How Courts Closure Aids Human Rights Violations In Nigeria

By Festus Ogun

For close to two months now, courts all over the country are
under locks and keys. On April 6, 2021 judicial workers under the
aegis of Judicial Staff Union of Nigeria (JUSUN) embarked on an
indefinite nationwide strike to push for the implementation of
financial autonomy for the judiciary. It is the Union’s position
that the failure of the authorities to implement financial autonomy
for the judiciary places the executive as the piper’s bearer that
dictates the tune for the judiciary. While the larger populace are
in support of granting financial autonomy for our courts, it
appears that the Governors are not yet prepared for same despite
series of courts judgments declaring their continuous control of
judicial resources as unconstitutional.

Nigeria’s horrific dossier on human rights violations has yet
again been worsened by the lingering courts closure caused
primarily by failure of our leadership to respect the rule of law.
All over the country, the police and other security agencies are
effecting arrests of suspects – justifiably so. Many, however, are
languishing behind bars as a result of the closure of courts; their
bail applications are made impossible. Even those that were
arrested, but were yet to be arraigned, before the strike action
are still in perpetual detention left to their fates. Our police
stations and other detention facilities, put simply, are currently
filled with those arrested over a long time but are kept in dungeon
cells as a result of courts closure.

The prison is not left out. The congested state of our
correctional centres has become worsened by courts closure.
Pre-trial detainees, remanded ‘inmates’ and other prisoners are
left with little or no hope about their liberties despite the
unbearable condition of the system. Many unjustly imprisoned are
made to unnecessarily spend longer days in denial of their sacred
liberties. Ordinarily, their fates are to be determined by court
but the ‘last hope of the common man’ is itself begging for
survival.

Bail is a human right in Nigeria. Bail denials for many and the
prolong incarceration of prisoners – caused by courts closure – are
a gross violation of human rights. Access to justice is the
foundation upon which the safeguard, protection and enjoyment of
fundamental rights is built. The courts closure has hindered access
to justice thereby destroying the very foundation upon which human
rights and civil liberties stand.

Those trapped in unfortunate confinement as a result of the
avoidable strike have been denied their rights to dignity of human
person, personal liberty, fair hearing and other suspects and
prisoners rights enshrined under Sections 34, 35 and 36 of the 1999
Constitution of the Federal Republic of Nigeria, Articles 5, 6 and
7 of the African Charter on Human and Peoples Rights and Articles
3, 9 and 10 of the Universal Declaration of Human Rights, 1948.

Indeed, the lock on courts has greatly affected the
administration of criminal justice. For example, the time frame for
detaining a suspect is 24 or 48 hours. Anything longer than the
time prescribed by law amounts to unlawful detention. It therefore
follows that anyone arrested and detained beyond 48 hours, for any
reason whatsoever, is being held unlawfully. Human dignity is
non-negotiable under any circumstances. This narrative of arbitrary
detention has skyrocketed due to courts closure; police cells are
filled up with detained suspects. And innocent Nigerians are the
real victims.

The attitude of government towards this sad situation is
disturbing. It appears the authorities are hiding under the pretext
of courts closure to violate human rights. This position is
premised on the believe that a government committed to the
safeguard and protection of human right will not allow courts
closure to linger for this long. The authorities have been largely
complacent and it is the more reason why the police waste no time
in citing courts closure as reasons why they keep suspects for as
long as they wish. The liberties of the citizens are now left at
the mercies of callous officers of law. This is unacceptable.

The weaponization of police bail is also a challenge. Generally,
police are empowered to grant administrative bails to those whose
offences are not too serious. While the police easily grant bail,
with little or no condition attached, to the rich and powerful,
they make securing bail for the poor and weak as complex and
difficult like a camel passing through the eye of a needle. This
kind of discrimination is not only unlawful but unprofessional.
Yes, bail is supposed to be free but it is now a lucrative
business. Extortion and corruption are on a spree at our police
stations – aided by courts closure.

In conclusion, I advocate for the immediate resolution of the
crisis. The Governors must be ready to listen to the voice of
reason and implement financial autonomy for the judiciary as a
matter of national urgency. Access to justice is the lifeblood of
any democratic society. This continuous violation must not be
allowed to continue. In the meantime, the authorities must put in
measures to stop the flagrant violations and massive corruption
currently ongoing. The judicious use of police bail should also be
enforced and erring officers should be brought to book. Most
importantly, Magistrates should continually inspect police station
and other detention facilities to grant bail to suspects where
appropriate as envisaged under Section 34 of the Administration of
Criminal Justice Act and various Administration of Criminal Justice
Laws of various states.

Festus Ogun is a legal affairs analyst and
human rights, activist.
festusogunlaw@gmail.com.

By Festus Ogun

For close to two months now, courts all over the country are
under locks and keys. On April 6, 2021 judicial workers under the
aegis of Judicial Staff Union of Nigeria (JUSUN) embarked on an
indefinite nationwide strike to push for the implementation of
financial autonomy for the judiciary. It is the Union’s position
that the failure of the authorities to implement financial autonomy
for the judiciary places the executive as the piper’s bearer that
dictates the tune for the judiciary. While the larger populace are
in support of granting financial autonomy for our courts, it
appears that the Governors are not yet prepared for same despite
series of courts judgments declaring their continuous control of
judicial resources as unconstitutional.

Nigeria’s horrific dossier on human rights violations has yet
again been worsened by the lingering courts closure caused
primarily by failure of our leadership to respect the rule of law.
All over the country, the police and other security agencies are
effecting arrests of suspects – justifiably so. Many, however, are
languishing behind bars as a result of the closure of courts; their
bail applications are made impossible. Even those that were
arrested, but were yet to be arraigned, before the strike action
are still in perpetual detention left to their fates. Our police
stations and other detention facilities, put simply, are currently
filled with those arrested over a long time but are kept in dungeon
cells as a result of courts closure.

The prison is not left out. The congested state of our
correctional centres has become worsened by courts closure.
Pre-trial detainees, remanded ‘inmates’ and other prisoners are
left with little or no hope about their liberties despite the
unbearable condition of the system. Many unjustly imprisoned are
made to unnecessarily spend longer days in denial of their sacred
liberties. Ordinarily, their fates are to be determined by court
but the ‘last hope of the common man’ is itself begging for
survival.

Bail is a human right in Nigeria. Bail denials for many and the
prolong incarceration of prisoners – caused by courts closure – are
a gross violation of human rights. Access to justice is the
foundation upon which the safeguard, protection and enjoyment of
fundamental rights is built. The courts closure has hindered access
to justice thereby destroying the very foundation upon which human
rights and civil liberties stand.

Those trapped in unfortunate confinement as a result of the
avoidable strike have been denied their rights to dignity of human
person, personal liberty, fair hearing and other suspects and
prisoners rights enshrined under Sections 34, 35 and 36 of the 1999
Constitution of the Federal Republic of Nigeria, Articles 5, 6 and
7 of the African Charter on Human and Peoples Rights and Articles
3, 9 and 10 of the Universal Declaration of Human Rights, 1948.

Indeed, the lock on courts has greatly affected the
administration of criminal justice. For example, the time frame for
detaining a suspect is 24 or 48 hours. Anything longer than the
time prescribed by law amounts to unlawful detention. It therefore
follows that anyone arrested and detained beyond 48 hours, for any
reason whatsoever, is being held unlawfully. Human dignity is
non-negotiable under any circumstances. This narrative of arbitrary
detention has skyrocketed due to courts closure; police cells are
filled up with detained suspects. And innocent Nigerians are the
real victims.

The attitude of government towards this sad situation is
disturbing. It appears the authorities are hiding under the pretext
of courts closure to violate human rights. This position is
premised on the believe that a government committed to the
safeguard and protection of human right will not allow courts
closure to linger for this long. The authorities have been largely
complacent and it is the more reason why the police waste no time
in citing courts closure as reasons why they keep suspects for as
long as they wish. The liberties of the citizens are now left at
the mercies of callous officers of law. This is unacceptable.

The weaponization of police bail is also a challenge. Generally,
police are empowered to grant administrative bails to those whose
offences are not too serious. While the police easily grant bail,
with little or no condition attached, to the rich and powerful,
they make securing bail for the poor and weak as complex and
difficult like a camel passing through the eye of a needle. This
kind of discrimination is not only unlawful but unprofessional.
Yes, bail is supposed to be free but it is now a lucrative
business. Extortion and corruption are on a spree at our police
stations – aided by courts closure.

In conclusion, I advocate for the immediate resolution of the
crisis. The Governors must be ready to listen to the voice of
reason and implement financial autonomy for the judiciary as a
matter of national urgency. Access to justice is the lifeblood of
any democratic society. This continuous violation must not be
allowed to continue. In the meantime, the authorities must put in
measures to stop the flagrant violations and massive corruption
currently ongoing. The judicious use of police bail should also be
enforced and erring officers should be brought to book. Most
importantly, Magistrates should continually inspect police station
and other detention facilities to grant bail to suspects where
appropriate as envisaged under Section 34 of the Administration of
Criminal Justice Act and various Administration of Criminal Justice
Laws of various states.

Festus Ogun is a legal affairs analyst and
human rights, activist.
festusogunlaw@gmail.com.