On unlawful arrest, detention and torture

We acknowledge the commitment of the Nigerian Police Force to uphold the fundamental rights of citizens. In a visit to the Kaduna State Police Command, the Inspector General of Police, Solomon Arase, said the era of the police force arresting and detaining citizens wrongfully has come to an end. He urged the Nigerian police to […]

We acknowledge the commitment of the Nigerian Police Force to uphold the fundamental rights of citizens. In a visit to the Kaduna State Police Command, the Inspector General of Police, Solomon Arase, said the era of the police force arresting and detaining citizens wrongfully has come to an end. He urged the Nigerian police to respect the rights of the people and be civil when dealing with the public. “Where there is no evidence, no citizen should be put in custody and no arrest must be made on the grounds of mere suspicion alone”, Solomon Arase said.
While the above pronouncement by the IGP will be a great reform in the police if achieved, it is worthy of note that Nigerians faith and trust in the Nigerian police and other security agencies to carry out their operation according to the dictates of the law has been eroded. This is because on several occasions the police and other security agents have been in breach of the constitutional right of citizens as guaranteed in Section 35 (1) of the 1999 Constitution of the Federal Republic of Nigeria as amended.
Many of the victims who are wrongfully arrested and detained are never given any form of trial and are languishing in prisons. In our legal aid and prison work, we have encountered many inmates that were wrongly detained without any form of trial. Some of who are; Mrs. Leenwi Nwobwe from Ogoni in Rivers State, Mrs. Leebosi Nwobwe a 75 year old woman, Moses Zanzan, Uduak Godwin Frank, Felicia Ndupu and Aisha Mohammed. These people were wrongfully detained in Port Harcourt Prison without any form of trial.
Although, through our legal aid they got their freedom and were released from the prison, we wish to draw attention of Nigerian state, that there are many of such victims who have been detained in different prisons in Nigeria and are undergoing physical and psychological torture for a crime that if they were lucky enough to have had a trial, or even properly investigated will not be in such situations.
In view of the prevalent unlawful arrest and detention in Nigeria, we are calling on the police and other security agents to respect the citizen’s right and uphold the rule of law in all their operations. The police and other security agents are the custodians of the law and should not be seen breaking the law instead. We call on the IGP to back his pronouncement by providing Human Right Education trainings for members of the Nigerian
Police Force so they can be more civil in carrying out their responsibilities. The NPF and other security agencies must be seen taking a strong stance against its own members who violate the constitutional rights of the citizens they have sworn to protect.  As a matter of fact, the police should be the ones educating the citizens on their right. They must collaborate with civil society to educate the security agents and the citizens on their fundamental rights.
There is so much distrust among the citizens regarding the police force that the slogan *“the police is your friend”* is being mocked by the citizens. The Nigerian Government has to show it is committed to the protection of human rights of its citizens from all forms of unlawful detention, arrest and torture and those responsible will be made to face justice.

Audu Liberty Oseni
Arm of Hope Foundation
www.armofhope.org.ng