Former Chairman of the Nigerian Bar Association, Abuja Branch, Folarinwa Aluko, has commended the Commissioner of Police in charge of the Federal Capital Territory Command, CP Ahmed Mohammed Sanusi, for reinforcing constitutional safeguards governing the arrest and detention of suspects.

Aluko, a former member of the Federal Administration of Criminal Justice Monitoring Committee, gave the commendation while delivering the keynote address at a public lecture on community policing in Abuja at the weekend.

CP Sanusi recently directed officers under the FCT Police Command not to keep suspects in custody beyond 24 hours without obtaining a valid court order.

The Commissioner also directed officers to review case files promptly and ensure that detained persons are allowed access to legal representation, members of their families and necessary medication.

Aluko said the directive reflected the constitutional and statutory obligations imposed on law enforcement officers when exercising the power of arrest and detention.

He disclosed that his commendation was also informed by a recent case in which he raised concerns with the Commissioner over what he considered a wrongful detention, prompting Sanusi to intervene.

According to the former NBA Abuja Chairman, police officers must address two distinct legal questions whenever they exercise the power of arrest.

He said officers must first determine whether sufficient grounds exist to arrest the person and subsequently establish whether there is lawful authority to continue holding the suspect in custody.

Aluko explained that although the Administration of Criminal Justice Act permits law enforcement officers to arrest without a warrant in limited circumstances, the power does not constitute an indefinite authority to detain a suspect.

He maintained that officers who have sworn to uphold the Constitution must observe that obligation from the moment the power of arrest is exercised until the suspect is released, granted bail, charged or lawfully remanded by a court.

Aluko cautioned that the submission of a petition or criminal allegation does not automatically establish sufficient grounds for arrest or justify prolonged detention.

“A petition or allegation may trigger investigation, but it does not by itself establish the grounds for arrest or justify continued detention,” he said.

He added that arrest should be based on legally sufficient grounds and must not be employed as punishment, intimidation or a substitute for a proper investigation.

The constitutional safeguards governing detention require an arrested person to be informed promptly of the facts and grounds for the arrest, allowed access to legal representation and brought before a court within a reasonable time.

Section 35 of the 1999 Constitution defines reasonable time according to the availability and proximity of a court with competent jurisdiction. The Administration of Criminal Justice Act also provides procedures for bail and judicially authorised remand where an investigation cannot be completed within the constitutionally permitted period.

Aluko therefore urged the Nigeria Police Force to reinforce the FCT Commissioner’s approach through regular practical training for officers on lawful arrest, detention, case-file management and the protection of suspects’ rights.

He called for the principles underlying Sanusi’s directive to be incorporated into police training programmes to ensure that officers understand the difference between the authority to arrest and the legal basis required to continue detaining a suspect.

The former NBA chairman also urged commissioners of police in other state commands to adopt similar measures, arguing that consistent compliance with constitutional safeguards would strengthen public confidence in law enforcement and reduce cases of unlawful detention.

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