Daniel Otera
The latest detention of human rights activist and SaharaReporters publisher Omoyele Sowore has reopened debate about Nigeria’s respect for detainees’ medical rights. The case has revived scrutiny of constitutional guarantees, international commitments, and the persistent gap between policy and practice in the country’s criminal justice system.
The Nigeria Police Force maintains that it twice offered Sowore medical examinations on 7 and 8 August 2025, by the Medical Director of the Muhammadu Buhari Police Hospital and the Force Medical Officer, both of which he allegedly declined.
“While the Police respect the individual’s right to decline medical assessment, the record must show that the opportunity for independent medical verification was twice provided and twice rejected,” police spokesperson, Deputy Commissioner of Police Olumuyiwa Adejobi, stated.
Sowore tells a different story. He alleges that his right wrist was broken in custody and that he was attended to only by a nurse, accusing the police of denying him proper treatment.
The standoff over medical access has brought Nigeria’s constitutional safeguards on health and human rights back into focus. Section 33 of the 1999 Constitution guarantees the right to life, stating that no one shall be deprived of life except in execution of a court sentence after due process. Legal experts argue that this provision implicitly covers the right to timely medical care, particularly for detainees whose wellbeing is entirely dependent on state provision.
Similarly, Section 17(3)(d), under the Directive Principles of State Policy, obliges the government to “ensure that there are adequate medical and health facilities for all persons.” While not directly enforceable in court, human rights advocates say it sets a binding moral and policy standard that should apply equally in detention cases.
The Administration of Criminal Justice Act (ACJA) 2015 goes further, making judicial oversight of detention facilities a statutory duty. Section 34(1) mandates that “the Chief Magistrate, or where there is no Chief Magistrate within the police division, any Magistrate designated by the Chief Judge for that purpose, shall, at least every month, conduct an inspection of police stations or other places of detention within his territorial jurisdiction other than the prison.”
Magistrates are required to review detention registers, assess the physical and medical conditions of detainees, and, where necessary, order bail or direct that suspects be arraigned without delay. Criminal law scholar Dr Nnena Ibe says the intention is to avert situations where “detention conditions may threaten life or health,” ensuring that judicial scrutiny acts as a safeguard against abuse.
Yet, field monitoring by groups such as the Rule of Law and Accountability Advocacy Centre (RULAAC) shows that compliance with the monthly inspection rule remains inconsistent, particularly across the North-Central states. Causes range from resource shortages to inadequate awareness and a lack of enforcement mechanisms.
Judicial precedent has also shaped the debate. In Nwaoboshi v. Federal Republic of Nigeria (2023), the Supreme Court held that detainees are entitled to adequate medical care but that such care must ordinarily be provided by state-designated medical personnel. Bail on medical grounds, the Court ruled, can only be granted if the applicant proves that their condition cannot be adequately managed in custody. This decision underscores the ongoing tension between state control over detention facilities and the duty to safeguard detainees’ health.
Police say Sowore’s detention is linked to petitions alleging forgery of a police document published online and cyberbullying, one of which was reportedly filed by Bukola Yemisi Kuti, an associate of Inspector-General Kayode Egbetokun. Critics, including Sowore’s lawyer Tope Temokun, question the police’s role as both complainant and investigator.
Rights advocates warn that the case fits into a wider pattern of neglect. The National Human Rights Commission (NHRC), in its 2024 annual review, reported that complaints of inadequate healthcare for detainees remain a recurring problem, often linked to overcrowding, prolonged pre-trial detention, and poor sanitation. Amnesty International’s 2020 and 2022 reports document cases where suspects were denied medical treatment, sometimes with fatal consequences, and link these failures to chronic shortages of medical staff, inadequate equipment, and the absence of basic health protocols in detention facilities.
Nigeria’s legal and international commitments add weight to calls for reform. The country is a signatory to the UN Convention Against Torture (UNCAT) and the African Charter on Human and Peoples’ Rights, both of which guarantee the right to dignity, health, and humane treatment. Domestically, the Anti-Torture Act 2017 criminalises torture and grants detainees the right to request independent medical examinations rights that, according to campaigners, are still not consistently upheld.
Labour and political leaders have also spoken out. Nigerian Labour Congress President Joe Ajaero said: “If Sowore has violated any law, those offended should approach the courts, not resort to harassment. Freedom of speech and association are inalienable rights.” Former Vice-President Atiku Abubakar described the detention as “a shameful abuse of power,” arguing that it undermines Nigeria’s commitment to human rights.
The police insist the case will proceed to court on charges including forgery and cyberstalking. Whatever the verdict, the episode has reignited a broader question: how far is Nigeria prepared to go to protect the health and dignity of those it holds in its custody?