There are a lot of civilised laws in Nigeria, the problem is the uncivilised minds in our law enforcement system saddled with the responsibility of enforcing these laws. The Nigeria Police Act enacted in 2020 is one of such civilised laws. The Act contains the systemic codification of the human rights of suspects or any person arrested by the Police or in Police custody in Nigeria.
Thus, this edition of the Legal Illumination of Akintunde Esan known as (The Legal Adviser Online) is focused on the said codified and statutory rights and protection of suspects or any person arrested by the Police or in Police custody in Nigeria.
The following are the rights of a
suspect or any person arrested by the Police or in Police custody in Nigeria under
the Nigeria Police Act, 2020:
1.
Right to Information:
Under
Section 35, a suspect must be
informed of the reason for their arrest and their rights upon arrest.
2.
Right to Silence:
Section 36 protects the suspect's right to remain silent and not answer any questions until they consult with a legal practitioner or a person of their choice.
3.
Right to Legal Representation:
Section 36 also ensures that a suspect can consult with a legal practitioner of their own choice before making any statements or answering any questions after the arrest. They may also have access to free legal representation where applicable.
4.
Right to Contact Relatives:
As per Section 35, the police must notify a suspect's next of kin or relatives immediately after the arrest.
5.
Right not to be
arrested by Proxy
Section 32 expressly provides
that “No person shall be arrested in
place of any other person”
6.
Right not to be
arrested for a Civil Wrong
Section 32 also provides that:”A person shall not be arrested for
committing a civil wrong or breach of contract”. A civil wrong typically
includes matters like debt disputes, property disputes and breach of agreements
which are meant to be resolved through civil litigation and not treated as criminal
offences
7.
Right to Humane Treatment:
Section 36 emphasizes that suspects shall not be subjected to torture, cruelty, inhumane, or degrading treatment.
8.
Right to Make Statements:
According to Section 36, a suspect's statement can only be taken if they wish to give one and it should be done in the presence of their legal practitioner or a person of their choice.
9.
Right not to be detained for more 24 Hours:
Section 29 states that, a suspect is not to be detained for more than 24 hours.
10.
Right to apply for Bail in Court
Section 29 states that, if a suspect is detained for more than 24 hours and the offense is not a capital offense, his or her lawyer or relatives can inform any court with jurisdiction to try the matter. The court shall order the production of the suspect and inquire into the matter. Where it is convinced that the suspect should be released on bail, the court shall admit him to bail.
For further legal illumination or legal advice on the rights of a suspect any person arrested by the Police or in Police custody in Nigeria you may contact Akintunde Esan (The Legal Adviser Online)
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