Falana Demands End To Ex-Parte Remand, Slams Illegal Detentions

Human rights lawyer Femi Falana (SAN) has demanded a review of Nigeria’s criminal justice system, calling for an end to the use of ex parte applications in remanding suspects.

Falana made the call while delivering a keynote address at the Nigerian Bar Association Western Zone Human Rights Summit held in Ibadan.

He said, “Section 293 of the ACJA empowers a Magistrate to order the remand of a suspect for a renewable period of 14 days.

“This provision should be reviewed as it has been grossly abused by detaining authorities and Magistrates. Since section 35(1) of the Constitution guarantees the fundamental right to personal liberty, the detention of a suspect on the basis of an ex parte application is illegal.

“It is suggested that section 293 of ACJA should be amended to provide for motion on notice for the detention of any suspect,” he declared.

The senior advocate said the provision was being abused by police officers and magistrates to keep suspects in prolonged detention without trial.

He said, “No doubt, the provisions of section 34 of the Administration of Criminal Justice Act, 2015 and Nigeria Police Act, 2020 have confirmed the policy of the Federal Government to ensure that the fundamental right of every citizen to personal liberty is not infringed upon or abridged by law enforcement officers contrary to the procedure permitted by law.

“It is now left for the Judiciary to activate and implement the provisions of the law in order to end the incessant arrest and prolonged detention of the Nigerian people without any further delay.

“We are of the strong view that if all detention facilities in the country are henceforth regularly inspected by Judges and Chief Magistrates as stipulated by the law, the people of Nigeria will no longer be subjected to illegal arrest and detention by the Police and other security agencies.

“If ACJA had been made to work since 2015, there would have been no #EndSARS protests in 2020. We are therefore compelled to call on Judges and Chief Magistrates to carry out their duties under section 34 of ACJA and section 70 of the Police Establishment Act,” Falana added.

The lawyer urged the judiciary to act swiftly to curb rights violations and align legal practices with the Constitution.

Titilope Adako

Titilope Adako is a talented and intrepid journalist, dedicated to shedding light on the untold stories of Osun State and Nigeria. Through incisive reporting, she tackles a broad spectrum of topics, from politics and social justice to culture and entertainment, with a commitment to accuracy, empathy, and inspiring positive change.

Related posts:

Falana Demands Bawa’s Release, Says Remand Order Expired Falana Slams Police, Demands Immediate Release Of Dele Farotimi ‘It’s Unconstitutional’, Falana Slams National Assembly Over Bill Proposing Six-Month Jail For Non-Voters $3.4bn Loan: Falana Accuses FG, IMF Of Mismanagement, Demands Investigation