The Civil Coalition for Constitutional Governance (CCCG) has described the refusal to release suspects detained beyond the limits of law on the ground that courts are on strike as illegal, unjustifiable, unconstitutional and a deliberate attempt to ride roguishly on the fundamental rights of helpless citizens.
In a statement by its convener, Festus Ogun, the group says that countless number of citizens arrested all over the country for one offence or the other are being denied of their liberties without any lawful justification other than the mere fact that our courts are currently under locks and keys due to the failure of the governors to respect the 1999 Constitution and court orders.
Section 35 of Nigeria’s 1999 Constitution states that the police shall not detain any suspect for longer than 48 hours without a court order. Thus, the continuing detention of suspects beyond the time contemplated by law is unfair and should have no place in a constitutional democracy. Save for capital offences, there is no legal justification to detain any suspect beyond the limit of law especially where the police can easily release suspects on administrative bail. Only for reasonable fear of flight, prevention of further offenses, or the protection of public order, any excuse to not release a suspect on administrative bail will have no stand in law.
While those connected to political powers and powerful individuals are granted administrative bails, ordinary citizens are being denied same constitutional privileges, subjected to unlawful detention, extortion and inhumane treatment. This discriminatory application of the law is condemnable and unacceptable.
The closure of courts as a result of failure of leadership should not be an excuse for the authorities to encroach on the human rights and civil liberties of the people. Already, Nigeria is notorious in its disgraceful history of prolong pre-trial detention. While efforts are made to clear this mess, it would amount to a crime against humanity for the Police to become insistent on increasing the number of pre-trial human rights violations. Insisting on court bails where administrative bail can be granted shows the attitude of the authorities to human rights concerns. The law is not an end by itself, it is a means to an end. Being slavish to law is insensitive.
Nigeria owes a duty under the 1999 Constitution, African Charter on Human and Peoples Rights and other international instruments to respect, protect and promote human rights. The indiscriminate detention of suspects as a result of the lingering court strike amount to a gross encroachment on human rights which is no longer acceptable and tolerable. We hereby urge the Federal and States Government to liaise with the police and the National Human Rights Commission to urgently address this issue so as not to expose sacred human rights to perpetual abuse.
SIGNED:
Festus Ogun
Convener, Civil Coalition for Constitutional Governance (CCCG)
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