Falana Urges Lagos CJ to Inspect Detention Centres

Akinwale Akintunde
Lagos lawyer, Femi Falana (SAN), has urged the Chief Judge of Lagos, Justice Opeyemi Oke, to order a monthly inspection of all police stations and detention centres in Lagos State to prevent rights abuses.
In a letter to the CJ, Falana urged her to designate Chief Magistrates to conduct monthly inspection of all police stations and other detention centres to prevent the illegal detention of citizens and foreigners.

Falana said he would ask the court for an order of mandamus to compel the chief judge to designate the magistrates should she fail to act before December 31.

He said the request was pursuant to Section 34 of the Administration of Criminal Justice Act (ACJA) 2015.
It provides: “The Chief Magistrate, or where there is no Chief Magistrate within the police division, any Magistrate designated by the chief judge for that purpose, shall at least every month, conduct an inspection of police stations or other places of detention within his territorial jurisdiction other than the prison.

“During a visit, the magistrate may call for, and inspect, the record of arrests; direct the arraignment of a suspect; where bail has been refused, grant bail to any suspect where appropriate if the offence for which the suspect is held is within the jurisdiction of the magistrate.”

Falana said in view of the provision, the chief judge may wish to monitor the monthly inspection by directing the designated chief magistrates to submit monthly returns of such inspection to her office forthwith.

“It is hoped that Your Ladyship will not hesitate to grant our humble request in view of the urgent need to compel the Nigeria Police Force and other law enforcement agencies to respect the fundamental rights of every person to liberty and dignity guaranteed by sections 34 and 35 of the 1999 Constitution as amended.

“Take notice that if the said Chief Magistrates are not designated by Your Ladyship before December 31, 2017, we shall not hesitate to pray the Lagos State High Court for an order of mandamus with a view to ensuring urgent compliance with the law,” Falana said.