The Nigeria Police Force has a detention anomaly that should not exist

BY INIOLUWA JOSHUA

On 28 August 2024, the lawyers of Isaac Bristol, a whistle-blower popularly known as ‘PIDOMNigeria’ on X, charged the Nigerian police in court. The police detained Bristol for 28 days and he was not allowed access to his family or lawyers for the first six days. Bristol’s unlawful incarceration is a high-profile example of Nigeria’s security agencies’ chronic disregard for laws.

To address this anomaly, the national assembly must constitute an active oversight of security agencies. Also, the Nigerian judiciary must support litigation during such gross human rights abuses.

Nigeria’s constitution stipulates that an arrested individual must be charged to court within 24 hours of arrest and up to 48 hours in special circumstances. However, the National Human Rights Commission estimates that as many as seven out of every 10 prisoners are victims of prolonged detention, clearly disregarding this constitutional provision.

The buck begins with the Nigerian national assembly, which has an oversight function over the executive arm and its agencies. Through its Police Affairs Committee, the national assembly can review the guidelines of security agencies’ in-house disciplinary manuals and how these guidelines are implemented.

For example, police abuses like unlawful extortion, abduction, and illegal searches usually lead to individualised trials and the dismissal of offenders. The same measure must now apply to police personnel who illegally detain citizens, regardless of the officer’s cadre.

Following Bristol’s disappearance, citizens and human rights activists on X called out the police for arresting him. Bad publicity is a strong deterrent for a police force that tries to save face instead of following laid-down rules from the onset.

Members of civil society organisations must aggressively publicise and unequivocally condemn instances of illegal detention via social media trends, television and radio broadcasts, and newspaper publications, among other mediums.

Also, Bristol’s lawyers have set a suitable precedent for citizens fighting illegal detention by seeking legal redress in the face of oppression. If more people sought legal redress, the police would take a cue from its mounting legal burden and address the root causes within its ranks. Nigerians must sue the police for violating constitutionally protected rights, especially as it relates to illegal detention.

The judiciary must also rise to the challenge of adequately dealing with cases where the police are sued for human rights violations. The Nigerian judiciary has arguably not excelled in its role as arbitrators. In cases of prolonged detainment, the judiciary must set a precedent of zero tolerance.

Judges should expedite the review and arbitration of cases of prolonged detention brought before them. These steps would prevent the injustice from continuing for much longer.

Inioluwa Joshua is a writing fellow at African Liberty.