Borno Lawyer Names Police Commanders Behind Alleged Illegal Mass Detentions
A constitutional and human rights lawyer, Hamza Dantani, has written to Borno State Governor, Professor Babagana Umara Zulum, raising serious concerns over alleged police brutality, arbitrary arrests, and unlawful detention of citizens in the state.
In his letter, Dantani accused specific units of the Nigeria Police Force operating in Maiduguri of engaging in gross violations of constitutional rights and due process.
He mentioned the Commander of the Rapid Response Squad (RRS), ACP Babalolo Adioye, and the Officer-in-Charge of the Cracks Unit, ACP Mohammed Ibrahim, as being at the centre of the alleged abuses.
According to the lawyer, “citizens are being picked up randomly in Maiduguri metropolis without any reasonable suspicion of committing a crime. Instead of being taken before a competent court of law as the Constitution demands, many of them are being transferred to Tandari, a juvenile facility, where they are detained unlawfully without any valid court order.”
Dantani lamented that the arrests were often arbitrary, targeting individuals going about their lawful business who suddenly find themselves linked to alleged offences they know nothing about.
This practice he said, “not only undermines the rule of law but also erodes the trust and confidence of the public in both law enforcement and government institutions.”
Citing provisions of the 1999 Constitution (as amended), the lawyer reminded the governor that Section 35(1) guarantees every Nigerian the right to personal liberty, while Section 35(4) makes it mandatory that anyone arrested must be brought before a court of law within a reasonable time.
He stressed that “reasonable time” is explicitly defined by the Constitution under Section 35(5) as 24 hours where a court is located within a 40-kilometre radius, and not more than 48 hours otherwise.
“Virtually every police division in Maiduguri is within a 40-kilometre distance of a court of competent jurisdiction, yet , the police continue to ignore this safeguard, subjecting innocent citizens to prolonged and illegal detention,” he said.
Dantani stressed that neither the governor nor any executive authority has the constitutional power to order citizens’ detention in remand homes, juvenile facilities, or any other holding centres without a valid court order.
He cited the landmark case of Military Governor of Lagos State v. Ojukwu (1986) 1 NWLR (Pt. 18) 621, where the Supreme Court held that legality of government actions must be determined by independent judges, not by executive directive.
On the specific issue of Tandari (Remand Home) in Maiduguri, Dantani expressed shock that the facility, intended for children, was turned into a detention camp for adults and minors alike.
He reminded the governor that Nigeria’s legal framework for remand homes is anchored in the Children and Young Persons Act, the Child Rights Act 2004, and the Borstal Institutions and Remand Centres Act. These laws, he said, provide strict procedures for handling children in conflict with the law and categorically forbid detention without a valid remand order.
“Remanding any child without a subsisting court order is a gross violation of their rights to liberty and dignity as guaranteed under the Constitution and the Child Rights Act 2004, which has been domesticated in most states, including Borno,” he wrote.
The lawyer further raised concerns about the location of Tandari. He noted that while the remand home is currently situated near Kasuwan Shanu in Gamboru, the previous facility located near Shehu Sanda Kyarimi Secondary School in Customs area has been converted into a rehabilitation centre for repentant Boko Haram fighters.
He described it as “alarming” that ordinary citizens could be detained in facilities associated with terrorism rehabilitation, insisting that such practices violate both domestic law and international human rights standards.
While acknowledging the enormous security challenges Borno faces due to years of insurgency, Dantani urged the governor to resist the temptation of sacrificing constitutional rights in the name of security.
“We commend Your Excellency’s relentless efforts to restore peace and normalcy in Borno State. However, it is trite that he who comes to equity must come with clean hands. A noble end cannot be pursued through ignoble means,” Danladi said.
He appealed to the Governor Zulum to order an immediate halt to arbitrary arrests and unlawful detentions carried out by the RRS commander, the OC Cracks Unit, or any other security personnel in Borno State.
He also urged the governor to ensure the release or proper arraignment of all citizens currently detained at Tandari or other non-custodial centres without valid court orders.
He also urged the Borno state government to reaffirm its commitment to constitutionalism and fundamental human rights, in order to rebuild public confidence in the rule of law.
“The fight against crime and insecurity must not come at the expense of the rights of the very citizens government has sworn to protect. The constitution remains supreme, and its provisions cannot be set aside in the pursuit of expediency,” he concluded.
Borno Lawyer Names Police Commanders Behind Alleged Illegal Mass Detentions is first published on The Whistler Newspaper
