The police have a duty to ensure
that all the constitutional rights of a suspect are respected and protected in
the process of obtaining statements from a suspect in custody including the
right of access to his counsel or the right to seek for free legal aid with the
Legal Aid Council. A comprehensive list of the statutory rights of a suspect in
police custody is provided hereunder:
i.
Right
to silence and right not to answer any question put to him until after
consultation with his counsel: section
35(2) of the CFRN 1999 & section 3(2)(a) ACJ (R&R) L 2011 & section
6(2)(a) of the ACJA 2015
ii.
Right
to be guided by counsel as to how to respond to questions put to him by the
police: section 3(2)(a) ACJ (R&R) L
2011 & section 6(2)(b) of the ACJA 2015
iii.
Right
to engage the services of a counsel of his choice before making or writing any
statement at the police station: section
35(2) of the CFRN 1999 & section 3(2)(b) ACJ (R&R) L 2011
iv.
Right
to free legal representation from the office of the Public Defender, the Legal
Aid Council or any other establishment providing the same or similar services,
where the suspect merits same: section
3(3) ACJ (R&R) L 2011 &
section 19(2) of the Legal Aid Act 2011 & section 6(2)(c) of the ACJA 2015
v.
Right
not to utter a word throughout the period of investigation and right not to be
forced to make statements orally or in writing: section 3(2)(3) ACJ (R&R) L 2011
vi.
Right
not to be subjected to torture or inhuman or degrading treatment while being
interviewed at the police station: section
34(1) of the CFRN 1999 & section 8(1) of the ACJA 2015
vii.
Right
not to arrested merely on ground of civil wrong or breach of contract: section 8(2) of the ACJA 2015
viii.
Right
to be informed of the reason for the arrest: section 35(3) of the CFRN 1999 and section 6 of the ACJA 2015;
unless:
a.
He
is caught committing the offence
b.
He
is pursued & caught after committing the offence;
c.
He
is caught escaping from lawful custody.
ix.
Right
to an interpreter where he does not understand the language of the police
interviewing him: section 36(6)(e) of
the CFRN 1999 & section 17(3) of the ACJA 2015
x.
Right
to be arraigned in court within 24hours where there is a court of competent
jurisdiction within a 48kilometer radius from the place of arrest or 48 hours
where there is no court of competent jurisdiction within a 48kilometer radius
from the place of arrest, unless he is suspected of a capital offence: section 35(4) & (5) of the CFRN 1999
xi.
Right
to be presumed innocent until presumed guilty by a court of law: section 36(5) of the CFRN 1999
xii.
Right
to life or right not to be killed or executed extra-judicially except with the
order of court: section 33(1) of the
CFRN 1999
xiii.
Right
to be arrested in connection with an offence known to a written law and the
punishment prescribed in a written law: section
36(12) of the CFRN 1999
xiv.
Right
not to be arrested in connection with an offence for which he had previously
been tried and convicted or acquitted by a court of competent jurisdiction: section 36(9) of the CFRN 1999
xv.
Right
to compensation and public apology for unlawful detention
xvi.
Right
not to be arrested by the use of excessive force
xvii.
Right
to be taken to a police station upon an arrest: section 14(1) of the ACJA 2015
xviii. Right of continuous access
to his legal counsel
xix.
Right
to medical care
xx.
Right
to privacy of his home, correspondence, telephone conversations and telegraphic
communications, subject to a court order to that effect: section 37 of the CFRN 1999
xxi.
Right
to Bail and personal liberty: section
35(1) of the CFRN 1999; unless:
a.
In
execution of sentence or order of court in respect of a criminal offence of
which he has been found guilty; or
b.
By
reason of his failure to comply with the order of a court; or
c.
In
order to secure the fulfillment of any obligation imposed upon him by law; or
d.
For
the purpose of bringing him before a court in execution of the order of court;
or
e.
Upon
reasonable suspicion of his having committed a criminal offence; or
f.
To
such extent as may be reasonably necessary to prevent his committing a criminal
offence.
xxii. Right not to be subjected
to unnecessary restraints; section 5 of
the ACJA 2015; except:
a.
There
is reasonable apprehension of violence
b.
He
attempts to escape
c.
It
is necessary for his protection
d. By order of court
© Onyekachi Duru Esq and www.legalemperors.com, 2016. (All Rights Reserved) Unauthorized use and/or duplication of this material without express and written permission from this site’s author and/or owner is strictly prohibited. Excerpts and links may be used, provided that full and clear credit is given to Onyekachi Duru Esq and www.legalemperors.com with appropriate and specific direction to the original content.
d. By order of court
© Onyekachi Duru Esq and www.legalemperors.com, 2016. (All Rights Reserved) Unauthorized use and/or duplication of this material without express and written permission from this site’s author and/or owner is strictly prohibited. Excerpts and links may be used, provided that full and clear credit is given to Onyekachi Duru Esq and www.legalemperors.com with appropriate and specific direction to the original content.