Police Procedures vs Accused’s Freedom to Write Statements

By Wahab Shittu (SAN)

The right of the Accused to choose to give a statement to the police upon arrest is enshrined in the foremost provisions of the apex law of the federation, including the Administration of Criminal Justice Act 2015 and the Police Act of 2020. Yet, the constant reminder that the Accused is denied these rights is most highlighted in our criminal justice today where the extra-judicial statement of the Accused upon arrest is mandatory.

This Article begs the question, of whether Chapter IV of the Constitution of the Federal Republic of Nigeria vis-à-vis the provisions of the Administration of the Criminal Justice Act and the Police Act is not a shield for an Accused who wishes to abstain from giving a statement.

INTRODUCTION

When individuals find themselves in the intimidating situation of being arrested and detained at a police station, it is crucial for them to understand their rights. One significant right that often causes confusion is the decision to write a statement. It is essential to demystify Nigerian police procedures and clarify that writing statements is a voluntary act, protected by law.

First and foremost, it is important to know that no police officer has the right to force anyone to write a statement when in custody. The act of providing a statement in police custody should always be a matter of free will and not compulsion. This fundamental principle ensures that individuals are not coerced into providing self-incriminating evidence or statements against their own interests. This is in line with the provision of the Administration of Criminal Justice Act (ACJA) 2015.

“Where a suspect is arrested on allegation of having committed an offence, his statement shall be taken, if so wishes to make a statement.”

1 Additionally, every person has the right to remain silent when interacting with the police. If detained, it is within your rights to request that your lawyer be present before saying or writing anything. Even if you do not have a lawyer, you can choose a trusted person to be present during the process. This 1 S. 17(1) ACJA 2015 safeguard ensures that you have adequate legal representation or support before making any statements that could impact your case.

2. To further solidify these rights, the Nigeria Police Act of 2020 and the Administration of Criminal Justice Act (ACJA) of 2015 explicitly affirm the right of suspects to decide whether or not they want to write statements. Section 60 of the Nigeria Police Act and section 17 of the ACJA specifically state that the act of writing statements by a suspect should be voluntary.

3 According to the ACJA, suspects have the right to remain silent and cannot be compelled to give any statement that may incriminate them. The legislation emphasizes that suspects must be informed of this right prior to any questioning. Furthermore, if a suspect chooses to provide a statement, they have the right to consult with a legal practitioner of their choice before doing so. These rights are foremost enshrined under chapter IV of the Constitution of the Federal Republic of Nigeria as Amended 2011 as regards the Accused person’s right to remain silent. This position has been credence to, in the case of Omirinde v. F.R.N

“… failure to comply with the provisions will render the statement impotent and incapable of being relied upon by the court to sustain a conviction. This is mandatory and cannot be waived in any circumstances.”

4 The ACJA ensures that the principle of voluntariness is respected throughout the entire criminal justice process. It requires that the police or any law enforcement agency obtain a voluntary statement from the suspect. Coercion, intimidation, or any form of force to extract a statement is strictly prohibited.

Understanding these legal provisions empowers individuals with the knowledge and confidence to assert their rights when facing police procedures. It is crucial to remember that you have the right to protect 2 S. 17(2) ACJA, 2015 3 See S.60 of the Nigerian Police Act 2020 4 (2017)LPELR – 44971 (CA), see also Olalekan v. State (2001)18 NWLR (pt 746)793 @ 819H – 820B.yourself, exercise your free will, and ensure that any statements made are voluntary and in your best interest.

CONCLUSION

In conclusion, demystifying Nigerian police procedures regarding writing statements is vital to protect the rights of individuals. Understanding that writing statements is a voluntary act, individuals can assert their rights, remain silent when necessary, and seek legal representation to navigate through the complexities of the justice system.

By upholding these rights, we can foster a fair and just society that respects the principles of individual freedom and protection under the law. The Nigeria Police Act and the ACJA serve as important legal frameworks that ensure the voluntariness of writing statements and safeguard the rights of suspects throughout the criminal justice process.

Credit:TheNation