By Funmilayo Olagunju
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Right to personal liberty of a citizen is a constitutional right guaranteed by virtue of Section 35 of the 1999 Constitution of the Federal Republic of Nigeria as amended. The legal restriction to this right shall be in accordance with a procedure permitted by law.
The Nigerian correctional services is established for the Federation to provide custodial and non-custodial services. Persons awaiting trials and sentenced offenders are lawfully detained by Nigerian correctional services. It shall be unlawful for a private person, religious organization or institution to maintain a detention camp or center where individuals are detained against their wish.
Deprivation of liberty is an offence by virtue of Section 365 of the Criminal Code Act which provides:
“Any person who unlawfully confines or detains another in any place against his will, or otherwise unlawfully deprives another of his personal liberty, is guilty of a misdemeanor, and is liable to imprisonment for two years”
The detainment of creditors by debtor in the office premises of the debtor or any other premises is unlawful. Indebtedness is a civil action and it is unlawful to use Police to recover debt or instigate arrest for purpose of debt recovery without any criminal element.
Section 35(6) of the Constitution provides remedy for unlawful detention:
“Any person who is unlawfully arrested or detained shall be entitled to compensation and public apology from the appropriate authority or person; and in this subsection, “the appropriate authority or person” means an authority or person specified by law”
Religious or social organizations interested in rehabilitation of offenders can apply to Nigeria correctional services for visitation rather than setting up an unlawful private detention in furtherance of “training” or indoctrination of good behavior.
“Continue to remember those in prison as if you were together with them in prison, and those who are mistreated as if you yourselves were suffering”
Hebrews 13:3
