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A recent ruling by a federal high court in Lagos has ordered the national assembly to amend section 438 of the administration of criminal justice act (ACJA), which allows the attorney general of the federation (AGF) to detain certain persons.
The presiding judge, Ambrose Alagoa, gave the order last Friday, following arguments made by Funmi Falana, a legal practitioner and women’s rights activist, on behalf of Femi Falana, a senior advocate of Nigeria (SAN).
The suit argued that section 438 of the ACJA is draconian and vests too much power in the AGF, usurping the powers of the judiciary and depriving people of their constitutional rights to liberty and fair hearing.
The national assembly had objected to the suit, but the preliminary objection was dismissed.
Section 438 of the ACJA allows for detention in a safe custody or suitable place other than prison or mental health asylum, but the attorney-general of the federation may direct the person to be detained in a prison or asylum or any other place as provided under this Act or any law.
The attorney-general of the federation may also revoke or vary a license at any time.
