KNOW YOUR RIGHT. 89-Year-Old Man Allegedly Detained in Imo for 10 Years Over Another Son’s Crime — What Does the Law Say?
The reported case of an 89-year-old man allegedly detained in prison over a crime linked to another son in Imo State raises a serious question about one of the most basic principles of criminal justice:
Can a person be detained or punished for a crime allegedly committed by his son?
Nigerian law is clear on an important principle: criminal responsibility is personal.
A person does not automatically become criminally liable simply because the alleged suspect is his son, daughter, brother, spouse or other relative.
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What does the law say?
Section 7 of the Administration of Criminal Justice Act (ACJA) 2015 expressly prohibits the arrest of a person in place of another person.
This is commonly referred to as arrest in lieu.
In simple terms, if the police are looking for a particular suspect, they cannot ordinarily arrest the suspect’s father, mother or another relative simply because they cannot find the person they are looking for.
The relative must have a lawful basis for being arrested and investigated in his own right.
What about keeping the 89-year-old in prison?
This is where the circumstances of the particular case become important.
Being related to an accused person is not, by itself, sufficient legal grounds for imprisonment.
Under Section 35 of the 1999 Constitution, every person has a right to personal liberty, subject to circumstances permitted by law.
If the 89-year-old has personally been accused of an offence, the authorities must follow due process. If he has been charged and remanded by a court, the legality and continuing necessity of that detention must be determined through the appropriate judicial process.
But if the allegation is simply that he is being kept because authorities want to compel another son to surrender, that raises a very different legal question.
Can a parent be prosecuted because of a child’s crime?
Yes, but only where there is evidence of the parent’s own involvement or separate criminal conduct.
For example, if a parent is alleged to have participated in an offence, aided its commission, concealed evidence or committed another offence, the person may be investigated and prosecuted based on that conduct.
But that is fundamentally different from saying:
“Your son committed a crime, therefore you must remain in prison.”
Criminal liability does not ordinarily operate that way.
What should the family do?
Where someone has been detained for a prolonged period, the family should obtain legal assistance and establish:
What offence has the 89-year-old personally been accused of?
Has he been formally charged before a court?
Is there a valid remand order?
How long has he been in custody?
What evidence connects him personally to the alleged offence?
Has he been given access to a lawyer?
Has the court reviewed the continued detention?
These questions matter because a person’s liberty cannot lawfully be taken away merely because of his relationship with another person.
KNOW YOUR RIGHTS
The lesson from this case goes beyond one 89-year-old man.
If the authorities are looking for a criminal suspect, citizens should know that being the suspect’s relative does not automatically make them criminally responsible for the suspect’s alleged offence.
At the same time, citizens should not obstruct a lawful investigation or help a suspect evade justice.
The proper balance is simple:
Investigate the person suspected of the crime. Establish evidence. Follow due process. And hold the person responsible for his own conduct.
That is what the rule of law requires.
This article is for public education and is not a substitute for individual legal advice. Anyone facing prolonged detention should consult a qualified Nigerian lawyer
