Politics
Steps NBA Can Take To Protect Citizens From Unlawful Detentions
Steps NBA Can Take To Protect Citizens From Unlawful Detentions....KINDLY READ THE FULL STORY HERE▶
Recently, Mr. Pius Iwoke, a Nigerian lawyer unjustly detained for three years without trial, regained freedom following intervention by Mr. Yakubu Mikyau SAN, President of the Nigerian Bar Association. It is imperative that the NBA now extends its efforts to secure the release of numerous impoverished citizens unlawfully held across various detention centers nationwide.
Section 34 of the Administration of Criminal Justice Act 2015 and section 70 of the Police Establishment Act 2020 mandate Chief Magistrates or designated Magistrates to conduct monthly inspections of police stations and detention centers within their jurisdiction, except prisons. High Court Judges are tasked with similar duties regarding federal agencies authorized to arrest.
During these visits, Magistrates or Judges are empowered to:
– Review arrest records
– Facilitate arraignment of suspects
– Grant appropriate bail in cases where it has been denied.
Detaining authorities must provide access to arrest and bail records upon request, along with other necessary facilities. Failure to comply constitutes misconduct and is subject to disciplinary action under relevant regulations.
Despite some Chief Magistrates conducting inspections, no High Court Judge has visited facilities like those of the Armed Forces or the State Security Service since the enactment of these laws.
Had Judges inspected facilities like those in Maitama, Abuja, or Minna, Niger State, Mr. Pius Iwoke and others might have regained their freedom sooner.
Thus, I urge the NBA President and officials to urgently halt unlawful arrests and detentions by:
1. Coordinating with Chief Judges to ensure monthly inspections of all detention facilities in every state.
2. Enlisting NBA human rights committees to accompany Magistrates and Judges during inspections.
3. Mobilizing citizens to monitor these inspections.
4. Ensuring the appointment of legal representatives within the Nigeria Police Force to oversee human rights adherence.
Conclusion
Without full enforcement of the Administration of Criminal Justice Act and Police Establishment Act, unlawful detentions of lawyers and citizens will persist.
Lastly, I call on the Law Students Society of the University of Ilorin to collaborate with Kwara State’s NBA branches in monitoring inspections of detention facilities, a critical step in reducing unlawful arrests and detentions in the state.
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