Human rights advocate Femi Falana (SAN) has called for the urgent amendment of the Administration of Criminal Justice Act (ACJA) to abolish the practice of remanding suspects through ex parte applications.
Delivering a keynote address at the NBA Western Zone Human Rights Summit in Ibadan, Falana argued that ex parte remand orders violate the constitutional right to personal liberty enshrined in Section 35(1) of the Nigerian Constitution.Nigerian cultural tours
Currently, Section 293 of the ACJA allows Magistrates to issue remand orders for suspects for a renewable period of 14 days, often without giving the suspect or their counsel a chance to respond.
Falana said this provision is being grossly abused by police and magistrates, leading to unjust and prolonged detentions.
He said, “Section 293 of the ACJA empowers a Magistrate to order the remand of a suspect for a renewable period of 14 days.
“This provision should be reviewed as it has been grossly abused by detaining authorities and Magistrates. Since section 35(1) of the Constitution guarantees the fundamental right to personal liberty, the detention of a suspect on the basis of an ex parte application is illegal.”
“It is suggested that section 293 of ACJA should be amended to provide for motion on notice for the detention of any suspect,” he declared.
Falana’s call for reform comes as part of a broader campaign to ensure that Nigeria’s criminal justice system upholds constitutional rights and ends the widespread misuse of remand orders.Nigerian cultural tours
He called for the amendment to stop the exploitation of ex parte applications and to safeguard the liberty of all Nigerians.
He said, “No doubt, the provisions of section 34 of the Administration of Criminal Justice Act, 2015 and Nigeria Police Act, 2020 have confirmed the policy of the Federal Government to ensure that the fundamental right of every citizen to personal liberty is not infringed upon or abridged by law enforcement officers contrary to the procedure permitted by law.
“It is now left for the Judiciary to activate and implement the provisions of the law in order to end the incessant arrest and prolonged detention of the Nigerian people without any further delay.Nigerian cultural tours
“We are of the strong view that if all detention facilities in the country are henceforth regularly inspected by Judges and Chief Magistrates as stipulated by the law, the people of Nigeria will no longer be subjected to illegal arrest and detention by the Police and other security agencies.”
“If ACJA had been made to work since 2015, there would have been no #EndSARS protests in 2020. We are therefore compelled to call on Judges and Chief Magistrates to carry out their duties under section 34 of ACJA and section 70 of the Police Establishment Act,” Falana added.
