ILLEGAL DETENTION AND CRIMINAL LAW IN NIGERIA

he practice of nationbuilding begins with robust legal system to ensure equity and fairness in the dispensation of justice and order in a sensitive clime.Infact human capital development not just sustainable economic and political development is impracticable in the atrophy of robust legal system by ensuring first and foremost that personal liberty or critical access to personal liberty as sancrosanct fundamental human right of the citizenry is heavily protected against odds as it may be in critical times.On saturday,of april i was arrested 24 hours at the igando police station without access to fair hearing or my right to fair hearing as typical trademark of the Nigerian police force was abused.Tackling the spiral of illegal detention or illegal police arrest of a suspect or defendant in general is a critical challenge to nation building. Nevertheless there are critical legal instruments that guarantee personal liberty as a core ensemble of fundamental human right of the citizenry can be tackled effectively.For instance section 35 of Nigerian constitution and article 3 of african charter on human right(Ratification and enforcement)act,cap(A9)laws of federation of Nigeria 2004 save as otherwise provided by the law,police have no express power to detain any one.However section 38 of the police act 2020 allows police to arrest with condition.The criminal law does not empower police to arrest unconditionally in contrast to gross abuses by the police officers abusing the power of arrest,donated by section 38 arresting and detaining citizens like me indiscriminately even in civil matters.All international human right provisions not excluding nigerian constitution oppose illegal arrest and detention without sufficient evidence.Freedom from wrongful or false imprisonment or any physical restraint either in prison or on the street is defined as personal freedom.Hence, personal liberty of a person may be contravened exceptions in section 35(1)(a-f) of 1999 constitution that indicates personal liberty is suspended once there reasonable suspicion of a suspect having committed criminal offense.But if made within confines of the law maynot constitute a breach of citizen's rights No matter how short adetention is can be breach of citizens'right section 5(1) of the police act made provision to protect personal liberty.Section 35(2),(3),(4) of 1999 constitution and section 35 of police act.Any breach leads to illegal detention with or without trial.Nigeria is a signatory to UN Charter or UN declaration of human rights and african charter of human right and had domesticated those treaties and laws specifically the section that guarantees personal liberty section 35.Hence it must be protected or controlled or encumbered by due process of the law.That is to say through court order execution and also guaranteed by ACJA2015.Any violation of this right no matter how short like my own experience is a breach given that arrest and detention especially in civil cases are unconstitutional. Infact such arraignment of that person and of subsequent arraignment cannot or would not cure the illegality or unconstitutionality of the arrest and suspect`s detention in contravention of section 35.Abuse of landlord power is quite sickening and in my case demeaning.Whereas my landlady boasted behind me according to what my brother told me after i came home from detention.She said and i quote,'kunle is stubborn and i will teach him a lesson`.The arrest was driven by wilful prejudice and the fact presented ommitted the much earlier actionable offense of tresspas and interference perpertrated earlier by the landlady.That is he made forcible entry to effect repairs no notice between 24hrs and 48hrs prior to entry and he did it twice and the second while checking the man hole to detect repair spots.In the lagos criminal law forcible entry is an actionable offense.And in the law of equity it says'he who goes to equity must go with clean hands' According to that section 35,it says'Any person who is unlawfully arrested or detained shall be entitled to compensation and public apologyfrom appropriate authority or person'. It was unfortunate that even thepolice woman that did the arrest shown only her police identity card and claimed she had the power to arrest. Whereas the law mandatesinvitation letter or arrest warrant before any arrest which she disputed.The warrant ordinarily must be signed by a judge or magistrate and when the IPO came there was no such warrant.Hence i have the right to sue for damage to be awarded me to compensate for my unlawful arrest and illegal detention.As an aggrieved person,i have the right under the law of tort to sue the police and complainant for malicious prosecution and compensatory damages.I didnt resist the police arrest which is risky,can cause harm and criminal charges.I followed the police woman according to my lawyer's ordnance and headed to igando police station inside Marwa tricycle.Section 35(3)of the police act 2020 answers the rest of the proceedings which talks about contact your family,friends and relation with the help of madam blessing a local police woman. With the exception of cases like murder and armed robbery all boys and girls,men and women at the counter should not be held in prison in the first instance,more than between 24hours and 48hrs and any longer or further detention can only be done by a judge and a magistrate.Wrongful detention is quite common.Does it make sense to charge a suspect with serious offence just to have them detained yet make little effort to investigate them?The police woman ought to have investigate my case properly before my arrest and my right to fair hearing unimpaired by landlady's prejudice branding conflicting evidence.Whereas she perpetrated tresspas first begun actionable made forcible entry to effect repair before my allegation of wilful damage was leveled. In the statement i made at the igando police station,i complained too about my trampled right.This include 1.lack of tenancy aggreement;2.non issuance of receipt:any nonissuance in context is 100k fine or 300k for 3years. I Complained bitterly before she brought fake receipts for rent increase since 2019 over which there was no offer let alone an acceptance or contract.Lack of tenancy aggreement does not give her the locus standi to issue quit notice and am entitled to 6 months notice and a 7day quit notice.It is fraudulent to collect rent and yet refuse tenant entry into their tenancy period.Whatever quit notice you issue terminate the moment tenant pays new rent,yet my landlady refused refund of 100k i paid into first bank account on march 10.This landlady wanted to evict me before december and gave only june to vacate the premise.When we moved in 2012 january period of subsidy protest,we met the house uninhabitable for which there is pictorial evidence.Yet she accused me of willful damage to the house that wasnt habitable and toilet and bathroom doors badly dilapidated.My complaint to landlord fell on deaf ears claimed we bachelors are irresponsible but provided new doors to our cotenants.Unfortunately when they left the so called responsible couple badly damaged their apartment In the Lagos criminal law in part 2 of Offences against public order,chapter 8 of unlawful assemblies ,Breaches of the peace.It talks of forceful entry and later forcible possesion and shed more light on threatening violence.In chapter 9 of disclosure of official secrets and removal of documents,talks of wrongful communication of information.In chapter 11 of offences relating to administration of justice talks of fabricating of evidence and false accusation. Chapter 35 of unlawful damage to property also talks about unlawful interference.Wilful Damage:My brother was accused of wilful damage and that was quite unfair considering the earlier durres of interference and forcible entry made by the landlady.A true definition of offense and actionability in this context also blamed the landlady as the instigator and accomplice in the wilful damage.Both offence carry similar penalties.Let me go back to Chapter 29 that talks of offences similar to stealing talks about fraudulent appropriation of power and the landlord is guilty of power abuse,threatening violence to evict gullible tenant, cheating,forceful entry and attempt at forcible possesion etcetera prior to exit of tenancy period. My learned counsel let me reiterate my concern over regularity of illegal detention in our country prison and police system two principal of the legal system.In 2012,over 38,352 or 71% of nigerian prison population were perpetually detained awaiting uncertain trials. The proportion of the pretrial detainees is quite stable in the last 2 decades. I was shocked by innocent boys at the igando police station detained with no wherewithal of defence for days or weeks behind counter urinating,eating and sleeping in the same gaol,some menstruating ladies immobile and unkempt spreading odour in the congested incommodious room of 33 prison inmates.According to Nigerian prison service in 2006,pretrial detention lasted sometimes close to 4 years.I was awazed with the case of alade vs federal republic of nigeria.He was brought before the magistrate court in yaba,lagos on allegation of armed robbery that lacks jurisdiction over the case brought against the suspect.He was remanded in custody and then held in maximum prison at kirikiri for close to 9years.In 2012 ecowas court released him.I dont know:why should they detain suspect above 48hours?More boys were held bars on account of 'holding charge`which means indefinite detention of suspects without charge or due process of law. According to supreme court,it upheld that over 70percent of nigerian prison population comprises of pretrial detainees and close to a quarter have been behind bar over the years.We have overburdened justice system and distorted court system.What was the profit of 2.7m.naira compensation paid to alade a man whose golden strenght was squandered for almost a decade?We have been unjustly treated and we desire that justice prevails.I do not know where i would find rent to last till january.In the law of equity,it says equity aids the vigilant,that he goes to equity must not delay,and that he who goes to equity must go with clean hands.I Plead you my notary public,my legal counsel.make haste.