- Ogun is an exception — State’s Attorney General
Human rights lawyer Femi Falana (SAN) has accused the Nigerian judiciary of aiding the unlawful detention of poor citizens by failing to enforce the mandatory monthly inspections of police stations and detention facilities prescribed by law.
Speaking at the 1st NBA Western Zone Human Rights Summit in Ibadan on June 3, 2025, Falana said that despite the enactment of Section 34 of the Administration of Criminal Justice Act (ACJA) in 2015, Chief Magistrates and Judges have neglected their duty to carry out monthly inspections.
According to Falana, the inaction of the judiciary has left the poor vulnerable to arbitrary arrests, torture, and prolonged detention, while wealthy individuals can afford legal representation to protect their rights.
“From the foregoing, it is crystal clear that visiting Chief Magistrates and Judges are empowered to order the release of detainees, or grant them bail or direct that they be arraigned in court,” he said.
According to Falana, since the passage of the ACJA, which should challenge illegal arrests and detentions, its protective measures have been observed in breach.
“But since the Act was enacted in May 2015, Chief Magistrates and Judges have failed to enforce the provisions of section 34 of ACJA by visiting all police stations and other detention facilities at least once a month,” he said.
He lamented that while the Chief Justice of Nigeria had directed state Chief Judges to enforce these provisions in 2018, there has been little practical compliance, and the Nigerian Bar Association’s Human Rights Committees have also failed to ensure these inspections take place.
“But in spite of the clear provisions of the ACJA and Police Establishment Act, Chief Magistrates and Judges have failed to conduct monthly visits to police stations and other detention facilities in the country,” he said in his address.
“Hence, the incessant arrest, detention and torture of poor citizens by the Police and other security agencies have since become the order of the day.
“The Nigerian Bar Association has not helped matters as the Human Rights Committee in its 130 branches have failed to ensure that Chief Magistrates and Judges conduct visits to police stations and other detention facilities.”
Falana called for immediate action to protect the fundamental rights of detainees and end what he described as systemic injustice against poor Nigerians.
“Section 34 (1) of the Administration of Criminal Justice Act 2015 provides that 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,” he said stressing the provisions of the ACJA.
The Attorney General of Ogun State, Oluwasina Ogungbade (SAN), however, acquitted of his state.
“Our CJ here does periodic Jail delivery exercises. I also visit the custodial centers occasionally to identify inmates whose cases require urgent intervention. Just this morning (Thursday), we facilitated the release of a mother and her daughter who had been in custody for three months over the alleged theft of 5 chickens. They had been granted bail but were unable to meet the bail conditions.
“They were arraigned solely on a so-called confession extracted by the police from the woman’s 9-year-old son, who himself was detained for several days. So we took over the matter and expedited action on the legal advice, which exonerated them of any wrongdoing. They went home this morning.”
