The Human Rights Writers Association of Nigeria (HURIWA) has called upon the Lagos State Police Command and the Director of Public Prosecution in the state to take the appropriate legal action in the case involving the well-known musician, Naira Marley, in connection with the untimely death of Mohbad, or release him without conditions if no charges are to be filed against him.
The organization criticized the police for infringing upon the constitutional rights of the musician and other individuals who were apprehended and placed in custody without undergoing due legal proceedings in a competent court of law.
HURIWA pointed out that the 1999 constitution explicitly stipulates that individuals who have been arrested or detained should be presented before a court within a “reasonable time.”
As per the group’s interpretation, a “reasonable time” translates to 24 hours when a court with proper jurisdiction is situated within a 40-kilometer radius of the police station, or a period of two days in other circumstances.
Referring to Section 61(1) of the Nigeria Police Act 2020, which, according to the organization, aligns with the guidelines set out in Section 35(4) of the 1999 constitution, they emphasized that a person apprehended without a court-issued warrant for anything other than a capital offense should be eligible for release on bail when it is not feasible to arraign them in court within 24 hours.
“Consequently, the detention of arrested suspects for more than 48 hours without being charged to court is against the provisions of the constitution,” it argued.
HURIWA, in turn, supported the stance of Miss Shubomi, the sister of the musician facing challenges, who voiced her strong displeasure at her brother’s confinement, deeming it a violation of his human rights.