•Femi Falana, SAN
Human rights lawyer, Mr Femi Falana (SAN), has condemned the prolonged detention of medical doctor and Abia State University lecturer, Dr Okechukwu Kenneth Nwafor, describing it as a flagrant violation of the Constitution and Nigeria’s criminal justice laws.
Falana disclosed this today during a courtesy visit organised by the Uturu Development Association of Nigeria (UDAN) Worldwide to thank him for securing Nwafor’s release after more than three years in detention.
He said the circumstances of the doctor’s incarceration represented a disturbing abuse of state power and a failure of due process.
According to Falana, no citizen should be arrested or detained without being informed of the reasons for the arrest, granted access to family members and legal counsel, or brought before a court within the time prescribed by law.
He said, “For the benefit of the media, this doctor was detained for over three years following his unlawful arrest. Under Nigerian law, you cannot keep a citizen in detention for such a period without trial, contact with family or access to a lawyer.”
He noted that Nwafor, a first-class graduate and university lecturer, was held without formal charge or trial, in clear breach of the Administration of Criminal Justice Act (ACJA) and constitutional provisions guaranteeing personal liberty and human dignity.
The senior advocate stressed that the law requires law enforcement agencies to inform suspects of their right to remain silent and their right to legal representation before any statement is taken.
He added that where a suspect volunteers a confessional statement, it must be video-recorded to prevent coercion and abuse.
Falana further explained that certain offences do not permit prolonged detention, stressing that no citizen should be held beyond 24 or 48 hours, depending on the availability of a court, without being charged.
He also condemned the widespread practice of extorting money from detainees, particularly during weekend arrests, reiterating that bail is free under Nigerian law.
“Bail is free in Nigeria. Nobody is permitted to demand money for bail. Any officer who does so is acting outside the law.”
Falana, however, announced plans for a nationwide sensitisation campaign aimed at educating citizens on their rights and empowering communities to challenge unlawful arrests and detentions.
According to him, lawyers would be mobilised to visit police stations regularly to monitor detention conditions and provide free legal assistance where necessary.
He therefore urged Nigerians to treat the protection of human rights as a collective responsibility and called on communities to activate human rights committees and report abuses by security agencies.
Earlier, the President-General of UDAN, Dr Chidi Slessor, and the association’s Secretary, Mr Titus Eleweke, expressed their gratitude to Falana for securing Nwafor’s release, describing his intervention as courageous and exemplary.
They said the prolonged detention of Nwafor, a former President-General of Uturu, had caused deep pain within the community, adding that Falana’s dogged pursuit of the case had restored the doctor’s liberty and renewed public confidence in the justice system.
UDAN also appealed to Falana to assist in securing the release of another indigene, Mr Nduka Onyeani, who was arrested on the same day as Nwafor and remains in detention.
In an emotional account of his ordeal, Nwafor alleged that operatives of the Department of State Services (DSS) stormed his home in the early hours of July 29, pointed guns at him in his bedroom, and whisked him away half-naked in the presence of his family.
He claimed he was beaten, blindfolded and tortured, accused of belonging to the Indigenous People of Biafra (IPOB), an allegation he denied, and later transferred to various detention facilities, including Wawa Cantonment in Niger State, where, he said, many detainees had spent years without trial.
“I kept praying every day because I didn’t know if I would come out alive,” he said.
Nwafor expressed profound gratitude to Falana, saying the lawyer’s intervention saved his life and restored his freedom.
