Recommendation
(A/HRC/7/3/Add.4)
Steps taken to implement the recommendations
counsel from the moment of arrest; however it
is often not respected;many detainees are
unable to meet the bail conditions and once
detained, the majority of detainees have no
lawyer to act on their behalf because they
cannot afford one
• The Federal Legal Aid Council (LAC) suffers
from limited capacity, with only 91 lawyers
and a mandate confined to specific crimes,
including murder, manslaughter, assault,
stealing, affray and rape (armed robbery is
excluded)
• State level initiatives such as the Ogun state
citizens’ rights department and the Lagos State
Government Office of the Public Defender,
which provide legal counsel to those who
cannot afford it, are commendable but the
capacity of such departments is limited. These
bodies have restricted funding and it is unclear
to what extent they are independent since they
formally come under the state ministry of
justice. A bill to extend the mandate of the LAC
is pending before the National Assembly;
however it has been pending for over three
years
Non-governmental sources: Although guaranteed
by law, in practice, the detainees’ right to
challenge the lawfulness of their detention and to
be presented promptly before a court is
compromised by poor record keeping, secrecy on
the part of the police and dependent on their
A/HRC/10/44/Add.5
page 79
(f) The power to order or approve arrest and
supervision of the police and detention facilities
should be vested solely with independent courts
Situation during visit
(A/HRC/7/3/Add.4)
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