Government Justifies 72-Hour Detention Period in 2024 Draft Constitution, Emphasizes Need for Thorough Investigations
By Buba Gagigo
In an explanatory note accompanying the 2024 draft constitution, the government has defended its decision to retain the 72-hour detention period for police, arguing that it allows law enforcement sufficient time to conduct thorough investigations and gather evidence in complex cases before deciding whether to charge an individual or release them.
This decision to maintain the 72-hour detention period contrasts with the 2020 draft constitution proposed by the Constitutional Review Commission, which had reduced the detention period to 48 hours.
“Maintaining police detention powers at 72 hours allows law enforcement agencies adequate time to thoroughly investigate and gather evidence in complex cases before deciding whether to charge an individual or release them. Reducing the detention period to 48 hours could limit the ability of law enforcement to conduct a comprehensive investigation and may compromise their ability to protect public safety effectively,” they said in the Explanatory Notes.The government further explained that shortening the detention period might impair law enforcement’s ability to effectively question suspects and obtain crucial information, which could hinder efforts to prevent future crimes or identify threats to public safety.
“Reducing detention powers to 48 hours may result in increased pressure on law enforcement agencies to make hasty decisions regarding charging or releasing suspects, which could compromise the integrity of the investigative process and lead to mistakes or wrongful convictions. While protecting individual rights to personal liberty is important, it is essential to strike a balance with the need to safeguard public safety and ensure that law enforcement agencies have the necessary tools and time to carry out effective investigations,” they explained.The government emphasized that maintaining the 72-hour detention period strikes this balance, ensuring that both individual rights and public safety are adequately respected and safeguarded.