Nigeria: Detainment of Ibezim Unlawful

The arrest and detention of a Nigerian entrepreneur, Chike Ibezim, by the Nigerian police has raised concerns over human rights violations and disregard for the rule of law.

Development Diaries reports that Ibezim was arrested on 10 August following a petition by former Minister of Works, Babatunde Fashola.

Fashola had written a petition against ReporteraNG, Yoruba Sheik and Jackson Ude over a libelous publication against him.

Findings by Development Diaries however show that the arrested party was not included in the petition. Why then did the police arrest Ibezim?

Section 36 of the Nigeria Police Act 2020 states that a person shall not be arrested in place of a suspect. This is in line with section seven of the Administration of Criminal Justice Act (ACJA) 2015.

But the police, in a statement, said the arrest of Ibezim is on legal grounds.

‘In this case, a court order was obtained following a thorough investigation, which established an indictment on Mr Chike, who has given useful information and is assisting the police in the course of their investigation’, the police said in a statement.

If this is the case, the police should then take further steps by publishing the court order officially stating his offences and proceeding to charge him in court.

Section 35, subsection four of the Nigerian constitution also provides that persons arrested or detained shall be brought before a court within a ‘reasonable time’.

To this end, the arrest of Ibezim is a violation of section 36 of the Nigeria Police Act 2020, and his continuous detention violates section 34 of the 1999 constitution.

Development Diaries, therefore, calls on the Nigerian police to investigate this matter in line with the provisions of the country’s laws and immediately release Ibezim, who has been detained without charges for nearly one month.

Photo source: Chike Ibezim

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