Barrister Hamza N. Dantani, has raised alarm on unlawful engagements by Nigeria police in Borno state.
In a letter addressed to the Borno state Governor Babagana Zulum, the constitutional and human rights lawyer stated that
” As a constitutional lawyer and human rights advocate, I am compelled by recent disturbing happenings regarding the conduct of specific units of the Nigeria Police Force operating within Borno State, particularly the Commander of RRS ( ACP Babalolo Adioye) and the Officer-in-Charge of Cracks Unit. ( ACP Mohammed Ibrahim)”
According to the Human rights advocate “citizens are being arbitrarily arrested in the Maiduguri metropolis without reasonable suspicion of having committed any crime. Disturbingly, after such arrests, these citizens are not charged before a competent court of law as required by the Constitution of the Federal Republic of Nigeria, 1999 (as amended). Instead, they are taken to a juvenile facility known as Tandari, where they are unlawfully detained at the pleasure of the authorities without a court order.”
“Even more troubling is the random nature of these arrests, where citizens going about their lawful business are picked up arbitrarily, linked to alleged offences they know nothing about, and confined in this facility without being charged before a court of law. This practice undermines the rule of law and erodes public trust in law enforcement and government institutions.” He stated .
He noted that” the Constitution is clear on the lawful arrest and detention procedure. Section 35(1) guarantees every citizen the right to personal liberty, and subsection (4) stipulates that any person arrested must be brought before a court within a reasonable time. To guide against potential abuse, 35(5) defined the expression “a reasonable time” to mean 24 hours where a court of competent jurisdiction is within a forty-kilometre radius and 48 hours or more extended period as the court may consider reasonable in other circumstances.”
“There’s hardly any police station in Maiduguri without a court of competent jurisdiction within a forty-kilometre radius; nonetheless, this constitutional safeguard is routinely ignored”
“It is pertinent to state that no law vests in the governor or any executive authority the power to direct citizens to be detained in a remand home, juvenile facility, or any other holding facility without a valid court order. Such actions are ultra vires, unconstitutional, and amount to executive overreach in the case of Mil. Gov., Lagos State v. Ojukwu (1986) 1 NWLR (Pt. 18) 621, the court held that disputes as to the legality of acts of government are to be decided by Judges who are independent of the executive”
He pointed out that “the legal framework for establishing remand homes and centres for children in Nigeria includes the Children and Young Persons Act (now Children and Young Persons Laws of various states), the Child Rights Act 2004, and the Borstal Institutions and Remand Centres Act”
“However, all these laws have provided peculiar procedures for treating minors in contact with the law, and no child shall be detained without a valid remand order or conviction by a court’
He Observed that “remanding any child without a valid subsisting court order is inimical to the child’s right to liberty and dignity guaranteed by the Constitution and all the extant laws cited above, particularly the Child Rights Act 2004 (now domesticated as Child Rights Laws of various states)”
“We note also that the location of Tandari (Remand Home) in Maiduguri is around Gamboru near Kasuwan Shanu. The other area, previously around Custom near Shehu Sanda Kyarimi Secondary School, has now been converted to a rehabilitation centre for repentant Boko Haram terrorists. Against this background, it becomes even more alarming that such facilities are being used as arbitrary detention centres for ordinary citizens, in clear violation of both domestic and international human rights standards”
While calling on the state governor, Zulum to as matter of urgency curb the spate of police lawlessness in the state , he commend the efforts of the government saying that” we acknowledge the enormous security challenges facing Borno State and commend your tireless efforts to restore peace and normalcy. However, it is trite that he who comes to equity must come with clean hands. A noble end cannot be pursued through ignoble means.”
“The fight against crime and insecurity must not come at the expense of the constitutional rights of the citizens, which the government is sworn to protect. The three wise men in the case of Dapianlong v. Dariye (2007) 8 NWLR (Pt. 1036) 239 lent their voice to the foregoing when they held that “where the Constitution is torn into shreds by the action or inaction of those who are charged with the responsibility of upholding it, the net result is that a culture of lawlessness is sowed into the psyche of the people. The end does not always justify the means.”
“we are not suggesting that suspected criminals should be shielded from the consequences of their actions. Instead, we insist that due process of law must always be followed. Arrest, investigation, prosecution, and punishment must all flow within the confines of the law, not outside of it. To do otherwise is to replace the rule of law with the rule of discretion, which our democratic order cannot sustain”
“The Supreme Court in the case of Ajuwon v. Gov., Oyo State (2021) 16 NWLR (Pt. 1803) 485 held that “the Nigerian Constitution is founded on the rule of law, the primary meaning of which is that everything must be done according to law.”
“we respectfully urge Your Excellency to:
1. Direct the cessation of arbitrary arrests and unlawful detentions being carried out by the RRS Commander and OC Cracks, or any other security personnel in the State;
2. Ensure that all citizens currently detained at Tandari or any other non-custodial facility are either charged adequately before a competent court of law in accordance with constitutional provisions, or released forthwith; and
3. Reaffirm the government’s commitment to upholding the Constitution and the fundamental rights of citizens, thereby strengthening public confidence in the rule of law.”
“History will remember leaders not only for the development they brought but also for how faithfully they upheld the Constitution and the dignity of citizens.”
“I trust that you will act swiftly to correct these grave violations and realign the actions of law enforcement agencies under your watch with the dictates of democracy, justice, and the rule of law”
Also copied are
Member, National Litigation Committee (Northern Zone) and
Member, Citizens’ Liberty Committee
Nigerian Bar Association (NBA)Borstal Institutions and Remand Centres Act
