lack the resources to secure legal assistance when detained.

He cited Sections 34 of the Administration of Criminal Justice Act, 2015, and 70 of the Nigeria Police Act, 2020, which require Chief Magistrates to conduct monthly inspections of police stations within their jurisdictions. The visits allow magistrates to examine arrest records, order the release or arraignment of suspects where appropriate, and grant bail in deserving cases.

To strengthen the process, Falana urged NBA President Oyinkansola Badejo-Okusanya to ensure that members of the association’s Human Rights Committees across its 145 branches accompany magistrates during the inspections.

He also called on the NBA to pressure the Chief Judge of the Federal High Court to designate judges to conduct monthly inspections of detention facilities outside police stations. According to Falana, such oversight is required under the law to ensure suspects are not held beyond constitutionally permitted periods.

Falana further urged the NBA’s national officers to visit correctional centres nationwide, citing Section 21 of the Nigerian Correctional Service Act, 2019, which recognises the NBA President and national officers as official visitors to correctional centres. He said regular visits would improve oversight and help safeguard inmates’ rights.

The lawyer also referenced a National Industrial Court judgment directing police authorities to deploy legal practitioners to every police division, pursuant to Section 66(3) of the Nigeria Police Act. Falana urged the NBA to push for full implementation of the judgment and use available legal mechanisms to curb unlawful arrest and detention across Nigeria.

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