"Salus populi suprema lex esto" — The welfare of the people shall be the supreme law.
Introduction
Interactions with law enforcement can be intimidating, particularly where an individual is invited for questioning, arrested, or becomes the subject of a criminal investigation. In such circumstances, a lack of awareness of one's legal rights may expose a person to intimidation, unlawful detention, coerced statements, or other violations of fundamental rights.
In Nigeria, the Nigeria Police Force is vested with statutory powers to investigate criminal offences, question suspects and witnesses, gather evidence, and maintain public order. However, these powers are not absolute. They are circumscribed by the Constitution of the Federal Republic of Nigeria, 1999 (as amended), statutory enactments, judicial decisions, and established principles of due process.
Fundamental rights such as the right to dignity of the human person, personal liberty, legal representation, fair hearing, and protection from torture are not privileges granted at the discretion of law enforcement officers. They are legally enforceable rights guaranteed by law.
Despite these protections, many citizens remain unaware of the safeguards available to them during police interrogation. This knowledge gap often contributes to instances of unlawful detention, coercion, procedural irregularities, and other infringements of constitutionally guaranteed rights.
This article examines the legal framework governing police interrogation in Nigeria, the rights available to individuals undergoing questioning, the obligations imposed on law enforcement authorities, and the practical steps every person should take to safeguard those rights.
What Is Police Interrogation?
Police interrogation refers to the process by which law enforcement officers question a suspect, witness, or any person believed to possess information relevant to the investigation of an alleged criminal offence.
The purpose of interrogation is to obtain information that may assist in determining whether an offence has been committed and identifying those responsible. However, interrogation is merely an investigative tool; it is not a mechanism for determining guilt.
Under Nigerian law, every person accused of a criminal offence is presumed innocent until proven guilty by a court of competent jurisdiction. Consequently, the fact that an individual is being questioned by the police does not amount to proof of criminal liability.
As the legal maxim states, ei incumbit probatio qui dicit, non qui negat—the burden of proof lies on the person who asserts, not on the person who denies.
The Legal Framework Protecting Your Rights
The rights of persons undergoing police interrogation are protected by various legal instruments, including:
The Constitution of the Federal Republic of Nigeria, 1999 (as amended);
The Police Act, 2020;
The Administration of Criminal Justice Act (ACJA), 2015;
The Evidence Act, 2011;
The Anti-Torture Act, 2017;
The Fundamental Rights (Enforcement Procedure) Rules, 2009; and
The African Charter on Human and Peoples’ Rights (Ratification and Enforcement) Act.
Collectively, these laws seek to ensure that criminal investigations are conducted lawfully, fairly, and with due regard for human dignity and the rule of law.
1. The Right to Remain Silent
Section 35(2) of the Constitution guarantees every person who is arrested or detained the right to remain silent or avoid answering questions until after consultation with a legal practitioner or any other person of their choice.
This means that:
You cannot be compelled to answer questions that may incriminate you.
Exercising your right to remain silent does not amount to an admission of guilt.
You are entitled to seek legal advice before making any statement.
Choosing to remain silent pending legal advice is a constitutional safeguard and should never be interpreted as evidence of culpability.
2. The Right to Consult a Legal Practitioner
Every suspect has the constitutional right to consult a legal practitioner of his or her choice before making any statement to law enforcement authorities.
Access to legal representation serves several important purposes, including:
protecting suspects from intimidation or coercion;
ensuring that statements are made voluntarily;
safeguarding constitutional rights throughout the investigative process; and
promoting accountability and fairness during police investigations.
A denial of reasonable access to legal counsel may constitute a violation of the constitutional rights to personal liberty and fair hearing.
3. The Right to Be Informed of the Reason for Arrest
Section 35(3) of the Constitution requires that every person arrested be informed promptly, in a language that he or she understands, of the facts and grounds for the arrest.
Police officers are therefore required to explain:
the offence being investigated;
the legal basis for the arrest; and
the reason the individual is required for questioning.
An arrest carried out without disclosure of the reason for the arrest undermines constitutional safeguards and may be challenged before a court of law.
4. Freedom from Torture, Cruel, Inhuman, or Degrading Treatment
Section 34 of the Constitution guarantees the dignity of every individual and prohibits torture as well as cruel, inhuman, or degrading treatment.
Similarly, the Anti-Torture Act, 2017 criminalises all forms of torture, including:
physical assault;
severe beatings;
electric shocks;
suffocation;
psychological abuse;
threats;
intimidation; and
any act intended to compel a confession through pain, fear, or suffering.
The prohibition against torture is absolute. No investigative objective or law enforcement necessity can lawfully justify torture or inhuman treatment.
Law enforcement officers who engage in torture may incur criminal, civil, and disciplinary liability.
5. Confessions Must Be Voluntary
Sections 28 and 29 of the Evidence Act, 2011 provide that a confession is admissible only where it is made voluntarily.
Any confession obtained through:
violence;
threats;
inducement;
oppression;
torture; or
promises of advantage,
may be declared inadmissible by the court.
Where the voluntariness of a confession is challenged, the court may conduct a trial-within-trial (voire dire) to determine whether the statement was freely and voluntarily made.
Nigerian courts have consistently maintained that voluntariness is the foundation of the admissibility of a confessional statement. The courts have repeatedly held that a confession obtained through oppression, coercion, or improper inducement cannot be relied upon in criminal proceedings.
6. The Right Not to Sign Any Statement You Do Not Understand
A suspect is under no legal obligation to sign any statement that:
was not voluntarily made;
contains inaccuracies;
has been altered;
was not read and explained; or
does not accurately reflect what was communicated.
Before signing any statement, it is advisable to:
read it carefully;
request corrections where necessary;
seek clarification if any part is unclear; and
insist on the assistance of an interpreter where language presents a barrier.
A signed statement may later be tendered as evidence in legal proceedings. Caution should therefore be exercised before endorsing any document.
7. Recording of Confessional Statements
Section 15(4) of the Administration of Criminal Justice Act, 2015 encourages transparency in the taking of confessional statements by providing for electronic recording where practicable or the presence of a legal practitioner or other appropriate persons during the recording process.
This provision enhances the credibility of confessions and serves as a safeguard against allegations of coercion, intimidation, or misconduct.
The increasing use of technology in criminal investigations reflects a broader commitment to accountability and procedural fairness within the justice system.
8. The Right to Be Brought Before a Court Within a Reasonable Time
Section 35(4) of the Constitution provides that any person arrested or detained must be brought before a court within a reasonable time.
A "reasonable time" generally means:
within 24 hours where a court is situated within a radius of 40 kilometres; or
within 48 hours, or such longer period as may be considered reasonable by the court where no court is available within that distance.
Detaining a suspect beyond these constitutional limits without lawful justification may amount to unlawful detention and a violation of the right to personal liberty.
Nigerian courts have consistently emphasised the importance of compliance with constitutional safeguards relating to personal liberty and due process.
9. The Right to Medical Attention
Where an arrested person is ill, injured, or requires urgent medical treatment, law enforcement authorities have a duty to facilitate access to appropriate medical care.
Failure to provide necessary medical attention may constitute a breach of the constitutional right to dignity and may expose the authorities to legal liability.
The responsibility to preserve life and human dignity does not cease merely because an individual is in police custody.
10. The Right to Be Treated with Dignity and Respect
The Police Act, 2020 requires police officers to discharge their duties professionally, lawfully, and with respect for the rights and dignity of all persons.
Accordingly, officers should refrain from:
intimidation;
harassment;
extortion;
degrading language;
unlawful detention;
physical assault; and
other forms of abuse of authority.
Professional and lawful policing not only protects citizens but also strengthens public confidence in the administration of justice.
Practical Steps to Protect Yourself During Police Interrogation
If you are invited to a police station or arrested for questioning:
Remain calm, respectful, and cooperative.
Ask for the reason for your arrest or invitation.
Request to speak with your lawyer before making any statement.
Do not resist lawful arrest.
Do not sign documents you do not understand.
Avoid offering or paying unofficial money to any officer.
Take note of the names of officers involved, the station, and the time and date of your interrogation.
Inform a trusted relative, friend, or legal representative where practicable.
Cooperate with lawful investigations while firmly asserting your legal rights.
Knowledge, composure, and timely legal representation can significantly reduce the risk of rights violations.
Remedies Where Your Rights Are Violated
Where a person's rights are infringed during police interrogation, several legal remedies may be available, including:
an application for the enforcement of fundamental rights under the Fundamental Rights (Enforcement Procedure) Rules, 2009;
a civil action for damages arising from unlawful arrest, unlawful detention, assault, torture, or malicious prosecution;
petitions to relevant oversight bodies, including the Police Complaint Response Unit (CRU) and the National Human Rights Commission;
disciplinary proceedings against erring officers; and
criminal prosecution where the circumstances disclose the commission of an offence.
Prompt legal advice should always be sought where there is an allegation of unlawful police conduct.
Conclusion
The protection of fundamental rights during police interrogation is essential to preserving public confidence in the administration of criminal justice. Although the Nigeria Police Force possesses broad investigative powers, those powers must always be exercised within the framework of the Constitution and other applicable laws.
Every citizen should understand that the right to remain silent, the right to legal representation, the right to be informed of the reason for arrest, and the right to be free from torture and unlawful detention are not mere procedural formalities. They are substantive legal guarantees designed to protect human dignity, preserve personal liberty, and ensure fairness in criminal investigations.
An informed citizen is better equipped to engage with law enforcement responsibly while safeguarding his or her legal rights. Where those rights are violated, the law provides effective remedies through the courts and relevant oversight institutions.
As the legal maxim ubi jus ibi remedium reminds us, where there is a right, there is a remedy. Understanding your rights is therefore the first step towards protecting them.
At SNATHAP LAW FIRM, we are committed to protecting the rights, freedoms, and interests of individuals and organisations. If you require legal advice or representation concerning police investigations, arrests, detention, police misconduct, or the enforcement of fundamental rights, our team is available to provide professional guidance, strategic representation, and practical legal solutions tailored to your circumstances.
Protecting your rights begins with understanding them. Where those rights are threatened or violated, timely legal intervention can make all the difference.
Disclaimer
This article is provided solely for general informational and educational purposes and does not constitute legal advice. The information contained here is intended to provide a general overview of the law and should not be relied upon as a substitute for obtaining professional legal advice.
Readers are encouraged to seek independent legal counsel regarding any matter discussed in this publication, as the application of the law may vary depending on the specific facts and circumstances of each case.
Nothing contained in this article creates a solicitor-client relationship between the reader and SNATHAP LAW FIRM. For advice regarding any legal issue, professional legal consultation should be obtained.
No comments:
Post a Comment