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MRS. Juliana, a 35 years old house wife, with six months pregnancy was recently arrested by the police. It was alleged that her husband, James, a road side-mechanic was using police uniform to commit crime, but before the police could arrest James, he quickly jumped through the fence, and could not be traced. Instead, his wife Juliana, was arrested with her six months old pregnancy, and was thrown behind the bars.

Juliana, a poor innocent house wife was in police custody for two months for an offence she had no knowledge of until she gave birth while in detention. However, the child could not survive because, the mother could not attend her ante-natal while in police detention.

Several Nigerians have suffered from police brutality and detention for minor offences that are bailable, police use holding charges, and other security measures to keep suspects behind bar, most especially, the poor masses who could not afford three square meals a day.

While some of those suspects died in police detention, those who survived, and can afford money to bail themselves come out with abnormal behaviour - because of torture, and suffering they went through while in police detention.

The Nigeria Police has portrayed the country’s image in bad light because of the unusual behaviour, while the Government seems not to know.

Expectedly, a suspect could not be kept in detention for more than 24 hours. Barrister Sarki Esq of Nnamonso Ekanem and Co-Chamber, Kaduna, while frowning at the strange behaviour of the police, said a suspect should be prosecuted in the court of law within 48 hours or be granted bail which should not attract any fine on the part of the suspect.

It is widely believed that the police who should protect life and property are rather breaking laws that are expected to safeguard the common man. While it is generally believed that “bail” is free, police had made it compulsory for the suspects to pay certain amount of money depending on the gravity of offence before granted bail. This unusual behaviour of the police authority had made it difficult for poor Nigerian to get out of detention.

Barrister Sarki Sadeeq Esq is of the view that poor people, and illiterates who do not know their rights suffer most in the hands of the police.

Festus Okoye, human rights activist seems to disagree with Barrister Sadeeq – in some aspects. He said, awareness of rights is not sufficient. You may be aware of your rights, you are aware that your rights have been violated but you don’t have the means to defend your right. It is not sufficient for some body to be aware of his or her right. So awareness of right without having the mechanism, and instruments to enforce your right serve no purpose.

Festus Okoye while quoting from the constitution said section 35, sub section 5 of the constitution of Federal Republic of Nigeria makes it clear that any- body who was arrested on penal infringement should be taken to court within a reasonable time. “In the case of an arrest or detention in any place where there is court of competent jurisdiction, within radians of 40 km, the person must be taken to court within a period of one day. In any other case, a period of two days, or such longer period as in the circumstances may be considered by the court to be reasonable”, Okoye said.

Even if the police arrest a person in a place where there is no court of competent jurisdiction, but there is a court, he stressed, is obliged on the police to take the person to that particular court, and it is the responsibility of the court to give the police power to keep the person for a period of two days, or for a longer period as to enable police authority charge that person to a court of competent jurisdiction.

“Section 35 sub section 4 also states that any person who is arrested or detained in accordance with section 35 shall be brought before a court of law within a reasonable time. And if he is not tried within a period of two months, from the date of his arrest or detention, in the case of a person who is in custody is not entitled to bail, or three months from the date of his arrest or detention in the case of person who has been released on bail. He shall without prejudice to any other proceeding that may be brought against him, he should be released either conditionally, or unconditionally or face such conditions as are reasonably necessary to ensure that he attend his trial at a later date,” he quoted.

From this, the constitution is very clear. It clearly specified that the awareness of right is not enough. So, if the police have detained a suspect and say, “activate me rather the suspect must be the one to activate the jurisdiction of the court, for the court to see whether the suspect’s fundamental right has been violated. In Nigeria prisons where the majority are from poor homes, where do you think they source money to finance the case?

The type of offences that rich people commit are completely different from the type of offences that poor people commit. Poor people commit offences such as theft, burglary, and all sort of petty offences; fighting and disturbance of public peace. For the rich people, when you see them facing the law, you may likely find them committing offences such as killing of innocent citizen.

Speaking on detention of a suspect in police custody more than necessary, Division Superintendent of Police, and Force Public Relations Officer, Kaduna Police College, Mathew Uwalaka said, the police up hold the rule of law and due process as no suspect had been kept under police detention for more than 24 hours without been charged to court. DSP Uwalaka said, police had never asked any suspect for any money before bail, adding that “bailing” is free and those under their custody were bailed free of charge.

“We are your friends, we protect lives and property, and so we cannot go against the constitution of this country, most especially as poor people constitute majority of our population, we try to bridge the gap between the poor, and the rich,” he said.

DSP Uwalaka admitted that most cases brought before the police, are rape, stealing of hand – bags, pick pockets which are offences committed by poor people. He said, even if the rich people are involved one way or the other, they try to find their way out at the best possible time above all, the office of the Anthorney General of the Federation has prison congestion mechanism, but it has not been organized systematically in terms of fund been appropriated for it.