It Is Illegal To Own And Run Detention Centers In Palaces, Schools, Religious Centers, Estates And Homes. Daily Law Tips (Tip 465) by Onyekachi Umah, Esq., LLM. ACIArb(UK)
Detention centers are only to be kept by security agencies having powers to arrest and detain. Private persons and institutions as well as government agencies that have no right to arrest and detain cannot establish, own, run and maintain detention centers in Nigeria.
Although a private person has powers to arrest, he must arrest and handover arrested person to police or any security officer/agency. By the way, a private person can only arrest over offences that the police can arrest a person for without a warrant of arrest. By the law, there is no room for a private person to arrest and detain. If you must arrest you must handover immediately to a security agency/officer. So, a private person has no rights to own and run “guard rooms”, “cell”, “detention centre” or any place for detention of any person for any reason. It is a serious violation of human rights, for a private person to arrest and detain any person.
References;
Sections 14, 20, 23(1), 494 and 495 of the Administration of Criminal Justice Act, 2105 and other similar laws across States in Nigeria. And, sections 35, 318 and 319 of the Constitution of the Federal Republic of Nigeria, 1999.
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Feel free to reach the author, ask questions or make inquiries on this topic or any other legal issues via onyekachi.umah@gmail.com or +2348037665878.
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