Court orders n'assembly to amend law permitting AGF to arrest, detain anybody | TheCable

June 12, 2023 2:37 PMA federal high court in Lagos has ordered the national assembly to amend section 438 of the administration of criminal justice act .Ambrose Alagoa, the presiding judge, gave the order last Friday, according to a statement issued by Tayo Soyemi for Falana and Falana chambers.

The statement which was issued on Sunday, said Funmi Falana, a legal practitioner and women’s rights activist, argued on behalf of Femi Falana, a senior advocate of Nigeria .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”.

Section 448 provides: “A person detained in a safe custody or suitable place other than prison or mental health asylum may at any time be discharged by the attorney-general of the federation on licence”.

Source: Law Daily Report (lawdailyreport.net)

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