Court Orders National Assembly to Amend Law Permitting AGF to Arrest, Detain Anybody
- The court has given a fresh directive to the National Assembly regarding the arrest of any Nigerian by the Attorney-General of the Federation (AGF)
- The National Assembly must modify contentious Section 438 of the Administration of Criminal Justice Act (ACJA), which permits the AGF to detain specific individuals
- Following the hearing of Mrs. Funmi Falana’s arguments, the court issued the order last Friday, June 9
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A Federal High Court in Lagos has ordered the National Assembly to amend section 438 of the Administration of Criminal Justice Act (ACJA).
The section allows the Attorney General of the Federation (AGF) to detain certain persons.
Court orders NASS to amend Administration Of Criminal Justice Act
Ambrose Alagoa, the presiding judge, gave the order last Friday, June 9 according to a statement issued by Tayo Soyemi for Falana and Falana chambers, The Cable reported.
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The statement which was issued on Sunday, June 11, said Funmi Falana, a legal practitioner and women’s rights activist, argued on behalf of Femi Falana, a senior advocate of Nigeria (SAN), Channels TV added.
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.”
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However, the preliminary objection was dismissed.
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However, Senator Godswill Akpabio has constantly been the name on the lips of everyone as the man who would stir the ship of the Senate.
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Source: Legit.ng