Vows to liberate Nigerians from detention centres, offering free legal services
Emmanuel Ukudolo I Wednesday, January 21.26
LAGOS, Nigeria – Human rights activist, Mr Femi Falana, SAN has condemned prolonged detention of a lecturer at Abia State University, Dr Kenneth Nwafor, for over three years.
Falana, who spoke during a visit organised by Uturu Development Association of Nigeria (UDAN)Uturu Development Association of Nigeria (UDAN) Worldwide in behalf of Nwafor, described the 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 the lecturer, a first class graduate was held in a facility without formal charge or trial, noting that such detention contravened the Administration of Criminal Justice Act (ACJA) and 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 in 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 was 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 certain offences were not legally detainable, adding that no citizen should be held beyond 24 or 48 hours, depending on the availability of a court, without being charged.
Falana also condemned the practice of extorting money from detainees, especially during weekend arrests, stressing that bail is free and that demanding payment for bail is illegal.
“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.
Falana announced plans for a nationwide sensitisation campaign to educate citizens on their rights and empower communities to challenge unlawful arrests and detentions.
According to him, lawyers will be mobilised to visit police stations regularly to ensure detainees’ rights are respected and to provide free legal assistance where necessary.
The human rights activist urged citizens to make the protection of human rights a collective responsibility, calling on communities to engage human rights committees and report abuses by security agencies.
He thanked members of the public for their solidarity and pledged continued legal action against all forms of unlawful detention and rights violations.
Earlier, the President-General, of UDAN Dr Chidi Slessor and the Secretary, Mr Titus Eleweke, in a joint letter, expressed gratitude to Falana for securing the release of Nwafor, popularly known as Onye Army.
The association praised the lawyer’s “exceptional courage, resilience and unwavering commitment to justice” in defending and securing the doctor’s release.
According to UDAN, Falana’s doggedness in pursuing the case, despite obvious challenges and prolonged legal hurdles,” is a testament to a “lifelong dedication to the rule of law, protection of fundamental human rights and defence of the oppressed.
“Dr Nwafor, a former President-General of Uturu, is a worthy son whose prolonged detention deeply pained the Uturu people of Abia State.
“The intervention by the senior advocate restored his liberty and rekindled confidence in the justice system,”
Slessor and Eleweke said.
UDAN also appealed for assistance to secure the release of another indigene, Mr Nduka Onyeani, who was arrested the same day with Nwafor and since remained in detention..
Speaking at the event Dr. Okechukwu Kenneth Nwafor said he was sleeping in his house with his wife and children on 29th July, 2023 when officials of the DSS stormed his house at 2:35am and pointed guns at him in his bedroom and was whisked away with only boxers.
” My palour was filled up with DSS and soldiers with over 30 Hilux vans outside in front of my house.
” I was handcuffed, my eyes tied and I was beaten. At a stage on the way, I heard one of them say, let’s waste this man and go away. But a DSS official I guessed prevailed on them from killing me at that moment.
” When I got to DSS office, I was made to face the wall till dawn. The following day, torture started. They used hammer to smash my head, blood gushed out and when my assailant wanted to repeat the feat, a senior officer stepped in and questioned why he is hitting the man who has been talking voluntarily to them. So he stopped him”.
“They said I belong to IPOB, I told them I am not”, the former soldier, First Class Scholar and lecturer at Abia State University said.
He continued: “On the 3rd of August, they asked me to prepare that I am going home. What followed was that the man cocked his gun and released a shot into the air. My phone was collected and they took me in their car until they passed Okigwe and we arrived ABUJA at 5pm. I entered the DSS headquarters.
On 7th October, I was very sick, they woke me up and I came out with 35 others. They handcuffed us and gave us water bottles to urinate on the way. They took us to Wawa Cantonment in Niger State. There I saw hellfire on earth. There is no fly, I found thousands of people, youths, suicide bombers, and bandits all classified according to events in each region.
“Everyone from the East is regarded as a member of IPOB. Here they charge you as they desire and force you to enter a guilty plea. One guy who refused to plead guilty was beaten until he fainted.
” While there I kept praying everyday because I didn’t know I will come out alive. Some have spent 15 years there without trial”, he said.
Turning to Mr. Femi Falana, he said: ” May God continue to replenish you. The God who saved me through you will not allow you to encounter any problem”.
