RULAAC slams Police over Sowore’s detention, says detention unconstitutional

The Rule of Law and Accountability Advocacy Centre (RULAAC) has condemned the Nigeria Police Force for what it describes as an unlawful and unconstitutional detention of Omoyele Sowore, human rights defender, journalist, and presidential candidate of the African Action Congress (AAC) in the 2023 elections.

Sowore, who is also the founder and publisher of Sahara Reporters, was arrested on Wednesday after honouring an invitation from the Inspector General of Police (IGP) Monitoring Unit at the Force Headquarters in Abuja.

The arrest followed petitions reportedly filed by IGP Kayode Egbetokun and another police officer, Yemisi Kuti, over allegations of defamation and forgery. However, Sowore has since remained in custody without being formally charged in court.

In a strongly worded statement issued on Friday, RULAAC’s Executive Director, Okechukwu Nwanguma, described the arrest and continued detention of Sowore as a clear abuse of police power and a violation of multiple constitutional provisions and criminal justice procedures.

Nwanguma particularly faulted the explanation offered by the Commissioner of Police in charge of the Special Intervention Squad, CP Abayomi Shogunle, who claimed that Sowore was still being held because he refused to make a statement in the presence of his lawyers.

READ ALSO: Atiku slams Police over Sowore’s arrest, alleges abuse of power, brutality

RULAAC dismissed this justification as “untenable and misleading,” insisting that it contradicts the Constitution, the Police Act 2020, and the Administration of Criminal Justice Act (ACJA).

“Section 35(2) of the 1999 Constitution and Section 35(2) of the Police Act 2020 expressly guarantee the right of an arrested person to remain silent and avoid self-incrimination,” Nwanguma said. “A suspect’s refusal to make a statement is not a lawful ground for prolonged detention. The police must investigate using evidence, not punish suspects for exercising their rights.”

The group also pointed out that the police have violated the constitutional requirement that a suspect be charged within 24 to 48 hours.

“Section 35(4) of the Constitution mandates that an arrested person must be brought before a court within 24 hours (if a court is within 40 kilometres) or within 48 hours otherwise. Section 62 of the ACJA also requires release on bail if investigation is not concluded. Sowore has been detained since Wednesday without a court order. This is a clear case of arbitrary detention,” Nwanguma stated.

RULAAC further emphasized that the allegations against Sowore—defamation, forgery, and cyberbullying—are bailable offences under Nigerian law.

“Sowore voluntarily honoured a police invitation, indicating no intention to evade investigation. Detaining him without access to bail or court process lacks any legal basis,” the statement read.

RULAAC also raised concerns over Sowore’s well-being in detention. According to the group, Sowore has alleged that his hand was broken during his arrest and that he has been denied access to medical care.

“While the CP publicly claimed that Sowore was not brutalised, Sowore himself has disclosed from custody that his hand was fractured, he has been denied medical attention, and he is being paraded before the media to manipulate public perception,” Nwanguma added.

READ ALSO: Police explain Sowore’s detention, allege refusal to make statement after petitions

These actions, the group noted, amount to cruel, inhuman and degrading treatment in violation of Section 34(1)(a) of the Constitution, the Anti-Torture Act 2017, and Sections 8 to 10 of the Police Act 2020.

RULAAC suggested that Sowore’s recent activism—particularly his role in protests demanding better police welfare and his criticisms of recent police promotions—may have provoked his current ordeal.

“Using the police to harass and silence critics of the Inspector General of Police or any state institution under the guise of investigating petitions is a dangerous abuse of power that threatens democracy and the rule of law,” the group warned.

RULAAC’s Demands:

The organization called for urgent action and outlined the following demands:

Immediate and unconditional release of Omoyele Sowore from unlawful detention.

Access to urgent medical care by a qualified doctor for his reported injuries.

An independent investigation into the circumstances of his arrest, the alleged use of force, and the denial of medical attention.

An end to the misuse of the Nigeria Police Force to harass and intimidate citizens exercising their constitutional rights.

“The Nigeria Police Force must be reminded that constitutional rights are not privileges subject to police discretion. Upholding these rights is not optional — it is their core legal duty,” RULAAC concluded.