By Hassanat Adebowale
The Initiative Against Human Rights Abuse and Torture (INAHURAT) has urged the Inspector-General of Police to investigate allegations of unlawful arrest and detention of a Rwandan businessman, Mr. Benjamin Rulisa. In a statement issued on Friday, INAHURAT’s Director of Legal Affairs, Mr. Maxwell Opara, called for immediate action to identify and discipline the officers involved.
Opara appealed to the Inspector-General to ensure that justice is served and human rights are upheld. “In light of the undeniable facts, the illegal actions of these officers, and the blatant disregard for human rights, we are calling on the President of the Federal Republic of Nigeria to order a comprehensive and independent investigation into this case, ensuring justice is served,” he said.
Opara also called on the Nigerian judiciary to ensure a fair and just trial free from manipulation by the officers responsible for the alleged violation. He urged the National Human Rights Commission (NHRC) and international human rights bodies to take appropriate action to hold the perpetrators accountable and prevent future occurrences.
Rulisa, who deals in honey, was reportedly invited to Nigeria by a business acquaintance in March 2023 in Nairobi, Kenya. Upon his arrival, while staying in a hotel, he was allegedly arrested and detained by officers of the Nigerian Police Force’s IGP Monitoring Unit and Intelligence Response Team (IRT). Opara claimed that Rulisa was held for about six months and subjected to inhumane treatment, despite no formal complaint or evidence being presented against him.
Opara recounted that a Nigerian detainee, after hearing Rulisa’s ordeal, informed the authorities. Upon his release, the detainee wrote a petition to the Inspector-General, exposing the illegal activities of the officers involved. The Inspector-General subsequently ordered the Special Investigation Unit (SIU) to retrieve the case file and conduct an independent investigation.
The SIU’s findings reportedly confirmed that Rulisa had been subjected to unlawful detention. Realizing their misconduct had been uncovered, the officers from the IGP Monitoring Unit hastily filed baseless criminal charges against Rulisa, containing no evidence other than statements from the same officers who allegedly tortured him.
The Legal Corner
Under Section 35 of Nigeria’s 1999 Constitution, everyone has the right to personal liberty, and this right can only be taken away under specific legal circumstances. Arrests must be lawful, based on evidence, and suspects must be informed of the reasons for their arrest in a language they understand. Additionally, the Administration of Criminal Justice Act (ACJA) 2015 requires that suspects be charged in court within 24 to 48 hours, depending on the nearest court’s location.
Holding someone without a formal charge or beyond the constitutional time limit violates their fundamental rights. Victims of such violations can seek redress through the courts, which may include damages for unlawful detention. Police officers responsible for such actions could face disciplinary actions, criminal prosecution, or civil suits. This case highlights the need for stronger enforcement of legal protections and accountability for law enforcement agencies.
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