A Senior Advocate of Nigeria (SAN) and human rights activist, Mr Femi Falana, has called on the Nigerian Bar Association (NBA) to take decisive action against the illegal arrest and detention of citizens by the police and other law enforcement agencies across the country.
Falana made the call in a statement titled “Time for NBA to Stop Illegal Arrest and Detention of Nigerian Citizens”, issued on Sunday.
The human rights lawyer urged the NBA, under its new leadership, to ensure the enforcement of existing laws designed to protect the fundamental rights of suspects and prevent prolonged or unlawful detention.
Falana specifically cited Section 34 of the Administration of Criminal Justice Act, 2015, and Section 70 of the Nigeria Police Force Establishment Act, 2020, which require Chief Magistrates to conduct monthly visits to police stations within their magisterial districts.
According to him, the Chief Magistrates are empowered during such visits to inspect arrest records, direct that suspects be brought before the court for arraignment or trial, and grant bail to deserving detainees.
He also noted that the relevant laws empower judges of the Federal High Court to visit detention facilities within their jurisdictions to ensure that suspects are not held beyond the period permitted by the Constitution.
Falana, however, expressed concern that the Chief Judge of the Federal High Court had yet to designate judges to undertake such visits.
He called on the NBA, led by Mrs Oyinkansola Badejo-Okusanya, to ensure that members of the Human Rights Committees across all 145 branches of the Association accompany magistrates during their monthly inspections of police stations.
“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 stated.
The SAN further urged the NBA leadership to mount pressure on the Chief Judge of the Federal High Court to designate judges to conduct monthly inspections of detention facilities other than police stations.
He also drew attention to Section 21 of the Nigerian Correctional Service Act, 2019, which recognises the President and national officers of the NBA as official visitors to correctional centres across the country.
Falana urged the NBA leadership to immediately begin exercising its statutory responsibilities under the law.
The rights activist also cited a 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.
According to Falana, the court declared that police authorities have a mandatory duty to deploy police officers who are legal practitioners to every police division to help enforce human rights in policing, in line with 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,” Falana said.
He maintained that the NBA must use the powers available to it under existing laws to bring an end to the illegal arrest and detention of indigent citizens by the police and other law enforcement agencies.
Egalitarian Voice will continue to monitor developments surrounding the enforcement of citizens’ fundamental rights and accountability within Nigeria’s justice and law-enforcement system.
