CONSTITUTIONAL RIGHTS AVAILABLE TO A SUSPECT AT THE POLICE STATION
When a person is taken to a
police station for the commission of an alleged offence or on reasonable
suspicion of being about to commit a crime, he is entitled to the following
rights under the constitution and other subsidiary legislation, presently in
force:
a)
Right
to bail – the right of a suspect to bail is a constitutional right fully
guaranteed under section 35(4) and (5)
of the 1999 Constitution, which provides that a suspect is entitled to be
released with or without conditions, even if further proceedings may be brought
against him, within a period of a day or two days of his arrest and detention,
as the case may be. This is also available in section 17(2) of the Administration of Criminal Justice Law (ACJL). This
right is further strengthened by the provisions of sections 17, 18 and 19 of the CPA which empowers the police to
grant bail to a suspect, on his entering into a bond with or without a surety
for a valuable sum, to report at the police station at a given date and time. Section 129 of the CPC makes similar
provisions for bail of suspects by the police.
Where by virtue
of the nature and circumstances of a particular case it is not feasible for the
police to release the suspect on bail, he must be charged to court not later
than a period of 24 to 48 hours, from the date of detention – section 3(2) of ACJL; section 17 of CPA.
In Eda
v. Commissioner of Police (1982) 6 NCLR, 223, the court held that where
the Police arrests and detains a person over an allegation or reasonable
suspicion of committing an offence, and investigation of the case are on-going,
it is their duty to offer bail to the suspect and/or charge him to court,
within 24 hours, under the appropriate section of the CPA.
b)
Right To
Private Legal Advice - An accused person or a suspect, who is under arrest
or detention, has a right to counsel guaranteed in section 35(2) of the 1999 Constitution, while under arrest or being
held at the Police station. The section provides: The import of this provision is that an accused person is at liberty to
insist on talking to a lawyer before making a statement or being subjected to
interrogation at the Police Station. It is therefore illegal for the Police
to compel an accused or suspect to talk or make any statement, against his wish
to consult a lawyer first, before doing so.
It should
however be noted that Section 35 of the
CFRN, 1999 provides for Right to
personal liberty.
Section 35(1) of the CFRN, 1999 states
that every person shall be entitled to his personal liberty and no person shall
be deprived of such liberty.
Section35(2) of the CFRN, 1999 states
that a person shall have the right to remain silent or avoid answering a
question until after consultation with a legal practitioner or any other person
of his own choice.
Section35(3) of the CFRN, 1999 states
that a person arrested shall be informed within 24 hours of the facts and
grounds for his arrest or detention (in a language he understands).
Section 35(4) of the CFRN, 1999 states
that a person arrested must be brought before a court of law within a
reasonable time.
Section 35(6) of the CFRN, 1999 states
that any person who is unlawfully arrested or detained shall be entitled to
compensation and public apology from the appropriate authority or person.
Section 36(4) of the CFRN, 1999 states
that any person charged with a criminal offence shall be entitled to fair
hearing in public within a reasonable time by a court or tribunal.
Section 36(5) of the CFRN, 1999 states
that every person charged with a criminal offence shall be presumed to be
innocent until proven guilty.
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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