WHAT TO DO WHEN YOUR CLIENT IS UNLAWFULLY ARRESTED AND DETAINED. | Bayo Akinlade Esq.

 

Many lawyers don't know what to do when their clients are unlawfully arrested and detained.

Most lawyers quickly jump at filing FHR proceedings but we now see a trend within the courts where these proceedings are no longer regarded and given the attention it requires.

The ACJL of Lagos State and the Magistrate Court laws however, has a few provisions to help in this regard.

Under the ACJL, you may bring an application to produce a suspect in police detention. This will compel the police to bring the suspect before the Magistrate who may grant bail or order an arraignment. This procedure is faster and least expensive.

Do you know it is a criminal act to unlawfully detain a person?

DO YOU KNOW WHAT S.272 & S.275 of the CRIMINAL LAW OF LAGOS STATE STATES?

S.272 - Any person who unlawfully confines or detains another in any place against his will, or otherwise unlawfully deprives another of his personal liberty, commits a misdemeanor and is liable on conviction to imprisonment for 2 years.

S.275 - Any person who being required by Law to:

(a) Keep any record concerning any matter relating to any person in confinement etc but neglects, refuses to give such information is liable on conviction to imprisonment for 3 years.

The problem is not the Law, the problem is the knowledge of the law and how to use it.

There are many ways of ensuring that citizens are protected especially from government agencies who abuse their authority.

Citizens should be aware of their rights and stand to protect these rights.

Bayo Akinlade Esq.

DSN