The NBA Ikorodu Branch Human Rights Committee reiterates its commitment to upholding the constitutional rights of all individuals and ensuring that law enforcement agencies operate within the boundaries of the law.
In light of the judicial pronouncement in EFCC v. Emem Israel Uboh (2022) LPELR-57968(CA), we make the following unequivocal assertions:
- “The Nigerian Constitution does not recognize the so-called ‘administrative bail.’ It never contemplated that arresting authorities would flagrantly disobey its provisions by detaining suspects beyond the constitutionally prescribed period.”
- “The right to personal liberty is sacrosanct. Once a suspect is arrested, it is the duty of the court not the arresting authority to determine whether bail should be granted, based on the gravity of the charge and other legal considerations.”
- “Where law enforcement agencies require further detention of a suspect, they must approach the court with an affidavit stating their reasons. Any attempt to detain a suspect beyond the constitutionally prescribed period without a court order is an outright violation of fundamental rights.”
- “Section 35(4) and (5) of the Constitution is clear: any claim of ‘administrative bail’ by law enforcement agencies has no legal backing. The law mandates that a suspect must either be charged to court within the stipulated time or be released unconditionally.”
- “The judiciary is the only institution empowered to determine the continued detention of a suspect. Law enforcement agencies must not usurp the constitutional role of the courts under any guise.”
- “The NBA Ikorodu Branch Human Rights Committee will not stand idly by while the rights of citizens are trampled upon. We remain vigilant and resolute in our advocacy for the protection of fundamental rights and will challenge any illegal detentions perpetrated under the guise of ‘administrative bail.'”
- “We urge all legal practitioners, civil society organizations, and members of the public to resist any attempt to normalize unconstitutional practices. Human rights are not privileges granted at the discretion of law enforcement they are non-negotiable guarantees enshrined in our Constitution.”
The NBA Ikorodu Branch Human Rights Committee remains steadfast in ensuring that law enforcement agencies respect the rule of law and the fundamental rights of every Nigerian. We call on the judiciary, legal community, and relevant authorities to ensure strict compliance with constitutional provisions on personal liberty.
Olajide Abiodun,Np.VC NBA Ikorodu Branch. Chairman NBA Ikorodu Branch Human Rights Committee, Chairman BOVC.
