“The Era of Unlawful Arrests Must End” — Falana SAN Calls on Judiciary to Enforce Mandatory Detention Centre Inspections
Prominent human rights advocate and Senior Advocate of Nigeria (SAN), Mr. Femi Falana, has issued a fervent appeal to the Nigerian judiciary, urging it to uphold and enforce the statutory requirements of the Administration of Criminal Justice Act (ACJA), 2015—particularly Section 34, which mandates monthly inspections of police detention facilities by magistrates and judges.
Delivering the keynote address at the inaugural Nigerian Bar Association (NBA) Western Zone Human Rights Summit, held in Ibadan, Oyo State, Mr. Falana spoke on the theme “Visitation of Magistrates to Detention Facilities.” He decried the pervasive non-compliance with this critical legal obligation by judicial officers, law enforcement agencies, and even the NBA itself.
Mr. Falana noted that, despite the clear provisions of Section 34 requiring monthly visits to police stations and other non-custodial detention centres, these visits are rarely conducted. “Since the Act came into force in May 2015, Chief Magistrates and Judges have largely abdicated their responsibility to conduct monthly inspections of all police detention facilities,” he stated.
This persistent neglect, he explained, has directly contributed to the prevalence of unlawful arrests, extended pre-trial detentions, and acts of torture—particularly among indigent suspects who lack legal representation and are unable to advocate for their own rights.
Mr. Falana further criticised the National Assembly for failing to allocate the necessary funding to support these inspections, even as they reiterated the same requirement under Section 70 of the Nigeria Police Act, 2020, without ensuring mechanisms for proper enforcement.
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