Prolonged detention of accused persons by security agencies without charging them to court raises serious legal concerns rooted in constitutional protections and human rights standards.
In Nigeria, Section 35(4) of the 1999 Constitution (as amended) explicitly limits police detention to a maximum of 48 hours, after which the suspect must be brought before a court of law or released; exceeding this without judicial approval constitutes unlawful detention.
This provision aligns with Article 6 of the African Charter on Human and Peoples’ Rights, which Nigeria has domesticated, prohibiting arbitrary arrest or detention.
Such practices not only violate the right to personal liberty but also undermine the presumption of innocence, exposing agencies to liability for fundamental rights breaches.
The legal framework further criminalizes these actions under the Criminal Procedure Act and Administration of Criminal Justice Act (ACJA) 2015, which mandate prompt charging or release on bail.
Section 296 of the ACJA emphasizes that detention beyond reasonable investigation periods without trial infringes on fair hearing rights under Section 36 of the Constitution.
Courts have consistently ruled such detentions as illegal, as seen in cases like Alade v. Federal Republic of Nigeria, where the ECOWAS Court declared prolonged holding without court order a violation warranting compensation.
Security agencies risk charges of false imprisonment or arbitrary detention, punishable under relevant penal codes.
Victims of prolonged detention can seek redress through fundamental rights enforcement actions under the Fundamental Rights (Enforcement Procedure) Rules 2009, often resulting in awards for damages.
Habeas corpus petitions compel production of the detainee before a judge, and successful suits have led to releases and penalties against errant officers, reinforcing judicial oversight.
In Nigeria’s context, notorious facilities like SARS detention centers have drawn international scrutiny, with reports from Amnesty International highlighting systemic abuses linked to extended holds without charges.
This exposes the state to lawsuits, both domestic and regional, amplifying reputational and financial costs.
Beyond individual remedies, prolonged detention erodes public trust in security institutions and contravenes international obligations under the UN International Covenant on Civil and Political Rights (ICCPR), which Nigeria ratified.
Article 9(3) of the ICCPR demands prompt judicial review of detention, a standard echoed in African Commission rulings against Nigeria for holding journalists three years without trial.
Agencies engaging in this practice face potential sanctions from bodies like the National Human Rights Commission (NHRC), which can investigate and recommend prosecutions.
Persistent non-compliance has prompted legislative pushes for stricter ACJA implementation nationwide.[4][3]
Prolonged detention also intersects with torture prohibitions under the Anti-Torture Act 2017, as extended custody often involves coercive interrogations violating Section 34 of the Constitution.
Judicial precedents, including Supreme Court decisions striking down “holding charges”—fictitious charges to justify indefinite remand—underscore that no investigation justifies bypassing due process.
Offenders among security personnel may face internal disciplinary actions, demotions, or dismissals, alongside civil claims for exemplary damages to deter recurrence. This holistic liability framework aims to balance security needs with liberty safeguards.
Finally, systemic reforms are imperative to curb these implications, including digital tracking of detainees, mandatory prosecutorial oversight within 24-48 hours, and capacity building for agencies on ACJA compliance.
While courts provide robust checks, enforcement gaps persist, particularly in conflict zones or high-profile cases, perpetuating cycles of abuse.
Addressing this requires political will to prosecute violating officers, ensuring accountability and upholding Nigeria’s rule-of-law commitments amid ongoing human rights advocacy.