Human rights lawyer and Senior Advocate of Nigeria, Femi Falana, has called on the judiciary to enforce the mandatory provisions of the Administration of Criminal Justice Act (ACJA), 2015, particularly Section 34, which mandates monthly visits by magistrates and judges to police detention facilities across the country.
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Falana made this call on Tuesday while delivering an address at the 1st NBA Western Zone Human Rights Summit held in Ibadan, Oyo State. In his speech titled “Visitation of Magistrates to Detention Facilities,” he expressed deep concern over the persistent disregard for the ACJA by judicial officers, law enforcement agencies, and the Nigerian Bar Association.
According to Falana, despite the clear provisions of Section 34 of the ACJA, which require monthly inspection visits by designated magistrates to police stations and other non-prison detention facilities, these visits are rarely carried out.
“Since the Act was enacted in May 2015, Chief Magistrates and Judges have failed to enforce Section 34 by visiting all police stations and other detention facilities at least once a month,” he said.
He noted that this systemic failure has fueled unlawful arrests, prolonged detentions, and in some cases, torture of suspects—particularly poor and indigent citizens who lack access to legal representation.
Falana also blamed the National Assembly for failing to allocate resources for logistics required to facilitate these monthly visits. Instead, he said, lawmakers merely replicated the ACJA provision in Section 70 of the Nigeria Police Act, 2020, without taking steps to ensure practical implementation.
He credited former Ikorodu NBA Chairman, Mr. Bayo Akinlade, for making strides in ensuring compliance with detention visitations in some states but lamented that the broader legal community has largely abdicated its responsibility.
“The Nigerian Bar Association has not helped matters, as the Human Rights Committees in its 130 branches have failed to ensure that these statutory visits are being carried out,” Falana stated.
He reiterated that both the ACJA and the Nigeria Police Act provide judicial officers with the power to order the release, arraignment, or granting of bail to suspects during these inspections. He urged Chief Judges across the country to designate magistrates where necessary and to monitor compliance strictly.
Falana also criticized the use of ex parte applications to remand suspects, describing it as unconstitutional under Section 35(1) of the Nigerian Constitution. He advocated for an amendment to Section 293 of the ACJA to require motions on notice before any suspect can be detained.
In conclusion, Falana declared:
“If the ACJA had been implemented since 2015, the #EndSARS protests of 2020 might never have occurred. Judges and magistrates must now rise to the occasion. The era of illegal arrests and arbitrary detentions must end.”
He called on human rights groups, including NBA Human Rights Committees, to accompany judges and magistrates during their statutory monthly inspections to ensure transparency and accountability.
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