THE TRUTH THAT EVEN SOME EDUCATED NIGERIANS DON'T KNOW: - THE POLICE CANNOT DETAIN A PERSON WHILE STILL CARRYING OUT INVESTIGATION. (By Emeka Ugwuonye)

This is the basic truth that even some Nigerian lawyers do not understand. The police can only detain a person for the purpose of arraigning him in court. The police station is not a destination. It is just a short way to the courts.

Many times, I hear to my utter shock people say that the police detained a person while they conducted investigation. You cannot detain a person based on the fact that somebody petitioned against him.

This is why the constitution said that the police cannot detain a person for more than 24 hours. It is for the court to control the detention of people, not the police. This may sound new to some of you, but there are more than 20 court cases, including those of the Supreme Court of Nigeria, which stated that the police cannot detain a person while still investigating a case or while still searching for evidence.

Two days ago, in Benin City, the Inspector General of Police made the same argument while addressing police officers. He said:

“I don’t expect most of you to bring people into our facility and detain them indefinitely while you are shopping for evidence. You must be able to have evidence before you bring them into our facility. You cannot abridge the fundamental rights of Nigerians; you cannot treat them as if they are people who have been conquered. You must respect these rights,”.

But they do it all the time and many people think they are right. You hear even educated people tell you that the EFCC or the police are detaining this man while investigating the case. That is crazy. Now, let me share with you, particularly the lawyers, the following steps in dealing with lawful taking away of a person's liberty.

STEP 1: ARREST: The first point when you lose your liberty is if you are arrested by an officer of the peace (police, efcc, etc). There is a legal standard that must be met in order for a person to be arrested. That standard is called reasonable suspicion or obtaining a warrant. If the court has issued a warrant for you to be arrested, the warrant is in itself the legal basis for your arrest. But in cases where warrants do not apply, the arresting officer must have a 'REASONABLE SUSPICION" that you committed a crime. This is a serious matter. It has to be a reasonable suspicion. It means that the police officer has reasonable basis or information to sustain the belief that you probably committed a crime. ("probably committed a crime", not "possibly committed a crime"

STEP 2: INDICTMENT OR CHARGING YOU TO COURT: After you have been properly arrested, there is yet another decision that must be made in order for the case against you to go forward. That decision is that somebody will decide whether to charge you to court or not. To make this decision, someone would look at the evidence and the investigation done (before your arrest) and determine whether in his reasonable opinion there is sufficient evidence that would lead to conviction if tried in court. In other words, that person is looking for what we call prima facie case, i.e., whether "on the face of the evidence" (prima facie) there is a case against you. We call it "on the face of the evidence" because you have not yet presented any defenses you may have. So, prima facie case means whether there is evidence to convict if you were to admit all the allegations and discovered during investigation. If there is a prima facie case, they will file charges, (information or an indictment) against you. You are now going to the judge.

Note that with the exception of the warrant issued by the judge, all decisions about arresting you and charging you are made by the executive arm of the government , i.e., the police or the Attorney General.

STEP 3: TRIAL AND CONVICTION: After you have been charged to http://www.controversialada.com/2016/04/lawyers-corner-end-police-intimidation.html

just passing by....

Nice write up... But the truth is, if we ask for your service now, the bill will be excess, that will always give room for police to continue with the extortion.

Is not like citizens don't want to fight for their right, but excess legal fee is scaring everybody away.

Its best to avoid having anything to do wit d police.......coz for me policemen re just trained robbers on uniform

entparrot:
Nice write up... But the truth is, if we ask for your service now, the bill will be excess, that will always give room for police to continue with the extortion.

Is not like citizens don't want to fight for their right, but excess legal fee is scaring everybody away.

I get your point but DPA is an organization cut out for helping people. If money will be required from you at all, then be assured that it is highly needed at the time. It is an organization with No Profit Orientation! Just Join the platform via facebook and knoq how it works

lustychima:
Its best to avoid having anything to do wit d police.......coz for me policemen re just trained robbers on uniform

Avoiding them is just perfect but most times it is not like you go and beg them to arrest you! You dont beg robbers to come rob you do you? so you have to prepare for the eventuality of them coming in contact with you

Controversialad:


Avoiding them is just perfect but most times it is not like you go and beg them to arrest you! You dont beg robbers to come rob you do you? so you have to prepare for the eventuality of them coming in contact with you

you re right