Media360impact
A constitutional democracy cannot function when citizens disappear into custody without explanation.
Yet across Nigeria, reports of arrests carried out by unidentified armed operatives in unmarked vehicles continue to raise serious concerns about respect for the rule of law, human rights and public confidence in security institutions.
Whether the person involved is a journalist, activist, politician or ordinary citizen, every arrest must follow due process. Families should know where their loved ones are. Lawyers should have prompt access to detainees. Arresting officers should identify themselves, and the agency responsible should acknowledge custody without unnecessary delay.
Anything less weakens the very principles that democracy seeks to protect.
The recent detention of investigative journalist Stanley Ugagbe of SecretsReporters has once again brought these issues into national focus.
According to information made public by the media organisation, Ugagbe was taken into custody in Abuja after publishing an investigative report concerning Emem Usoro, a Deputy Governor of the Central Bank of Nigeria. The organisation stated that for several days, neither his family, colleagues nor legal representatives had access to him, while uncertainty surrounded the circumstances of his detention.
Whatever allegations may exist against any individual, the Constitution provides a clear framework for lawful arrest and detention.
Section 35 of the Constitution guarantees the right to personal liberty and requires that arrested persons be informed of the reasons for their arrest and brought before a competent court within the constitutionally prescribed period. Section 36 guarantees fair hearing and access to legal representation, while Section 39 protects freedom of expression, including press freedom.
These constitutional safeguards exist to prevent arbitrary detention and abuse of power.
Journalists perform an essential role in every democratic society. Through investigative reporting, they expose corruption, examine public spending and hold public officials accountable.
When journalists begin to fear that legitimate reporting could result in prolonged detention without access to lawyers or family members, the consequences extend beyond the media. Public accountability itself becomes weakened.
The issue also carries wider security implications.
Nigeria continues to battle kidnapping, banditry and violent crime. Security agencies regularly advise citizens to remain vigilant against suspicious vehicles and unidentified armed men. When lawful arrests are conducted in ways that resemble criminal abductions, public trust in legitimate law enforcement suffers, while criminals may find it easier to impersonate security operatives.
Professional policing requires both effectiveness and transparency.
Security agencies have every legal responsibility to investigate criminal allegations wherever credible evidence exists.
However, investigations must always comply with constitutional safeguards and internationally accepted human rights standards. Respect for due process strengthens law enforcement; it does not weaken it.
Nigeria’s democratic progress will ultimately be judged not by the number of arrests made, but by whether those arrests respect constitutional rights and the rule of law.
The Federal Government should ensure that all security agencies adopt and strictly enforce operational procedures requiring officers to identify themselves during arrests, promptly disclose the whereabouts of detainees, allow immediate access to legal counsel and fully comply with constitutional provisions governing detention.
The National Assembly, Nigerian Bar Association, National Human Rights Commission, media organisations and civil society groups also have important responsibilities in strengthening oversight and defending constitutional freedoms.
History shows that democratic freedoms are rarely lost all at once. They are often eroded gradually through unchecked abuses, weakened institutions and growing public silence.
Nigeria must not allow that to happen.
The Constitution remains supreme. No public office, institution or security agency stands above it. A democratic society governed by law cannot permit secret detention to become normal practice.
The rule of law not the rule of fear must always prevail.
