RULAAC commends FCT Police commissioner for strengthening due process in policing
The Rule of Law and Accountability Advocacy Centre (RULAAC) has commended the Commissioner of Police, Federal Capital Territory (FCT) Command, CP Ahmed Sanusi, for directing police officers to strictly observe constitutional and legal safeguards governing the arrest and detention of suspects.
A statement by Executive Secretary Okechukwu Nwanguma praised the Commissioner’s directive that officers must not keep suspects in custody beyond the constitutionally permitted period without obtaining the necessary court authorisation, and that investigations and case files must be completed promptly.
RULAAC particularly welcomes the directive on the proper documentation of confessional statements, including video recording where necessary, as well as ensuring that detainees have access to lawyers, family members and necessary medication. According to RULAAC, these safeguards are essential to preventing torture, coercion, forced confessions and other forms of abuse in police custody.
The organisation also commends CP Sanusi for warning officers against the irresponsible practice of keeping suspects in detention for several days without charging them to court, while assuring officers who perform their duties lawfully that they will receive the support and protection of the Command.
Nwanguma says CP Sanusi’s position is consistent with the kind of professional, accountable and human-rights-compliant policing envisaged by the Constitution, the Police Act 2020 and other relevant laws.
Nwanguma, said: “I have known and interacted with CP Ahmed Sanusi from his days as Officer-in-Charge of SARS at the Lagos State Police Command, when I was National Coordinator of NOPRIN and later in my early days at RULAAC. I therefore know his commitment to professional and accountable policing, and his openness to reform.”
Nwanguma said the Commissioner’s current position is therefore not surprising, describing him as “one of the very fine police officers genuinely committed to professional and accountable policing and amenable to reform.”
“Officers like CP Sanusi give us hope that police reform is possible. If the Police Act 2020 is faithfully implemented, if the Nigeria Police Force is appropriately decentralised in accordance with the Act, adequately funded, and its personnel properly trained, equipped and motivated, the NPF can become an efficient, professional and accountable institution that enjoys public trust,” he said.
RULAAC welcomes the Commissioner’s insistence on obtaining court authorisation where detention beyond the constitutionally permitted period is legally necessary. However, the organisation emphasises that the procurement and issuance of such orders must itself strictly comply with the Administration of Criminal Justice Act (ACJA), the Constitution and other applicable laws.
A court order extending detention must not become a mechanism for circumventing constitutional safeguards or legitimising arbitrary and prolonged detention.
RULAAC is particularly concerned about reports of a disturbing practice in some jurisdictions in which corrupt police investigators allegedly work with compromised magistrates to obtain irregular or questionable detention orders, sometimes without adequate judicial scrutiny of the facts and circumstances of individual cases.
Of even greater concern are reports that some police units allegedly have pre-issued or standing detention warrants obtained from magistrates with whom they have developed improper relationships, which are subsequently used to justify the continued detention of suspects.
If established, such practices represent a serious abuse of both police and judicial processes and undermine the very purpose of judicial oversight.
RULAAC therefore urges police investigators and judicial officers to ensure that every application for extension of detention is case-specific, properly supported by evidence and the circumstances of the particular investigation, subjected to genuine judicial scrutiny, and determined strictly in accordance with the law.
There must be no such thing as a blanket, pre-issued or standing warrant authorising the police to detain persons who have not yet been brought before the issuing court for proper consideration of the circumstances of their detention.
Judicial oversight must be real, independent and effective. A detention order obtained through collusion, deception or without proper judicial scrutiny cannot legitimately be used to sanitise an otherwise unlawful detention.
RULAAC calls for appropriate oversight of the issuance and use of detention orders, including proper documentation, periodic review and accountability for any police or judicial officer found to have abused the process.
RULAAC calls on the Inspector-General of Police and other Police Commands and formations across the country to emulate and cascade this initiative throughout the Nigeria Police Force.
The principles contained in CP Sanusi’s directive should not remain an isolated practice within the FCT Command. They should become a standard operational practice across all police commands, formations, units and detention facilities nationwide.
RULAAC particularly urges the Inspector-General of Police to consider issuing a Force-wide directive incorporating these safeguards and establishing effective mechanisms for monitoring compliance.
It said such a directive should cover, among other things:
– strict compliance with constitutional and statutory limits on detention;
– prompt investigation and completion of case files;
– lawful and transparent applications for extension of detention where permitted by law;
– access of detainees to lawyers and family members;
– access to necessary medication and medical care;
– proper documentation and, where appropriate, video recording of confessional statements;
– regular inspection and documentation of police detention facilities; and
– prompt investigation and disciplinary action against officers who violate these safeguards.
RULAAC also calls on judicial authorities to ensure that magistrates and other judicial officers exercise genuine and independent scrutiny when considering applications for detention extensions. The judiciary must not become a rubber stamp for police requests for prolonged detention.
RULAAC emphasises that commendable directives must be translated into institutional practice and sustained accountability. The FCT Command should therefore ensure continuous training, supervision and monitoring to ensure that compliance does not depend solely on the personality or directives of a particular Commissioner of Police.
“At the same time, police officers who comply with the law and respect the rights of suspects should receive the institutional support and protection promised by the Commissioner,” it said.
RULAAC believes that CP Sanusi’s directive provides an important opportunity to demonstrate that policing and respect for human rights are not competing objectives. Lawful, professional policing is the foundation of effective policing and public trust.
The organisation commends CP Ahmed Sanusi and the FCT Police Command for this important initiative and urges the IGP, Police Commands and formations nationwide to emulate, replicate and cascade these measures across the Nigeria Police Force.
