By Daniel Okonkwo
The foundation of any democratic society is built upon the rule of law, the protection of fundamental human rights, and strict adherence to due process. When these principles are violated—especially by those entrusted with power—it is not merely an affront to justice but a dangerous precedent that threatens the very foundations of society.
By March 15, 2025, several citizens of Anambra State will have spent five weeks in arbitrary detention at a privately controlled facility allegedly operated under the state government’s authority.
These Individuals have not been formally charged with any offense, nor have they been brought before a court of law. Their prolonged and unexplained detention constitutes a grave violation of their fundamental human rights and must be addressed with urgency.
Unlawful detention occurs when a person’s right to personal liberty is restricted without adherence to established legal procedures.
Failure to bring them before a competent judicial authority within the prescribed timeframe and obstruction of their right to challenge the legality of their detention.
The right to liberty and security of the person, including protection from arbitrary arrest or detention, is a fundamental human right enshrined in international law. The Universal Declaration of Human Rights (UDHR), the International Covenant on Civil and Political Rights (ICCPR), and the African Charter on Human and Peoples’ Rights all guarantee the right to personal liberty and protection against arbitrary detention. Article 9 of the ICCPR explicitly states that no one shall be subjected to arbitrary arrest or detention and that anyone deprived of their liberty is entitled to challenge the legality of their detention before a court.
The Nigerian Constitution (1999, as amended) reinforces these principles in Section 35, which guarantees the right to personal liberty and mandates that:
Any arrested or detained person must be informed of the reasons for their detention. They must be granted access to legal representation and they must be brought before a court within a reasonable time.
Any deviation from these constitutional mandates constitutes a heinous violation of human rights.
The United Nations Working Group on Arbitrary Detention has repeatedly affirmed that arbitrary detention occurs when there is no legal basis for the detention and results from the exercise of fundamental freedoms, the right to a fair trial is denied.
However, in the case of these Anambra citizens, not only have their constitutional and international rights been violated, but they have also been subjected to enforced disappearance—a grave crime under international human rights law. Their ongoing detention outside of any legally recognized security institution, such as the Nigeria Police Force (NPF) the Department of State Services (DSS), or other justified security institution, and their confinement in a private facility under state control amount to state-sanctioned human rights violations.
Five weeks, the Anambra State Government has failed to provide any official justification or legal basis for the continued detention of these individuals. This lack of transparency raises serious concerns about due process, accountability, and respect for human dignity.
It is a fundamental principle of justice that the state cannot deprive individuals of their liberty arbitrarily. Even in cases where national security is invoked, detention must be subject to judicial review, and detainees must be afforded the right to a fair trial. The continued silence of the Anambra State Government suggests a willful disregard for legal and constitutional safeguards, reinforcing the perception of state impunity and lawlessness.
Governor Charles Soludo’s administration has made commendable efforts in addressing insecurity in Anambra State, particularly through the Agụnechemba security outfit, which has played a crucial role in restoring order. However, such efforts must align with international human rights standards and constitutional mandates. Security enforcement cannot justify human rights violations—the government must combat criminality without resorting to unlawful detentions, or extrajudicial measures.
As an international human rights advocate, I have consistently emphasized the need for security agencies to operate within the bounds of the law. I have condemned criminal elements operating under the guise of political agitation and encouraged decisive action against security threats. However, the fight against crime must not come at the expense of constitutional rights and the rule of law.
No government—state or federal—should mirror the lawlessness of criminals by resorting to illegal detentions and violations of due process.
The arbitrary detention of these citizens constitutes a flagrant misemploy of power by the Anambra State Government. If these individuals are suspected of any wrongdoing, they must be handed over to legally recognized security agencies for proper investigation and charged to court within the legally stipulated timeframe.
If no credible evidence exists against them, they must be released immediately and unconditionally.
If, on the other hand, these individuals are being detained for rehabilitation purposes, the state government must be transparent about its objectives and provide the legal framework under which such actions are being taken. Secret detentions without legal justification could be seen as forced disappearances and crimes against humanity.
Governance is built on trust, transparency, and the rule of law. That trust is eroded when leaders abandon due process in favor of arbitrary and oppressive actions. No government should be above the law.
I call upon:
Federal Government of Nigeria
The National Human Rights Commission (NHRC)
The Nigerian Bar Association (NBA)
Civil Society Organizations (CSOs)
The international human rights community
To take immediate notice of this abominable violation and demand justice for the affected individuals.
I also urge Governor Charles Soludo to reaffirm his administration’s commitment to democracy, accountability, and human rights by ensuring that his government does not deviate from the path of legality.
Barrister Ifeanyi Ejiofor
In the face of state-sponsored oppression, one man has consistently stood as an obeliscolychny of hope and justice—Barrister Ifeanyi Ejiofor. His unshakeable commitment to human rights advocacy and legal defense of the oppressed has been nothing short of commendable.
Ejiofor has dedicated his legal career to challenging injustices, defending the rights of political detainees, and holding governments accountable for their actions. His plasticity in the fight for due process, transparency, and constitutional rights serves as an inspiration to human rights defenders globally.
At a time when human rights violations are rampant, Ejiofor’s steadfast pursuit of justice is an attestation to the enduring power of the law in protecting the voiceless.
Anambra State must lead by example. Security and justice must go hand in hand. Any deviation from this standard is not only a betrayal of democracy but an assault on the principles of human dignity.
The Nigerian Constitution and international human rights laws must not be disregarded. Citizens deserve to live in a society where their rights are protected, and governance is rooted in justice, impartiality, and straightforwardness.
Justice must prevail and express a hope that fairness and righteousness will ultimately triumph. The rule of law must be upheld. And those unjustly detained must be freed immediately.
Daniel Okonkwo, Profiles International Human Rights Advocate & Journalist
