Under a new law (Administration of Criminal Justice Law) in Abuja, Kaduna, Lagos, Delta, Edo and other States, there are certain human rights protections for all Nigerians whenever they face arrest by security agencies.
Here are the Top 7 of these Human Rights protections:
#1: You Are Entitled to a Telephone Call
Anyone who is arrested must be given a telephone to contact one person of his choice. This is fundamental to the integrity of the investigation process. The arresting officer must be able to prove that he informed the suspect of his right to a telephone call. Any suspect kept incommunicado can thereafter question the entire process as lacking in legality.
#2: You Should Not Be Questioned Without A Lawyer Present
No interview, interrogation or questioning should take place unless the suspect is represented by a Lawyer. So, the Police must henceforth not interview any suspect unless a lawyer is present.
#3: You Do Not Have To Answer Any Question Without Your Lawyer Being Present
The suspect has the right not to answer any question until after consulting with his lawyer, unless the suspect declines legal representation. Although the lawyer is not to interfere with the interview process, but he has a duty to advise the client on which questions to answer or which not to answer pursuant to the constitutional guarantee against self incrimination.
#4: Any Confessions Should Be In Writing And Recorded
Where the suspect wishes to confess to the crime, such confession must be in writing and also electronically recorded on CD. No confession obtained contrary to this will be admitted in evidence.
#5: You Can Immediately Approach A Magistrate For Bail
Any person who is arrested can immediately approach a Magistrates Court for bail. The application can be by motion. Then the Magistrate will issue an order on the Police to produce the suspect in court and explain why such person should not be released on bail immediately.
In any event, the days of perpetual holding charge is no more. Every person brought before a Magistrate can be released on bail immediately. But in some jurisdictions, if the offence is a capital one, the Magistrate can remand the suspect in prison (on the application of the Prosecution) for 14 days only, in the first instance.
#6: Magistrates Should Visit The Police Station Every Month
Every Magistrate in charge of a District must visit the police station at least once a month to inspect the detainees’ list. The purpose of this obligation is to ensure that the Police do not unduly detain suspects
#7: You Can Complain If The Magistrate Fails To Visit
So, if the Magistrate in charge of your area does not perform his/her duty, you can either approach the Magistrate to ask that the situation should be remedied, or if there is no improvement, report the matter to the Administration of Justice Monitoring Committee, to the Presiding High Court Judge of the Judicial Division or directly to the Chief Judge of the State.
