Legal protection of detainees : a study in Northern Nigerian states

Abstract

Most detainees are vulnerable to abuses, because of their situation of captivity, which detached them from the outside community, and placed them in a condition they cannot help themselves. The aim of domestic and international laws is the humane treatment and respect for the dignity of persons deprived of their liberty; their rights must be protected and upheld at all times. Human beings by virtue of their humanity, have the right to life, personal liberty and dignity to human person. Detention is the deprivation of one’s liberty by taking him into custody either for interrogation or as a punishment for crime. Protection of detainee’s rights has been an issue of global concern, and several instruments; Conventions and Resolutions are passed to that effect. Accordingly, Nigeria is a signatory to major international human rights Instruments protecting the rights of detainees; hence, it has an obligation to protect these rights by ensuring effective and independent investigations into cases of violation of rights; by punishing perpetrators of such violations to serve as a deterrent and forestalling further violation of detainees’ rights. Detainees and victims of violation of rights need to be informed of their rights and possible remedies in cases of violations under the law. However, abuse on the rights of detainees in Northern Nigeria has been on the increase due to the on-going operations by security agencies in fighting the Boko Haram insurgency in the region. This research examines the situation and plight of detainees in states affected by the insurgency, vis-à-vis the violations of rights that occurred. Several methodologies were used in carrying out this research. Doctrinal methodology was employed to analyse the position of the principles of law. Non-doctrinal methodology was also used to investigate the application of the laws that protect the rights of detainees and the challenges of implementing these laws. The findings of this research reveals that violation of rights of detainees are prevalent in states affected the insurgency and the emergency rule proclamation. It further reveals that the violators are never investigated or punished for their atrocities. The research suggested remedies under Nigerian laws, as well as effective enforcement of such remedies. Although, the remedies are available and adequate under the laws, the enforcement has been the major challenge faced by victims of human rights violations in Nigeria, despite the grant of orders by courts for such remedies. Independent and effective judiciary that can enforce its judgment is necessary to address cases of violation of detainees’ rights in Northern Nigeria.