Kunle Edun, a Senior Advocate of Nigeria and prominent human rights lawyer, has condemned the continued detention of Martins Otse, popularly known as VeryDarkMan, by the Economic and Financial Crimes Commission (EFCC), describing it as unconstitutional and a blatant abuse of power.
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Reacting to the widespread reports of Otse’s arrest on Friday, Edun stated that while the Police — and by extension, law enforcement agencies such as the EFCC — possess investigative powers under Section 4 of the Police Act, those powers are limited by the express provisions of Section 35(5)(a) of the 1999 Constitution (as amended).
“The Constitution only permits the detention of a person for not more than 24 hours where there is a court of competent jurisdiction within a 40-kilometre radius of the detention centre,” Edun explained. “In the case of VeryDarkMan, there are several criminal courts within just five kilometres of the EFCC facility in Abuja. His continued detention is therefore illegal.”
The SAN called on the Chairman of the EFCC to urgently intervene and ensure Otse’s immediate release or, alternatively, charge him to court if there is any credible evidence of criminal conduct.
“It is unconstitutional to detain a person while scouting for evidence to prosecute him. That seems to be what the EFCC is doing — and it sends the wrong message that the agency is biased or acting as a persecutor rather than a lawful prosecutor,” he said.
Edun also decried what he described as a disturbing pattern among Nigerian security agencies — particularly the Police, EFCC, and Department of State Services (DSS) — of arresting suspects in various parts of the country and then transporting them to Abuja for mere interrogations.
“In VeryDarkMan’s case, it was reported that he was arrested in Lagos and flown to Abuja. What offence did he commit that the EFCC’s Lagos office could not handle? Did he commit treason?” Edun queried. “This practice is abusive, unnecessary, and raises concerns about ulterior motives.”
He urged all law enforcement agencies to uphold constitutional safeguards and respect the rights of suspects, stressing that the misuse of prosecutorial powers erodes public trust in justice institutions.
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