Unlawful arrests: CJN orders magistrates to inspect police stations nationwide

The Chief Justice of Nigeria (CJN), Justice Walter Onnoghen, has directed Chief Judges of the 36 States and the Federal Capital Territory (FCT) to order Chief Magistrates to conduct inspection of Police Stations or other places of detention except prisons within their territorial jurisdiction.

The directive is in line with the provisions of the Administration of Criminal Justice Act, 2015, and intended to check complaints of incidents of Police brutality, inordinate arrests, detention and extortion of innocent Nigerians by police nationwide.

A statement by the Senior Special Assistant to the CJN on media , Awassam Bassey, said CJN’s directive is contained in a Practice Direction issued on Wednesday, June 20, 2018 on the Role of Magistrates in Curbing Police Brutality Under the Administration of Criminal Justice Act.

The CJN also directed Chief Judges to set up appropriate mechanisms to ensure compliance with the stated provisions of the Administration of Criminal Justice Act on police brutality and inordinate arrests among others.

Justice Onnoghen said he have observed, and received several complaints of the horrific incidents of police brutality, inordinate arrest, detention and extortion of innocent Nigerians by officers across the country.

The CJN said, “These incidents have assumed frightening proportions in recent times. The Magistrates’ Courts are currently overwhelmed with cases of such brutality, inordinate arrests and detention of citizens.

“As we approach election year, it is imperative that we curb these excesses through the instrumentality of the statutory powers of the courts.”

The Administration of Criminal Justice Act (ACJA) has given Magistrates oversight functions over Police Stations in their Jurisdictions.

Section 34 (1) of the Act states that “ The Chief Magistrate, or where there is no Chief Magistrate within the police division, any Magistrate designated by the Chief Judge for that purpose, shall, at least every month, conduct an inspection of police stations or other place of detention within his territorial jurisdiction other than prison.”

Section 34 (2) further states:”During the visit, Magistrate may:(a) call for, and inspect, the record of arrest;(b) direct the arraignment of the suspect;(c) where bail has been refused, grant bail to any suspect where appropriate if the offence for which the suspect is held, is within the jurisdiction of the Magistrate.”

“In the above, I hereby direct as follows:(1)The Chief Judge of every state of the nation, including the Federal Capital Territory, shall direct Chief Magistrates, and, where there is no Chief Magistrate within the Police Division, designate any Magistrate for that purpose, to, at least, every month, conduct an inspection of Police Stations or other places of detention within his territorial jurisdiction other than prison.

(2) The Chief Judge of every state of the nation, including the Federal Capital Territory, shall put in place appropriate mechanisms to ensure compliance with the above provisions of the Administration of Criminal Justice Act”.