Human rights lawyer and Senior Advocate of Nigeria (SAN), Femi Falana, has called on the Nigerian Bar Association (NBA) to intensify efforts to end the illegal arrest and prolonged detention of citizens by the police and other law enforcement agencies.
Falana, in a statement, said the NBA had both a statutory and professional responsibility to protect the constitutional rights of Nigerians, particularly indigent citizens who may lack the resources to challenge unlawful detention.
He drew attention to the combined provisions of Section 34 of the Administration of Criminal Justice Act, 2015, and Section 70 of the Nigeria Police Act, 2020, which require Chief Magistrates to conduct monthly inspections of police stations within their magisterial districts.
According to Falana, Chief Magistrates are empowered during such visits to inspect arrest records, order that detained suspects be brought before a court for trial or formal arraignment where necessary, and grant bail in deserving cases.
However, he argued that the safeguards would be more effective if members of the NBA’s Human Rights Committees participated in the inspections.
Falana therefore urged the NBA, under the leadership of its President, Mrs Oyinkansola Badejo-Okusanya, to ensure that members of the Human Rights Committees across all 145 branches accompany Magistrates during their monthly visits to police stations.
He also called on the NBA to pressure the Chief Judge of the Federal High Court to designate judges to undertake monthly inspections of detention facilities other than police stations.
He said the Administration of Criminal Justice Act and the Nigeria Police Act empower Federal High Court judges to inspect detention facilities within their jurisdictions and ensure that suspects are not held beyond the period permitted by the Constitution.
Falana expressed concern that the Chief Judge of the Federal High Court had yet to designate judges for the exercise and urged the NBA to ensure compliance with the statutory requirement.
NBA Urged to Visit Correctional Centres
The SAN also invoked Section 21 of the Nigerian Correctional Service Act, 2019, which makes the President and National Officers of the NBA official visitors to correctional centres across Nigeria.
He urged the new NBA leadership to mobilise its national officers to visit correctional facilities and discharge their statutory responsibilities without further delay.
According to him, regular visits would strengthen oversight of correctional facilities and help safeguard the rights and welfare of inmates.
Falana further cited the judgment in The Incorporated Trustees of the Nigerian Bar Association v. Police Service Commission & Ors (Suit No. NICN/ABJ/264/2025), delivered by Justice O.Y. Anuwe of the National Industrial Court.
He said the court declared that police authorities have a mandatory duty to deploy legal practitioners within the Nigeria Police Force to every Police Division in the country.
Falana explained that the deployment of police officers who are legal practitioners is intended to support the enforcement of human rights at the divisional level, in line with Section 66(3) of the Nigeria Police Act, 2020.
He consequently urged the NBA to pursue full implementation of the judgment and use all relevant legal mechanisms to bring an end to unlawful arrest and prolonged detention of Nigerians, particularly indigent citizens, by the police and other law enforcement agencies.
