The Implementation of the Luanda Guidelines on Arrest, Custodial and Pretrial Detention in Nigeria and South Africa

Publication Date : 27/11/2021

Author(s) :

Olaoye, Oyefolake Roseline.

Volume/Issue :
Volume 2
Issue 2
(11 - 2021)

Abstract :

Arbitrary arrest and pretrial detention have led to the problems of overcrowding in correctional facilities and abuse of human rights in several African countries. The excessive use of firearms has also led to extra judicial killing of citizens and suspects by criminal justice system officers. The Luanda guidelines on arrest, police custody and pretrial detention were however adopted to provide solutions to these problems. The Luanda guidelines guarantees the respect of the rights of suspects, limits the use of firearms to unavoidable circumstances, limits the use of arrest and pretrial detention to a measure of last resort and guarantees a conducive facilities of detention. This research makes use of the analytical method of research. It analysed the extent to which the Luanda guidelines has been implemented in Nigeria and some other African countries. Although, these guidelines have been ratified by many African countries including Nigeria, the implementation has however become seemingly impossible because of some challenges that have been in existence before the adoption of the Luanda guidelines which if not solved will continue to debar the implementation of the guidelines. However, South Africa and Uganda have started the implementation of the guideline and this is possible because of the existing laws that were already in place before the adoption of the guidelines which are in conformity with the Luanda guidelines. The implementation of the Luanda guidelines will cause drastic changes in the various criminal justice systems of African countries as it is the anticipated messiah for the criminal justice system. It is however recommended that the ACPHR should help state parties in tackling the various challenges debarring the implementation of the guidelines in various countries and criminal justice system officers should be subjected to mandatory continuous training.

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