The Office of the Human Rights Institute of the Nigerian Bar Association strongly condemns the shocking and unlawful detention of Mr. Ephraim Udo, a 29 year old tricycle operator, who was reportedly incarcerated for four years without trial and any formal charge against him. His incarceration was indeed under circumstances that represent a grave abuse of power and a blatant violation of his fundamental human rights.
The facts, as revealed during the Chief Judge of Akwa Ibom State, Hon. Justice Ekaette Obot jail delivery excercise present a deeply troubling picture.
Mr. Ephraim Udo had a relatiinship with a Policewoman daughter, which produced two children and they were making arrangements for their marriage but the mother refused him from marrying the daughter claiming that he was not in the class of persons she expects to be her in – law. Thus, she use her authority as Police officer and connived with the officers of the Correctional Centre in Akwa Ibom State and lucked him up in prison custody for four years without a formal charge in any court of law.
A citizen of this country was deprived of his liberty, not by the order of a competent court of law but at the instance of an individual who wielded state power for personal purposes. This is unacceptable and it strikes at the very foundation of the rule of law.
Let it be clearly known that under the Constitution of the Federal Republic of Nigeria, no individual has the authority to detain another in prison or correctionak centres except in accordance with due process of law. The power to order detention resides only with a court of competent jurisdiction namely, a judge or magistrate after proper legal proceedings. Any deviation from this principle is unlawful, unconstitutional, and intolerable in a democratic society.
The detention of Mr. Udo for four years without a firmal charge or trial represents a gross violation of his fundamental rights, including but not limited to his right to personal liberty, right to fair hearing, and right to dignity of the human person. Beyond the legal implications, this act has caused irreparable damage to his life, his family, and his livelihood. Grave losses that can never truly be restored.
The Human Rights Institute emphasizes that justice in this matter must go beyond his release. While we commend the Chief Judge for her swift intervention in ordering Mr. Udo’s unconditional freedom, this alone is insufficient. Those responsible for this conspicuous abuse must be identified, investigated, and prosecuted in accordance with the law.
We therefore call for:
1. A full and independent investigation into the circumstances surrounding Mr. Udo’s unlawful detention.
2. The immediate suspension and prosecution of every officer found culpable.
3. Adequate compensation for Mr. Udo for the violation of his rights and the years unjustly taken from him.
4. Institutional reforms within law enforcement agencies to prevent a recurrence of such abuses.
The Human Rights Institute stands ready to ensure that justice is served. We will pursue all legal avenues to hold the perpetrators accountable and to secure redress for the victim. We want to ensure that the rights of every single Nigerian is safeguarded.
Holding those responsible accountable will send a clear and unequivocal message that abuse of power will not be tolerated under any circumstances. It will also serve as a necessary deterrent to others who may contemplate similar violations in the future.
Our country, Nigeria is governed by laws. Clear and strict laws that protect its citizens. No citizen should ever again suffer such grave injustice.
Sabastine Anyia LL.M
NBA 1st Vice President &
Chairman NBA Human Rights Institute.
