Rights of Persons Unlawfully Detained in Nigeria

Introduction

In Nigeria, unlawful incarceration and wrongful detention are grave violations of human rights. These occur when individuals are denied their freedom for longer than permitted by law or without adherence to proper legal procedures.  Such practices not only infringe on basic human rights, but also undermine the integrity of the legal system and the rule of law.

Detention itself is lawful when conducted by appropriate authorities in compliance with constitutional and legal provisions. Agencies like the Nigerian Police Force (Section 4, Police Act), Economic and Financial Crimes Commission (EFCC), State Security Service (SSS), and Independent Corrupt Practices Commission (ICPC) are empowered to detain individuals.  However, when detention becomes unlawful, it can have significant legal implications.  For instance, a court may acquit and discharge an accused person on grounds of unconstitutional detention, as demonstrated in 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).  Despite these constitutional safeguards, wrongful detention persists due to several factors:

1.  Overcrowding in Correctional Centers: Correctional facilities and detention centers in Nigeria are notoriously overcrowded, leading to prolonged incarceration even for minor infractions. Overcrowding delays proceedings, increasing the likelihood of detention beyond the legally permissible period.
2. Police Corruption and Brutality: The Nigerian Police Forces faced allegations of human rights abuses, including extrajudicial killings, torture, and arbitrary arrests, which often result in  unlawful detention. Police officers can be held liable for human rights violations, as highlighted in Eyemi V. Onah & Ors (2021) LPELR-55842(CA).
3. Inequality under the Law: Access to legal representation is often limited for economically disadvantaged individuals.  This lack of access leaves many unable to challenge their detention or protect their rights effectively.
4. Judicial Delays: Frequent delays in the Nigerian judicial system contribute to prolonged pre-trial detention.  These delays not only impede justice but also increase the risk of excessive detention without trial.

Consequences of Wrong Detention

Wrongful detention has far-reaching consequences for individuals and society, including:

1. Psychological Trauma: Victims of unlawful detention often suffer from anxiety, depression, and post- traumatic stress disorder.
2. Loss of Income and Livelihood: Detention disrupts individuals’ livelihoods, leading to financial hardship and social stigma, making reintegration into society challenging.
3. Erosion of Public Trust: The prevalence of wrongful detention weakens public trust in the legal system and undermines the rule of law.

Basic Rights of a Detained Person

Detained individuals in Nigeria are entitled to the following rights:

1. Right to Life: This is protected except in cases lawful execution following a court conviction (Section 33, CFRN as amended)
2. Right to Dignity: Protection from torture or inhumane and degrading treatment by law enforcement officers is guaranteed (Section 34 CFRN 1999 as amended). See Beeior Isihenge V. Commissioner of Police, Plateau State & Anor (2019) LPELR-48390(CA).
3. Right to Presumption of Innocence: Every individual is presumed innocent until proven guilty by the prosecution beyond reasonable doubt based on evidence adduced (Section 36 CFRN 1999 as amended)
4. Right to Silence: A detainee is not obliged to write a statement or say anything while in detention until after consultation with a lawyer. Statements must be recorded in the presence of legal counsel or as stipulated by the Administration of Criminal Justice Act ( ACJA).
5. Right to Information: A detainee must be informed of the reasons for their detention in a language they understand.
6. Timely Charge or Release: A detainee must be charged within 24 or 48 hours, except in cases involving capital offenses, (Section 36, CFRN 1999 as amended). See Johnson Ekpe v. BJ Nigeria Limited & 1 Or – NICN/YEN/46/2017 2022.
7. Right to Legal Representation: Detained individuals have the right to adequate time and facilities to prepare a defense with a lawyer of their choice or through legal aid services.
8. Timely Trial: If detained without bail, trial must commence within a two months of arrest. If detained with bail, trial must begin within three months.
9. Bail Options: Detainees have the right to bail at the police station or through court bail procedures.

The Way Forward 

To address wrongful detention and illegal imprisonment in Nigeria, the following measures are recommended:

1. Judicial Reforms: Efforts should focus on reducing case backlogs and ensuring timely trials.
2. Police Reforms: Strengthening police accountability, promoting human rights training, and combating corruption within the police force are essential.
3. Legal Aid Expansion: Access to legal aid for indigent individuals must be expanded to ensure adequate representation.
4. Prison Decongestion: Alternative sentencing options and community-based corrections should be implemented to alleviate overcrowding.
5. Public Awareness: Increased awareness of detainees’ rights and available legal remedies is crucial for promoting accountability and justice.

Conclusion

Wrongful detention and illegal imprisonment are serious violations of human rights that have devastating consequences on individuals and society. A multi-faceted approach involving judicial and police reforms, expanded access to legal aid, and public awareness is essential for addressing this issue. By implementing these measures, Nigeria can move towards a more just and equitable society where the rights of all individuals are protected.

By Gontul Kenubeh Timothy, Esq.