Imo State governor, Hope Uzodinma, has signed a law which may empower him to become a tyrant to Imo State citizens and residents.
He signed into law the Imo State Administration Of Criminal Justice Law No 2 of 2020 (ISACJL, 2020), which empowers him to arrest and detain any resident of the state for as long as he wishes.
The law allows anybody to be detainedon the orders of Uzodinma and can only be released when he grants a license to the said individual.
According to Section 484 of the said Law: “Where any person is ordered to be detained during the Governor’s pleasure he shall notwithstanding anything in this Law or in any other written law contained be liable to be detained in such place and under such conditions as the Governor may direct and whilst so detained shall be deemed to be in legal custody”.
Meanwhile, the new law has triggered controversies to the legality or otherwise of the provisions relating to “pleasure”, permitting the State Governor to detain suspects at his pleasure.
Also, the Law abolished all forms of preliminary inquiry or preliminary investigation into a criminal charge by a magistrate or any court in the state and replaced them with preparation of proof of evidence.
Section 485 of the ISACJL, 2020 provides:
(1) A person detained during the Governor’s pleasure may at any time be discharged by the Governor on license which said license may be in such form and in such conditions as the governor may direct under section 485(2).
(2) A license under subsection (1) of this section may be in such form and may contain such conditions as the Governor may direct.
(3) A license under this section may at anytime be revoked or varied by the Governor and where license has been revoked the person to whom the license relates shall proceed to such place as the Governor may direct and if he fails to do so, may be arrested without warrant and taken to such place.
The above provision implies that the Governor can order detention of a suspect at will and determine the custody in which such a person is to be kept.
Aparently, the new law is in violation of the country’s constitution which deems a person innocent until proven guilty as well as conventions of the world on freedom of movement and association.