UPDATES:

1. Right to Dignity and Freedom from Torture

Section 34 of the 1999 Constitution of Nigeria prohibits torture, inhuman, or degrading treatment. This is reinforced by Section 8 of the ACJA 2015, which expressly forbids torture, intimidation, or inhumane treatment during arrest and interrogation.

2. Right to Legal Representation

Section 36(6)(c) of the Constitution and Section 17 of the ACJA provide that a suspect is entitled to legal representation at all stages of their case. If a suspect cannot afford a lawyer, the Legal Aid Council or another authorized entity should provide one. In Kabiru v. A.G Ogun State, the court discussed the importance of ensuring that legal counsel is present during confessional statements.

3. Right to Remain Silent

Section 35(2) of the Constitution gives a suspect the right to remain silent until they have consulted their lawyer. This right was explored in Daniel Sugh v. The State (1988), where the court clarified that a suspect's silence cannot be used as an admission of guilt but must be protected as a fundamental right.

4. Protection Against Arbitrary Detention

Section 35(4) of the Constitution mandates that a suspect be brought before a court within 24 to 48 hours, depending on the proximity of the court. Failure to adhere to this time frame renders the detention unconstitutional, as demonstrated in Mrs. Lufadeju v. Evangelist Bayo Johnson (2007).

5. Right to be Informed of Charges

Under Section 35(3) of the Constitution, a suspect must be informed promptly, in a language they understand, of the reasons for their arrest. This aligns with international standards like the International Covenant on Civil and Political Rights (ICCPR).

6. Protection Against Coerced Confessions

Section 29(2) of the Evidence Act 2011 disallows the use of confessions obtained through oppression or inducement. The court's ruling in The State v. Jimoh Salawu (2011) exemplifies the strict tests applied to ensure confessions are voluntary.

7. Right to Bail

Section 30 of the ACJA and judicial precedents grant suspects the right to apply for bail, particularly for non-capital offences. In McLaren v. Jennings (2003), the court criticized the misuse of detention as a tool for debt recovery, emphasizing bail as a remedy for unjustifiable detention.

8. Right to Interpretation

Section 17(3) of the ACJA stipulates that an interpreter must be provided when a suspect does not understand English. However, concerns have been raised about the lack of a clear definition of who qualifies as an interpreter, potentially undermining this safeguard.

9. Right to Privacy

Section 37 of the Constitution protects a suspect’s right to privacy during investigations. This includes limits on search and seizure actions, ensuring they are conducted lawfully and with respect for personal dignity.

10. Right to a Fair Hearing

Section 36 of the Constitution guarantees a suspect the right to an impartial trial within a reasonable time. This right includes access to evidence against them and the opportunity to challenge it in court.

11. Obligation to Record Interrogations

The ACJA requires police to electronically record interrogations to enhance transparency. However, implementation is limited by a lack of facilities, such as CCTV in police stations.

12. Right Against Self-Incrimination

Section 36(11) of the Constitution states that no person shall be compelled to testify against themselves. This mirrors international standards and ensures protection during police questioning and court proceedings.

Remedies for Police Misconduct

The courts have condemned police practices such as using excessive force or detaining relatives to compel suspects to appear. In Gani Fawehinmi v. IGP (2002), the court ruled that such actions are unconstitutional.