Arbitrary Detention: Judge directs National Assembly to amend Administration of Criminal Justice Act

Justice Ambrose Allagoa of a Federal High Court, Ikoyi, Lagos, last Friday directed the National Assembly to amend Section 438 of the Administration of Criminal Justice Act (ACJA) which allows the Attorney General of the Federation (AGF) and Minister of Justice to detain certain persons.

The court decided after entertaining arguments from Mrs Funmi Falana.

Justice Allagoa in his decision held that Section 438 of the Administration of Criminal Justice Act (ACJA) “Is a violation of the fundamental right of Nigerians to liberty guaranteed by Section 35 of the Nigerian Constitution 1999 [as amended] and Article 6 of the African Charter on Human and Peoples’ Rights (ACHPR)”.

The judge equally declared that Section 438 of the Administration of Criminal Justice Act (ACJA) “Is a violation of the fundamental right of Nigerians to fair hearing guaranteed by Section 36 of the Nigerian Constitution 1999 [as amended] and Article 7 of the African Charter on Human and Peoples’ Rights (ACHPR)”.

In the suit filed on behalf of Femi Falana (SAN), the applicant contended that “Section 438 of the Administration of Criminal Justice Act empowered the Attorney General of the Federation to arrest and detain any person at will without recourse to the letters and dictates of the Nigerian Constitution which is the grundnorm”.

It was further the argument of the applicant that “Section 438 of the Administration of Criminal Justice Act (ACJA) is Draconian, vests too much power in the Attorney General of the Federation and a usurpation of the power of the judiciary”.

In his argument, the applicant stated, “The section also deprives any person of the constitutional rights to liberty and fair hearing given to anyone who has committed an offence by going through the judicial process.

“The section is against the principle of separation of powers as enshrined in the Nigerian Constitution”.

Justice Allagoa also threw out the preliminary objection by the National Assembly, which had stated that the court lacked the jurisdiction to entertain the suit, being a suit without a cause of action against the defendant.

Counsels that represented the National Assembly are Mrs Bassey Emmanuel. J. Ntuk, Henrietta Emedem, and Jenyap Buenyen.

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