A Federal High Court sitting in Lagos has ordered the national assembly to amend section 438 of the administration of criminal justice act (ACJA).
The section permits the attorney general of the federation (AGF) to detain certain persons.
Ambrose Alagoa, the presiding judge, gave the order last Friday, according to a statement issued by Tayo Soyemi for Falana and Falana chambers.
The statement which was issued on Sunday, said Funmi Falana, a legal practitioner and women’s rights activist, argued on behalf of Femi Falana, a senior advocate of Nigeria (SAN).
The applicant described section 438 of the ACJA as draconian and argued that the law vested too much powers in the AGF.
The suit added that the law in question usurped the powers of the judiciary and deprives people of the constitutional rights to liberty and fair hearing.
“The section is against the principle of separation of powers as enshrined in the Nigerian constitution,” the suit added.
The national assembly had objected to the suit, arguing that “the court lacks the jurisdiction to entertain the suit, being a suit without a cause of action against the defendant”.
However, the preliminary objection was dismissed.
Section 438 of the ACJA provides that: “(1) Where a person is ordered to be detained in a safe custody or suitable place other than prison or mental health asylum, he is, notwithstanding anything in this Act or conditions attached to detention in a safe in any other law, liable to be detained in a prison or asylum or such other place as provided under this Act or any law as the attorney-general of the federation may direct and whilst so detained shall be deemed to be in legal custody”.
Section 448(2) provides: “A person detained in a safe custody or suitable place other than prison or mental health asylum may at any time be discharged by the attorney-general of the federation on licence”.
Under section 438(3): “The attorney-general of the federation may at any time revoke or vary a licence and where a licence has been revoked, the person to whom the licence relates shall proceed to such place as the attorney-general of the federation may direct and if he fails to do so may be arrested without warrant and taken to the place”.