The Nigeria Bar Association has called for the release of terror suspects in State Security Service [SSS] facilities for onward transfer to the police for prosecution. The NBA President Okechukwu Wali SAN who gave made this submission today at a roundtable to commemorate the International Human Right Day insisted that the law empowered only the police to prosecute terror suspects.
?Nothing therefore justifies the detection of insurgents by agencies not empowered to detain them. Nothing justifies the refusal of the said agencies to hand over the insurgents to the Nigerian Police Force. And nothing justifies the Nigerian Police In joining other security agencies in detaining insurgents without trial.
?Nothing justifies the holding of persons suspected of having committed a criminal offence without trial. After all, section 36 of the Constitution of the Federal Republic of Nigeria provides that every person who is charged with a criminal offence shall be presumed to be innocent until he is proved guilty. Our country must at all times be a country founded on the rule of law and due process. We therefore urge all security agencies holding persons in their custody to transfer such suspects to the Nigerian Police Force for prosecution.? He said
The State Security Service has in recent times been involved in arresting,investigating and prosecuting of suspects linked to the spate of bombings in
the country. The NBA said, it violates the provisions of the 1999 constitution especially as most of the terror suspects are detained beyond
the stipulated period.
It then suggested that the amendment process of the terrorism actshould not be used as an excuse for other security formation rather than
police to prosecute terror suspects.
The Nigeria Bar Association also wants the Attorney General of the Federation to compile the names of all terror suspects in detention and should be given their due process rights.
?We also urge the learned Attorney General of the federation to compile the names of all persons in detention on terror related activities and such persons should be given their due process rights. We believe that it is a lame excuse to pretend that these categories of persons are being detained in anticipation of an amendment to the Terrorism Act. Such an amendment if passed can never take a retrospective effect. ?
The theme for this year’s international human right day is participation and inclusion.
