CONSTITUTIONAL RIGHTS AVAILABLE TO AN ARRESTED SUSPECT

The constitutional rights available to the suspects are:

1) RIGHT TO SILENCE: the constitution provides in section 35 (2) CFRN that every citizen who is arrested in connection with any crime, no matter the nature of the crime to remain silent until he has conferred with his solicitor. Also section 6 (2) of ACJA provides that words cannot be forced out of the mouth of a suspect. A statement at the police station is not a duty of the suspect. If he does not want to volunteer a statement, he cannot be compelled to do so.  This right is also known as right to self-incriminatory.

2) RIGHT TO BE INFORMED (IN WRITING) OF THE REASON OF HIS ARREST: This right according to section 35 (3) CFRN must be accorded to the suspect within 24 hours and in a language he understands. Also, this is provided for in section 15 (4) of ACJA, which further provides that apart from written, it may be recorded electronically.

3) THE RIGHT TO HAVE A SOLICITOR PRESENT AT INTERVIEWS: This provided for under section 35 (2) CFRN.  It is incumbent on the police to tell the suspect that he has such rights. The reason for this action is because a suspect may be frightened, disoriented and therefore suspicious of everyone around him. Section 17 (2) ACJA provides that such statement may be taken in the presence of a legal practitioner of his choice ,or where he has no legal practitioner in the presence of the legal aid council of Nigeria.

4) RIGHT TO FREEDOM FROM UNNECESSARY RESTRIANT: The constitution guarantees to every citizen the right to dignity of human person. The attitude of police officers to hand cuff, leg cuff, waist cuff like a dog is a degrading treatment to citizens. This is in most case where no weapon was found with them.

5) RIGHT TO BE BROUGHT BEFORE A COURT OF LAW: Section 35( 4) CFRN recognizes the right of any person arrested in connection with any offence to be brought before a court of law within a reasonable time. Also stated in section 35(5) b. That reasonable may be a period of two days. See section 17 (1) ACJA.

6) RIGHT TO BAIL:  When a person is arrested by the police and he is not brought immediately to court, he is entitled to bail pending his arraignment of further investigation. See Eda vs COP.

7) RIGHT TO DECENT CELL CONDITIONS AND FACILITIES: A suspect is not a criminal until proven otherwise. He is simply in custody pending investigation, so he should be kept in a decent place conducive enough for human beings. See section 8 ACJA.

8) REASONABLE TIME AND FACILITY TO PREPARE FOR DEFENCE:  A suspect is also entitled to reasonable time and facilities to prepare for his defense. This requires that he should be served with a copy of the charge as well as advance  copies of other documents the prosecution intends to use against him/her. See section 9 Administration of Criminal Justice Law (ACJL) 2011.