Falana underscores need for protection of liberty, right of citizens
A Senior Advocate of Nigeria (SAN), Mr Femi Falana, on Tuesday, described the constitutional rights of citizens. as inalienable, and urged the need for individuals to protect their personal liberty.
Falana spoke in reaction to the release of a medical doctor, Kenneth Nwafor, who was reportedly detained by the Department of States Service (DSS) since 2022.
He was said to have been arrested on allegations of belonging to a proscribed group.
The rights activist made the statement when he received members of the Uturu Development Association of Nigeria (UDAN) worldwide, who had come to express gratitude on the release of Nwafor.
Falana described Nwafor’s detention, as a gross violation of the constitution and other extant laws protecting personal liberty and human dignity.
He stressed that no citizen should be detained without access to family members, legal counsel or proper judicial oversight.
The learned silk said that the doctor, a first class graduate and lecturer at the Abia State University, was held in custody without a formal charge or trial.
He noted that such detention contravenes the provisions of the Administration of Criminal Justice Act (ACJA), as well as constitutional provisions on the rights of suspects.
“For our friends in the media, this doctor was detained for over three years, following his unlawful arrest on July 29, 2022.
“Under Nigerian law, you cannot keep a citizen in detention for such a period without trial, contact with family, or access to a lawyer,” he said.
Falana explained that the law mandated the police to inform detainees of the reasons for their arrest, their right to remain silent and their right to legal representation before any statement is taken.
According to him, where a suspect wishes to make a confessional statement, such must be video-recorded, in line with the law, to prevent abuse and coercion.
He added that legally, no citizen should be held beyond 24 or 48 hours, without bail or being charged, depending on the availability of a court.
“Bail is free in Nigeria, nobody is permitted to demand money for bail; Any officer who does so is acting outside the law,” he said.
Meanwhile, the rights activist announced plans for a sensitisation campaign nationwide, to educate citizens on their rights.
He hinted that lawyers will be mobilised to visit police stations regularly, in a bid to ensure that detainees’ rights are respected.
Earlier, the President-General of UDAN, Dr Chidi Slessor, and the Secretary, Mr Titus Eleweke, jointly expressed gratitude to the silk, for securing the release of Nwafor.
They said that the intervention by the silk had restored his liberty and rekindled confidence in the justice system.
The group also appealed for assistance to secure the release of another person, Mr Nduka Onyeani, who was also arrested on the same day, but still in detention.
