Human rights lawyer, Femi Falana (SAN), has condemned the prolonged detention of a medical doctor, Dr Kenneth Nwafor, describing his incarceration for more than three years without trial as a grave violation of Nigeria’s Constitution and other extant laws.
Falana spoke in Lagos during a visit by members of the Uturu Development Association of Nigeria (UDAN) Worldwide, who had sought his intervention in the case. He said Nwafor’s detention breached provisions of the Constitution and the Administration of Criminal Justice Act (ACJA), which guarantee personal liberty, access to legal counsel and judicial oversight.
According to Falana, the doctor, a first-class graduate and lecturer at Abia State University, was arrested on July 29, 2022, and held in custody without formal charges, trial or access to family members and lawyers. “Under Nigerian law, you cannot keep a citizen in detention for such a long period without trial or access to a lawyer,” he said.
The senior advocate noted that the law requires arresting authorities to inform suspects of the reasons for their arrest and their right to remain silent and seek legal representation. He added that confessional statements must be video-recorded to prevent coercion and abuse.
Falana also criticised the practice of extorting money from detainees, stressing that bail is free under Nigerian law. “Nobody is permitted to demand money for bail. Any officer who does so is acting outside the law,” he said.
He announced plans for a nationwide rights-awareness campaign, including regular visits by lawyers to police stations to monitor detentions and provide free legal assistance where necessary. He urged citizens and communities to report abuses by security agencies and defend fundamental rights collectively.
Earlier, UDAN leaders thanked Falana for securing Nwafor’s release, describing his intervention as instrumental in restoring the doctor’s liberty and public confidence in the justice system. They also appealed for assistance to secure the release of another indigene, Mr Nduka Onyeani, who was arrested on the same day and remains in detention.
Narrating his ordeal, Nwafor alleged that operatives of the Department of State Services arrested him at his home in the early hours of July 29, 2022, subjected him to ill-treatment and later transferred him to detention facilities in Abuja and Niger State. He denied allegations linking him to the proscribed Indigenous People of Biafra (IPOB).
The case has renewed calls by rights advocates for stricter adherence to due process and an end to prolonged detention without trial in Nigeria.