Unlawful Detention: Legal Practitioners Urge Law Enforcement Agencies to Expedite Action 

Kuni Tyessi in Abuja

In the face of rising unlawful detention within and around the country, legal practitioners have raised the alarm and are calling on law enforcement agencies to expedite action and stem the tide.

Stating that law enforcement agencies and other security organizations have constitutional responsibility to protect lives and properties, they said changing Special Anti-Robbery Squad, SARS to Intelligence Response Team, IRT, is mere cosmetic and has not changed the notorious practice of the operatives in right abuses. 

Principal partner of Koyen-Hi Kebonkwu Chambers, Mike Kebonkwu who spoke during a press briefing in Abuja said the widespread practice amongst security agencies operating in a gestapo style to arrest and bring suspects to Abuja and dump in cells under dehumanizing conditions is unacceptable.

He emphasized that unlawful arrest is a serious violation of human rights and fundamental principles of justice which is a pervasive practice where citizens are detained without due process or justifiable reasons.

He said for this reason, the government and authorities concerned should not pretend that such abuses do not exist or gloss over it as that will be a recipe for disaster in the event of violent protest or riot. 

Furthermore, he said there’s the need to investigate all allegations of unlawful detention and bring the perpetrators to justice, as well as ensure that all detainees are treated in accordance with the due process of law.

Others include: “Establish an independent review mechanism to monitor and oversee law enforcement agencies. Activities of the IRT should be audited as it has taken the visor of SARS.

“The unlawful detention of citizens by law enforcement agencies is a grave concern that requires immediate action.  The irreducible minimum demand is that rights of citizens must be respected even when being investigated.”

“It has metamorphosed into the disbanded dreaded Special Anti-Robbery Squads (SARS) operating without supervision or control. Their operations are not intelligence driven in any sense of the word.

“It has become necessary to draw attention of stakeholders and general public in order to stem this ugly development of impunity and arrogance display of power by security agents. 

The practice involves detaining individuals without charge and beyond constitutional limit without the order of court and without charges.”

 He also added: “We recognize the rights and duties of the law enforcement agencies to carry out their constitutional duties but it must be carried out in accordance with the law and due process in a professional manner.”