BY MIKE ANYADIEGWU, PhD.

The powers of the police and other law enforcement agencies to arrest and detain criminal suspects are regulated by law. However, in many cases, these agencies abuse their powers. There are many cases of wrongful arrests and prolonged pretrial detention. Detainees are often denied access to legal representation. The right to a fair trial within a reasonable time is usually violated. This has resulted in the loss of public confidence in arresting authorities and criminal justice administration. Some detainees are tortured and extra judicial killings also occur.

The abuse of power thrives because there is little scrutiny of law enforcement decisions to arrest and detain and few officers are held accountable for thier actions. This has contributed to the poor public perception of the police and other arresting authorities, undermining the administration of criminal justice. In October 2020, mass protests organized under the hashtag #EndSARS# raged for weeks, demanding the dissolution of the Nigerian Police special Anti Robbery Squad over gross abuse of thier powers including extortion, torture and extra judicial killings. The same year the National Human Right Commision (NHRC) recorded 41,040 complaints of unlawful arrests and detention against law enforcement agencies.

Administration of Criminal Justice legislation at federal and state levels responded to this serious issue by creating a scheme for the judicial oversight of detention. Magistrates are obligated to periodically inspect detention facilities to scrutinize records , ask questions and ensure that detention practices comply with constitutional and international standards for the treatment of persons in custody. See Sec 70 (3) of ACJL 2022 Anambra State. Sub (4) of the aforestated law provides that the designated magistrate may take any of the following actions. He may examine records of arrest, examine records of bail, including bail requests or applications and decisions on them, direct quick arraignment or may grant bail to the suspect.

It is to be noted by visiting magistrates that this is not an avenue for judicial rascality. The power granted shall not be abused because most of the suspects who were tracked by police on serious offences shall not be granted bail since the proper thing is to order for their arraignment in court. The visiting magistrates is not there to sabotage the effort of police in fighting crime because no body is safe if u release a recidivist in custody. Police Act 2019 has an equivalent provisions. See sec 70 of Police Act 2019 which also provides that the magistrate so designated by the Chief Judge shall at least every month conduct an inspection of police stations or other places of detention within his territorial jurisdiction other than the prison.

It provides further that during such visit the magistrate may call for, and inspect the record of arrest , direct the arraignment of such suspect, where bail has been refused, may grant bail to suspect where appropriate if the offence for which the suspect is being detained is within the jurisdiction of the visiting magistrate. Take note that the section made it mandatory for the officer in charge of the police station to avail the magistrate with list of those in his custody and failure to do that will be treated as a misconduct which will attract a disciplinary action under the Police Act rules and regulations. The Chief judge of Anambra State, Hon Justice O M Anyachebelu, desirous of full implementations of the law on visit to place of detention has designated some Magistrates to embark on such exercises and file report of action taken by such Magistrates during such visit.

What Are The Benefits Of Visit To Places Of Detention By Designated Magistrates

(1) Visit to place of detention will reduce the number of unlawful arrests and detention. The knowledge that judicial officers can visit the place of detention at any time can propel positive attitudinal and behaviorial changes in police stations.

(2) Because of possible visit by designated magistrates there is likely to be a reduction in the number of those in custody because the visiting magistrates can grant bail, order for arraignment of the suspect, make order for the defendant to be brought to court for pre-detention order in the Prison and may make an order of release or discharge which can only be exercised in clear cases where no criminality has been disclosed. Eg where a person was arrested and detained in lieu of another or on purely civil wrong or for no known offence like a case where 2 defendants were arrested and detained because they urinated in a place where the landlord wrote that defaulters will pay #50,000. When they refused they were detained by police upon the compliant of their landlord that the #50,000 must be paid before their release by police.

(3) It will increase professionalism in the way arresting officers treats those in conflict with the law.

(4) It shows expanded access to legal aid , pro Bono lawyers through the police Duty Solicitor Scheme (PDSS) and other legal aid scheme. This can be achieved when lawyers from the PDSS or other legal aid Schemes collaborate with visiting Magistrates to follow up and ensure compliance with their directives.
Building A Partnership With The Bar Association

Sometimes, a visiting magistrate may need lawyers on his visit to place of detention. These are lawyers who offer their services under a pro Bono legal assistance programme. eg Police Duty Solicitor Scheme. The Practice assists detainees to assess legal service get their relative to come over to stand as sureties since such a visit is usually unscheduled visit and more often than not sureties are hardly on ground to perfect the bail. Leaving the whole Duty on a visiting magistrate will not be proper since a court is not there to offer legal or any other assistance to a detainee.

Though ACJL requires police officers to inform detainees of their right to legal representation, lawyers who form part of the visit must not interfere with the process – and shall allow the magistrate to conduct the interview and make necessary order as the case maybe. The role of PDSS or pro bono lawyers is that of an observer and to lend legal assistance in order to realize the full objective of the exercise. They are not there to apply for bail of any defendant because such place is not a regular court for advocacy. They are expected like an observer to ensure that order made by the visiting magistrate is carried out.

• Dr. Anyadiegwu is with the Chief Magistrates Court at Awka, Anambra State.

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