Ifeanyi Ubah’s indefinite detention

Justice for all! Is the government administering justice without prejudice? Then, holding Dr. Ifeanyi Ubah in custody indefinitely by the government without due process violates his fundamental human rights and it is in stark conflict with the norms of every democratic and civilized society. In consonance with the rule of law, the Department of State Services (DSS) should not deprive Ifeanyi Ubah his liberty by detaining him without bond. Nigeria’s democracy requires unambiguous rule of law. This was echoed by Senator Ike Ekweremadu when he said during the Democracy Day in Nigeria on May 29th, “The greatest blessings of democracy are constitutionalism, rule of law, respect for human rights, courts, separation of powers and the ballot box.”
Equally, Alfred de Zayas in his piece “Human rights and indefinite detention,” published in International Review of the Red Cross, Volume 87 Number 857, March 2005, cited the Amnesty International Press Release of December 16, 2004, that crystalized the abhorrent nature of indefinite incarceration of people. It detested the indefinite detention of citizens of any country and characterized the act as counter to democratic principles and inhibition of due process and rule of law. The release said, “Indefinite imprisonment without charge or trial is anathema in any country which observes the rule of law.” The human rights organizations vexingly demur striping people of their liberty without due process.
Similarly, in the United States, it is unconstitutional to remand someone in prison indefinitely without charges or trial. American Civil Liberties Union (ACLU) holds, that indefinite detention violates the United States Constitution. ACLU said, “Indefinite detention without charge or trial violates due process…” In America, liberty of citizens is etched and guarded in the Constitution; protection of people’s liberty is paramount. Clearly, The Fifth Amendment of the Constitution states that “no person shall . . . be deprived of life, liberty, or property, without due process of law.” Inasmuch as the Constitution frowns at government trampling on the liberty of citizens in the absence of due process, there are exceptions due to recent activities of terrorists.
In any case, certain classes of people who violate U.S. immigration law could be held in detention indefinitely until they are deported. Also, suspects who are flight risk may not be granted bail for fear of them running away. Most importantly, both international and domestic terrorists are held without bail. Furthermore, people who are considered “dangerous” or pose a “significant security threat” to the country may never see the light outside the jail until trial and perhaps for life. It is my opinion that people who are arrested for espionage or treasonable offences may be held behind bars until trial and subsequence sentencing. Also, people who commit heinous crimes such as mass murder, killing someone in the cause of committing a robbery, or killing a law enforcement agent, should be remanded in custody until trial.
On the other hand, there are some people in many county jails in the United States who are in custody indefinitely because they could not afford bond. They could not raise the money to bail themselves out after the bond was set.
But Dr. Ifeanyi Ubah can bond himself out if the bond is set. Dr. Ifeanyi Ubah is not an illegal alien in Nigeria who may be a flight risk if released from detention. He is neither a domestic nor an international terrorist; he is not a dangerous man and does not pose a significant security threat to his country. Dr. Ifeanyi Ubah was neither arrested for espionage nor for any treasonable offence. He was not arrested for committing heinous crimes such as mass murder, killing someone in the cause of committing a robbery, or killing law enforcement agents that would have warranted remanding him behind bars indefinitely. The last time people checked, Ifeanyi Ubah could post a bond for his release. Then why is he incarcerated indefinitely by the Department of State Services (DSS)? People are riled up over lack of due process and the absence of independent judiciary in the country. Thus, some people may argue that there is a sinister motive for trampling on Ifeanyi Ubah’s liberty. But by releasing him immediately may render such an argument mute.
Without a doubt, denying people their fundamental right to liberty is what the law enforcement agents should avoid by all means. They are required to administer justice without prejudice. So, when justice is not meted out fairly and equitably, it weakens the judicial system thereby creating an environment where people lose confidence in the system, and in the application of law. The phenomenon appears to spur cynicism of the law enforcement and judges thus cascading further erosion of trust and faith in the law enforcement and the entire judicial system. Not only that this situation weakens the democratic principles, but also it diminishes the aura of power of the judicial and law enforcement; they would lose the respect of the populace because of lack of integrity.
Integrity is derived from the actions or activities the masses perceive as just and fair. When an institution consistently carries out its responsibilities fairly and justly, that body will enjoy great amount of acceptance and respect. But lack of integrity and credibility will always cast a shadow of doubt and mistrust in almost everything an institution or agency does.
Therefore, judicial and law enforcement integrity and credibility are paramount to sustaining Nigeria’s democracy, as well as to avoid the cloud of suspicion in their work.  Establishing credibility is necessary to avoid public perception of DSS’s every action as politically motivated or ethnically tinged.
I strongly believe that DSS is comprised of professional men and women with great wealth of experience. They should be impeccable and independent in all their activities. Please keep Nigeria safe!

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