In Nigeria, unlawful incarceration and wrongful detention are grave violations of human rights. It happens when people are denied their freedom for longer than is permitted by law or without following the proper legal procedures. In addition to violating basic human rights, this conduct compromises the integrity of the legal system and the rule of law.
Detention itself is lawful when carried out rightly by the appropriate authorities and in line with the constitutional construction. Agencies like the Nigerian Police Force can detain a person(S 4 of Police Act), EFCC, SSS, and ICPC, among others.
A court can acquit and discharge an accused on grounds of unlawful detention if the court finds out that such detention is unconstitutional and unlawful as seen in the case of CHIEF IBRAHIM SALAMI v. PA JOSIAH OYEDIRAN OLAOYE & ANOR (2018) LPELR-47256(CA)
NIGERIAN LEGAL FRAMEWORK AND CHALLENGES
The Nigerian Constitution guarantees the right to personal liberty and prohibits arbitrary arrest and detention (section 35, 1999 constitution as Amended). However, despite these constitutional safeguards, wrongful detention remains a persistent problem due to several factors:
OVERCROWDING IN CORRECTIONAL CENTRE’S: Correctional facilities in Nigeria are infamously overcrowded, which results in extended incarceration for even small infractions. Because it can postpone proceedings and raise the possibility that people will be detained longer than is permitted by law, this overcrowding makes the issue of wrongful detention worse.
POLICE CORRUPTION AND BRUTALITY: The Nigerian Police Force have been charged with a number of human rights violations, such as extrajudicial executions, torture, and arbitrary arrests. These actions frequently result in unlawful incarceration and wrongful detention. A police officer can be held liable for violation of human rights on grounds of unlawful detention and malicious arrest, as seen in the case of EYEMI v. ONAH & ORS (2021) LPELR-55842(CA)
EQUALITY UNDER THE LAW: People who are poor typically have limited access to legal counsel. As a result, people may be held without access to adequate legal representation to contest their incarceration or guarantee the protection of their rights.
JUDICIAL DELAYS: The Nigerian legal system frequently experiences delays that might result in protracted pre-trial detention. This delays justice and increases the likelihood of individuals being held for excessive periods without trial.
CONSEQUENCES OF WRONG DETENTION
Wrongful detention has far-reaching consequences for individuals and society as a whole:
PSYCHOLOGICAL TRAUMA: Individuals who are unlawfully held frequently experience severe psychological trauma, including anxiety, despair, and post-traumatic stress disorder.
LOSS OF INCOME: Wrongful incarceration can result in social shame and prejudice, making reintegration into society difficult. Detention can lead to a loss of income and livelihood, resulting in financial hardship and poverty.
LOSS OF PUBLIC TRUST: The prevalence of unlawful detention erodes public trust in the legal system and weakens the rule of law.
BASIC RIGHTS OF A DETAINED PERSON
a. Right to Life except on the execution of a court order when found guilty of an offence(S 33 CFRN as amended)
b. Right to dignity of person torture or any inhumane and degrading treatment by a police officer. (S 34 CFRN 1999 as amended, also the case of BEEIOR ISHENGE v. COMMISSIONER OF POLICE, PLATEAU STATE & ANOR (2019) LPELR-48390(CA)
c. The right to be presumed innocent until proven guilty by the prosecuting counsel beyond reasonable grounds based on evidence adduced (S 36 CFRN 1999 as amended)
d. You do not have to write a statement or say anything while in detention until after consultation with a lawyer. As provided for in the ACJA, every statement taking must either be recorded by the investigating police officer when a lawyer is not present or must be taken in the presence of a lawyer.
e. Information about reasons for detention in a language you understand.
f. The police must charge you with an offence within the period of 24hrs or 48hrsexcept on cases of capital offences, else, you should be released.(S 36 CFRN 1999 as amended)and the case of JOHNSON EKPE VZBJ NIGERIA LIMITED &1OR NICN/YEN/46/2017 2022
g. The right to a lawyer and having adequate time and facilities to prepare for a defence with a lawyer of choice or legal aid services and representation during trials.
h. If you are detained without bail, trial must be within a period of two months from the date of your arrest. If you are detained with bail, you must be tried within a period of three months from the date of your arrest.
i. Options for bail either at the police station or court bail.
THE WAY FORWARD
To address the issue of wrongful detention and illegal imprisonment in Nigeria, several measures can be taken:
JUDICIAL REFORMS: Improving the efficiency of the judicial system, reducing case backlogs, and ensuring timely trials.
POLICE REFORMS: Strengthening police accountability, promoting human rights training, and combating corruption within the police force.
LEGAL AID: Expanding access to legal aid for indigent individuals to ensure they have adequate representation.
PRISON DECONGESTION: Implementing measures to decongest prisons, such as alternative sentencing options and community-based corrections programs.
PUBLIC AWARENESS: Raising public awareness about the rights of detainees and the legal remedies available to them.
CONCLUSION
Wrongful detention and illegal imprisonment are serious human rights violations that have a devastating impact on individuals and society. Addressing this issue requires a multi-pronged approach that involves judicial reforms, police reforms, expanding access to legal aid, and promoting public awareness. By taking these steps, Nigeria can move towards a more just and equitable society where the rights of all individuals are protected.
TeeKayGee 