5 Persons That Should Be Present Before An Arrested Person Will Make Statement In Police. Daily Law Tips (Tip 343) by Onyekachi Umah, Esq., LLM. ACIArb(UK)
Police and other security agencies in Nigeria have no right whatsoever to FORCE/CAJOLE/INTIMIDATE an arrested person to make any oral or written statement. It is the right of an arrested person to make or not to make a statement. It is the duty of police to carry out investigations and not to force arrested person to make statements.
However, if an arrested person wants to make a statement, it is the right of the arrested person to make his statement in the presence of a legal practitioner of his choice (and not a lawyer provided by police). Where arrested person has no lawyer of his choice, then he can make his statement in presence an officer of the Legal Aid Council of Nigeria or an official of a Civil Society Organisation or a Justice of Peace or even any other ordinary person including a woman.
Recommendation: The use of the word “MAY” in the sentence, “Such statement MAY be taken in the presence of a legal practitioner….” should be made to be “SHALL”. This will remove discretion from police and ensure greater compliance. Considering the poor attitude of security agencies in Nigeria, there is a serious need for lawyers and third parties to observe and participate in management of arrested/detained persons to ensure respect for human rights. This is very important since the section of the law providing for confessions to be recorded on video also uses “MAY” and most police stations have no cameras and steady power supply.
References:
Sections 15(4), 15(5), 17(1), 494 and 495 of the Administration of Criminal Justice Act, 2015 and other similar laws across States in Nigeria.
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5 Persons That Should Be Present Before An Arrested Person Will Make Statement In Police
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