At the time of the arrest of the detainees seven months ago, they were crew members aboard a vessel known as “NESO II” which was hijacked by a gang of pirates. However, the detainees were rescued while the pirates were arrested by the Beecroft Naval Base.
Apart from detaining the crew members in a dehumanizing military facility, the Nigerian Navy has compelled each of them to wear the same dress for seven months. Thus, the fundamental rights of the detainees to dignity and freedom of movement have also been violated. Since the detainees are civilians who are not subject to service law the Nigerian Navy ought to have reported them to the Nigeria Police Force if there was reasonable suspicion that they committed any criminal offence whatsoever.
However, in view of the fact that the detainees have not been charged with any criminal offence before any competent court, we are compelled to request you to direct the Chief of Naval Staff to release them from unlawful custody without any further delay. We also request you to use your good offices to prosecute the Chief of Naval Staff for subjecting the detainees to physical and mental torture contrary to the provisions of the Anti Torture Act, 2017.
Take notice that if you fail to accede to our request within 48 hours of the receipt of this letter we shall not hesitate to file an application at the Federal High Court to secure the enforcement of the fundamental rights of the detainees to personal liberty, dignity, fair hearing and movement and seek an order of mandamus to compel you to prosecute of the Chief of Naval Staff.
Finally, since the country is under a democratic dispensation we urge the Federal Government to sanction members of the Nigeria Police Force, Armed Forces and other security agencies who engage in the incessant arrest and detention of innocent citizens without any legal basis.
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