Safeguarding the Accused: A Legal Analysis of the Rights of a Suspect in Nigeria

By Nneji Esther Chidera

Ebonyi State University

In every democratic society governed by the Rule of Law, the rights of individuals including those accused of committing an offence remain sacred. Yet in reality, a lot of persons are unaware of the protections the law affords. Many Nigerians, out of ignorance allow their rights to be trampled upon the moment they step into a police station. Understanding what the law says could be the difference between freedom and unlawful detention.

This article examine the rights available to a suspect upon arrest and at the police station, exploring relevant constitutional provisions, statutory safeguards and judicial pronouncements that shape Nigeria’s criminal justice process.

 Rights Available To A Suspect Upon Arrest And At The Police Station.

Section 17 of the Administration of Criminal Justice Act (hereinafter refered to as ACJA) which is one of the principal enactment governing criminal litigation provides that a suspect may elect to make a statement upon his arrest. Section 17(2) provides that the statement must be taken in the presence of a legal practitioner of his choice or where he has no legal practitioner of his choice (i.e where he cannot afford the legal service of a legal practitioner) the state would provide legal aid for him and that the statement should be taken in the presence of that legal practitioner provided to him by the state through the Legal Aid Council of Nigeria.

Also, Section 4 of the  Administration of Criminal Justice Amendment Law (2021) which amended Section 9 of the Administration of Criminal Justice Law of Lagos (hereinafter refered to as ACJL). It provides:

     A confessional statement may be recorded in writing in the presence of a legal practitioner or other representative acceptable to the person making the statement, who shall endorse such statement as appropriate.

This ensures that confessions or statements are made voluntarily and not under duress because any statement made under duress shall be inadmissible in the court.

Section 15(4) of the Administration of Criminal Justice Act (2015) provides that; where a suspect who is arrested either with or without a warrant volunteers to make a confessional statement also known as extra-judicial statement, the police officer shall ensure that such statement is taken in writing and such statement may also be recorded electronically on a reliable VCD or other audio-visual means. 

In the case of Awelle v People of Lagos State (2016) LPELR 41395, the Court of Appeal held that non-compliance with Section 9(3) of the ACJL Lagos renders a confession impotent and invalid. Section 9 (3) of the ACJL provides thus:

  Where a person who is arrested with or without a warrant volunteers to make a confessional statement, the police shall ensure the making and taking of such statement is recorded on video and the said recording and copies thereof may be produced at the trial provided that in the absence of video facility, the said statement shall be in writing in the presence of a legal practitioner of his choice.

Also, Section 15(4) and Section 17 of ACJA made similar provisions in respect of the above.

However, the compulsion on police officers to ensure that a suspect’s confessional statement is in writing does not in any way render oral confession inadmissible.

This is also called the “Right against self incrimination”. 

Section 35(2) of the Constitution of the Federal Republic of Nigeria (as ammended) (hereinafter refered to as CFRN) provides thus: 

 Any person who is arrested or detained shall have the right to remain silent or avoid answering any question until after consultation with a legal practitioner or any other person of his own choice.

Therefore, it is a constitutionally guaranteed right of every citizen who is arrested for any offence.

Also Section 3(2)(a) of the ACJL Lagos, Section 6(2)(a) ACJA as well as Section 29(2)(a) ACJL Kano made similar provisions.

Section 6(2)(a) of the ACJA provides:

 The police officer or the person making the arrest or the police officer in charge of a police station shall inform the suspect of his rights to:  remain silent or avoid answering any question until after consultation with a legal practitioner or any other person of his own choice.

Section 35(3) of the 1999 CFRN (as ammended) provides thus:

 Any person who is arrested or detained shall be informed in writing within 24 hours (and in a language that he understands) of the facts and grounds for his arrest or detention.

Also, Section 3(1) of the ACJL Lagos provides:

 Except when the person arrested is in the actual course of the commission of a crime or is pursued immediately after the commission of a crime or escape from lawful custody, the police officer or other person making the arrest shall inform the person arrested of the cause of arrest.

Section 6(1) of ACJA and Section 29(1) ACJL Kano also made similar provisions in respect of the above.

This is provided for in Section 35(3) of The Police Act 2020. It provides that “the authority having custody of the suspect shall notify the Next-of-kin or relative of the suspect of the arrest at no cost to the suspect”.

Section 36(5) of the 1999 CFRN (as amended) provides that “every person who is charged with a criminal offence shall be presumed to be innocent until he is proved guilty”. This means that the burden of proof rests squarely on the prosecution. The prosecution is to provide evidence to show that the crime was committed and that the person is actually the one that committed the crime. If not, any doubt must be resolved in favour of the accused.This provision prevents prejudgment and wrongful accusations on a person that might be innocent and it ensures fairness in judicial proceedings. 

A suspect has a right to bail at the police station especially for offences that are bailable. However this right is not absolute as it is subject to some exceptions and at the discretion of the authorities and may also be on some conditions. This is provided for in Section 35(4) and (5) of the 1999 CFRN.

A suspect is entitled to be kept under decent human conditions. The situation in most police detention centers in Nigeria where detainees sleep on the bare floor with buckets of urine and faeces is most inhuman and amounts to violations of the constitutional right for respect for the dignity of human person as provided for in Section 34(1) of the 1999 CFRN and also Section 8(1) of ACJA.

Section 35(4) of the 1999 CFRN provides that any person arrested in connection with any offence shall be brought before a court of law within a reasonable time.

This right is provided by Section 36(6)(e) of the 1999 CFRN, it is essential at the interview and at hearing especially when the suspect is an illiterate who cannot understand English, the law provides that he should be provided an interpreter who would communicate to him in the language he understands. When an interpreter is used to obtain a voluntary confessional statement, the interpreter must be present at the time of hearing to tender the statement so as to communicate to the suspect/accused to confirm if the statement is the one he made at the police station.

Conclusion/Recommendation 

In summary, the rights of a suspect upon arrest and at the police station are fundamental safeguards of justice and liberty. Their strict observance ensures fairness and prevents abuse of power. It is therefore recommended that law enforcement officers respect these rights, and that continuous legal awareness be promoted among citizens to strengthen accountability within the justice system.