Falana to NBA: End illegal arrest, detention of Nigerians

A Senior Advocate of Nigeria (SAN) and rights activist, Mr Femi Falana, on Sunday, called on the Nigerian Bar Association (NBA) to take what he described as decisive action against the illegal arrest and detention of citizens across the country.

The SAN, in a statement titled, ‘Time for NBA to Stop Illegal Arrest and Detention of Nigerian Citizens’, argued that the NBA, under its new leadership, must enforce existing laws designed to protect the rights of suspects.

Falana referenced Section 34 of the Administration of Criminal Justice Act, 2015, and Section 70 of the Nigeria Police Force Establishment Act, 2020, which mandate Chief Magistrates to conduct monthly visits to all police stations within their magisterial districts.

In his words, during such visits, Chief Magistrates are empowered to inspect arrest records, order suspects to be taken to court for arraignment or trial, and grant bail in deserving cases.

The human rights activist stressed that both laws also empower judges of the Federal High Court to visit other detention facilities within their jurisdiction to ensure that suspects are not detained beyond the constitutional limit, lamenting that the Chief Judge of the Federal High Court has yet to designate judges for the task.

According to him, “We are compelled to call on the Nigerian Bar Association under the leadership of Mrs Oyinkansola Badejo-Okusanya to ensure that members of the Human Rights Committees of all the 145 branches of the Association make it a point of duty to accompany the Magistrates during the monthly visits and inspection of police stations.”

Falana equally tasked the leadership of the NBA with mounting pressure on the Chief Judge of the Federal High Court to designate judges to conduct monthly visits to all detention facilities other than police stations.

The SAN also made reference to Section 21 of the Nigerian Correctional Service Act, 2019, which makes the President and national officers of the NBA official visitors to all correctional centres in the country, calling on them to immediately carry out their statutory duties.

Falana cited the judgment in The Incorporated Trustees of the Nigerian Bar v Police Service Commission & Ors (Suit No: NICN/ABJ/264/2025), where Justice O. Y. Anuwe of the National Industrial Court declared that police authorities have a mandatory duty to deploy police officers who are legal practitioners to every police division to enforce human rights in policing, as mandated by Section 66(3) of the Nigeria Police Act, 2020.

“In line with the terms of this judgment, the new NBA leadership should ensure that police officers who are legal practitioners are assigned to every police station to monitor the observance of the human rights of suspects,” the SAN stated.

Falana added that the NBA should invoke relevant laws to end the illegal arrest and detention of indigent citizens by the police and other law enforcement agencies.