Amnesty International Nigeria has described the continuous detention of a widower, Benard Ogbu, without trial since 2019 as illegal and unconstitutional.
The AI Nigeria’s Country Director, Osai Ojigho, in a statement after PUNCH Metro investigation had revealed that the policeman, ASP Felix Onoja, whom Bernard’s family accused of leading policemen to his residence in Nasarawa State to arrest Bernard, could not confirm if he was alive or dead, demanded his immediate trial.
However, as the police authorities were yet to come out with a position on Bernard’s whereabouts, Ojigho said the widower’s continued detention violated the provisions of the Nigerian constitution as well as international laws on human rights.
The statement read in part, “Amnesty International Nigeria notes that detention without charge or trial is contrary to article 35 of the 1999 Constitution of Nigeria (as amended) which guarantees the right to be brought before a court of law within 24 or 48 hours. It also breaches Nigeria’s international human rights obligations.
“The arbitrary detention of Bernard Ogbu since 2019, and his family not allowed to see him, is a flagrant abuse of the Nigerian constitution, and breach of Nigeria’s obligation under international law which it has subscribed to.
“It is imperative that Nigerian authorities, as a matter of urgency, bring Bernard Ogbu before a court of law and charged with a recognisable criminal offence (without recourse to the death penalty), or immediately released; and that he is given immediate access to his family and lawyers.”
Also reacting, a renowned rights activist, Jiti Ogunye, said the Police Service Commission, the Attorney-General of the Federation, among others, would also be held responsible if the police fail to produce Bernard.
He said, “His detention is illegal and unconstitutional. Section 35 of the constitution guarantees the right to liberty. Also, section 36 guarantees the freedom to fear hearing, which means anybody arrested must be charged to court.
“It is an unjustified detention and they have violated the fundamental right of the suspect to fair hearing and liberty. I call for the release of the person. The police should compensate him and apologise to him for the breach of his fundamental right to liberty.
“But since his whereabouts is not known, then the police, the Police Service Commission, the AGF, and the Ministry of Police Affairs have a case to answer under the law because he was arrested and kept in their custody.”
PUNCH Metro had reported that policemen attached to the defunct Special Anti-Robbery Squad led by Onoja arrested Bernard at his residence in Nasarawa on March 3, 2019.
They subsequently took him to the SARS detention facility around the Abattoir area of Guzape, Federal Capital Territory, where Bernard’s family members said he was last seen.
Bernard’s sister, Comfort, said after seeing her brother once at the detention facility, efforts to see him again since 2019 and to make the police admit his brother to bail or charge him to court proved abortive.
However, during an investigation to ascertain Bernard’s whereabouts, our correspondent visited the SARs detention facility where he met Onoja who could not confirm if the widower was dead or alive.
Asked about Bernard’s whereabouts, he said, “I do not know if he is still alive or dead. The only person that can know this is the person investigating the matter. I was not the one that went to arrest her brother.”
It was learnt that Bernard’s family petitioned the Commander, Intelligence Response Team, Tunji Disu, when they could not get across to him but Disu, when contacted, referred our correspondent to the Force Police Public Relations Officer, Muyiwa Adejobi, for a reaction
Adejobi, when contacted, promised to find out and revert. He had yet to do so as of the time this report was filed.
