Two days ago, Dele Farotimi, a lawyer currently facing charges of criminal defamation in Ado Ekiti, was handcuffed by the Ado Ekiti Correctional Centre authorities. This action sparked public outrage, as the detention of Farotimi had not involved any violent behavior. Legal experts quickly argued that his handcuffing was unjustifiable under Section 7 of the Administration of Criminal Justice Act, which states that a suspect should only be restrained if there is a reasonable fear of violence, an escape attempt, or by court order.
This marks the fourth time in the past two decades that the handcuffing of suspects has been criticized in the media. Previous instances, involving figures such as Tafa Balogun (former Inspector-General of Police), Olisa Metuh (former PDP chieftain), and Agba Jalingo (online publisher), also sparked strong condemnation, leading to the swift removal of handcuffs in each case. As a result, Dele Farotimi was not handcuffed when he appeared in the Magistrate Court the following day.
In various WhatsApp groups, some lawyers and journalists celebrated the success of the social media campaign that prompted the removal of Farotimi’s handcuffs. However, this attention on high-profile figures overlooks the daily mistreatment of less prominent criminal suspects. Across Nigeria, many individuals are routinely handcuffed and even shackled like slaves, reminiscent of the conditions in sugar plantations during the transatlantic slave trade.
The dehumanization of poor suspects remains largely ignored by the elite. For instance, a few months ago, a police command paraded a man accused of stealing five tubers of yam, valued at less than N10,000, for public humiliation. In stark contrast, a public officer facing allegations of stealing over N100 billion was neither handcuffed nor paraded in front of the media.
It is only when politically exposed individuals or elites face criminal charges that lawyers and journalists become vocal about the presumption of innocence, as enshrined in Section 36 of the Constitution and Article 7 of the African Charter on Human and Peoples’ Rights (Ratification and Enforcement) Act.
Under Nigeria’s current democratic framework, four rulings from both the ECOWAS Court and domestic courts have declared the public parade of suspects illegal, deeming it prejudicial to the right to a fair hearing. Despite this, the campaign to end the practice has not been entirely successful. However, the Lagos State House of Assembly took a progressive step by amending the Criminal Law in 2009 to prohibit such parades. Other states have yet to follow suit, which has led our law firm to file a case in the Federal High Court, calling for an end to the practice by law enforcement agencies such as the Nigeria Police Force, EFCC, and ICPC.
On December 5, 2024, during a Human Rights Day conference in Abuja, Mr. Hashimu Argungu, chairman of the Police Service Commission, condemned the parade of suspects in chains. This raised hopes that the Nigeria Police Force will soon cease this practice, at least for suspects from disadvantaged backgrounds.
In the interest of consistency and fairness, Nigerian lawyers should join the movement to stop the unnecessary use of handcuffs and leg chains on suspects, except when authorized by a court. Lawyers must also ensure that suspects and defendants are not subjected to media trials. Journalists should refrain from turning newspapers, television studios, and online platforms into platforms for parallel trials.
The key message here is that the fight for the humane treatment of suspects should not end with the removal of Farotimi’s handcuffs. It is time to remove the handcuffs and leg chains from all suspects and defendants across Nigeria.
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