REMEDIES FOR UNLAWFUL/ILLEGAL DETENTION BY THE POLICE

[Olajire Deborah]

REMEDIES FOR UNLAWFUL/ILLEGAL DETENTION BY THE POLICE

 Fundamental Rights Enforcement: Your right not to be unlawfully detained is a fundamental right.It is guaranteed by the Constitution and is the same everywhere in Nigeria. So, if you are unlawfully detained, you are entitled under the Nigerian Constitution to be paid compensation and issued a public apology for the detention! This is no doubt because the 1999 constitution says in section 35, subsection 6 that “Any person who is unlawfully arrested or detained shall be entitled to compensation and public apology from the appropriate authority or person.”

 Civil Claims For Damages: If you are or have been unlawfully detained, you may also file a case in court to claim damages for such unlawful detention.

 Application To Magistrate: Under the ACJA 2015 and ACJL of Lagos State, a person who is in detention and not released on bail is entitled to apply to the Magistrate having jurisdiction for the offence, and the Magistrate is conferred with the power to order that the suspect be produced in court, enquire into the circumstances of his detention and order that he be released on bail where he deems fit.

 Right Of Complaint To Higher Authorities: You have a right of complaint to a higher authority if the person who detained you illegally is a police officer or uniformed personnel. All you need to do is to get the particulars of the officer involved in such illegality and inform his superiors. Aside from the higher quarters, you may make your complaint to The Provost Marshall of the Police or The Armed Forces

 Police Human Rights Desk: Most Police Stations and Commands now have the Human Rights Desk. This is a section created by the Police themselves to check the abuse of human rights by men and officers of the Nigeria Police. Where any of your rights has been violated, like in unlawful detention, then you are entitled to complain to the Human Rights Desk and your case will be treated accordingly

 Right To Ask Court For Injunction From Incessant Arrest And Detention Or To Ask For Committal: Where you have been unlawfully detained and there is a likelihood or threat that you may still be detained unlawfully again by the same person or authority, then you may approach the court to grant you an injunction to stop the person or authority from the incessant arrest and detention.

 Your Right Against The Complainant: If the unlawful detention resulted from the complaint made by some other person(s), then you are entitled to sue those persons too for damages. If, for instance, Mr. A writes a false or malicious petition or makes a false allegation against you to the Police as a result of which you were detained, you are entitled to sue Mr. A for the unlawful detention and claim damages from him. You may sue him along with the Police if he engages the Police to carry out the unlawful detention.

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