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Stop unlawful remands – NBA president tells South East chief judges

The FrontierThe FrontierMarch 5, 2025 3111 Minutes read0

•Nigerian Bar Association President Afam Osigwe

President of the Nigerian Bar Association, Afam Osigwe (SAN), has expressed worry over the deteriorating security situation in the South-East, highlighting rampant illegal detentions, extrajudicial killings, and human rights abuses.

In an interview with our correspondent in Enugu, Osigwe condemned the developments, stating that they had led to the breakdown in law and order in the region, reports The PUNCH.

“The issue of security in the South East should be taken seriously, giving the due attention it deserves.

“There has been a breakdown in law and order in many parts of the South-East, many communities no longer have a presence of local government, police stations have been destroyed, people are being kidnapped and ransomed, and people are beginning to take it as the order of the day,” he said.

He condemned the practice of some magistrates without jurisdiction, granting remand orders, leading to prolonged and unjust detentions.

He noted that over 68 per cent of prison inmates in the country were awaiting trial, adding that many had spent more time in detention than they would have if convicted.

“We condemn a situation where people are being held in remand, and we have also sent out an appeal to all Chief Judges (CJs) to ensure that no magistrates’ court gives an order of remand without providing a return date for a review of the remand order.

“No person should be remanded without having his day in court – without being charged to court.

“And courts that have no jurisdiction should end the practice of granting indefinite remand.”

Osigwe called on the CJs to direct magistrates not to remand any suspect without charging them to court.

He also urged victims of unjust remand to seek redress in court, adding that NBA lawyers would be willing to offer pro bono services to support them.

“Naturally, they should be able to sue the state for detaining them without trial,” Osigwe advised.

“And it is for their lawyers to make a decision; we can’t go out because it is against our rules of the profession to instigate people to go to court, but where people feel aggrieved and want to approach lawyers, many NBA lawyers are willing to offer pro bono services,” he said.

Osigwe further stated that the NBA was working to promote peace and security in the south-east, through constructive engagement with relevant agencies, and advocacy.

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