It is unlawful and illegal to
compel a person against his will to answer any questions while under
interrogation by a police officer or any other law enforcement agent. Any
statement obtained under the above circumstances is null and void and
inadmissible, against the suspect or accused persons in the Court of Law – Saidu
v. The State (1982) 4 S. C 41; and section 3 of the Administration of Criminal
Justice Law (ACJL) of Lagos State 2007.
For an accused person (suspect)
to be properly arraigned or charged before a court, for an indictable offence,
of a non-capital nature, his personal consent must first be sought and obtained
by the presiding magistrate – section
304(3) of the Criminal Procedure Act.
A suspect has the right not to be subjected to unnecessary restraints
– The police have no right to deny a suspect his freedom of movement or
personal liberty – section 35 of CFRN, 1999.
He has the right not to be arrested by use of excessive force – The
police have no right to beat any person and using reasonable force to enforce
compliance does not include pummeling (striking repeatedly with the fists) a
person into a pulp.
He has the right to be notified of the cause of arrest –
Unwarranted and unnecessary detentions run contrary to the ideals of the
Fundamental Rights provisions in Chapter IV of the 1999 Constitution.
He has the right to be taken to a police station – A suspect should
be taken to a police station and the police have no right to deny a suspect
access to his/her lawyer at all times.
He has the right to be brought before a court of law within a
reasonable time – Every detention beyond 24 hours must be authorized by a
court of law.
A suspect can only be tried for an offence known to law – The offence
must be defined by legislation prohibiting it and punishment thereof specified
therein; and the offence must be so constituted at the time of the commission
of the alleged offence.
Defence of an accused – these are defence of provocation; alibi;
necessity; immunity; mistake of fact; frustration; excuse and compulsion; mere
presence; bona-fide claim of rights; husband and wife; insanity; accident;
extra-ordinary emergency; intoxication; immature age to ignorance of the law.
Victor C. Ezekiel Esq, has many years experience in providing legal representation and advising clients across an exceptionally broad range of contentious and non-contentious matters. His main goal is to help clients resolve any contentious or non-contentious legal problem they are having rapidly and cost effectively.
Email: victorezekielc@gmail.com
Tel: +2348034997413
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