YOUR RIGHTS TO KNOW

The whole essence of Crime Literacy is to educate students of crime and the general public on what they need to know about crime and criminal behaviour vis-à-vis what  action to take when they appear before the police. This include: how to prevent crime and reduce crime, and what to do in order to combat it when it eventually occur in the society.

In addition, it is also very important for criminology students and criminal justice scholars respectively to acquaint themselves with the requisite information as well as necessary actions to take when they appear before the police in any criminal matter.

To the general public, YOUR RIGHTS TO KNOW is an eye-opener for all. The “indispensible” nature of the police as the goal-post of the criminal justice systems, therefore, requires that everyone should know his or her rights before the police and the courts. The police as an executive arm of the government, has become to many people, a very useful enterprise; whereas to others, it is a necessary evil. But one thing we all must know for sure, is that we cannot do without the police and the society in general, will no doubt, be lawless and in complete disarray if there is no police. It is either we patronize the police for their numerous services or that we are being mandated by circumstances of life to appear before them as direct or indirect customers because our friends, families, foes and well-wishers have a case before the police – making the police institution an inescapable service industry all over the world.  Therefore, the game of policing is so fascinating that it is either we are playing the game or that we are watching it...not in the stadium but in the society. Crime and offences are part of human society and existence. They are bound to happen. Hence, the police are your friend!

Your Rights to Fair Hearing

The foundation of every law or statutory enactments in Nigeria is the Constitution. Every right due for citizen of Nigeria – male or female, has been guaranteed by the constitution even when a crime is involved. Section 36 (5) of the 1999 Constitution of the Federal Republic of Nigeria with amendments 2011 expressly declared that: “Every person who is charged with a criminal offence shall be presumed innocent until he is proved guilty.”

Criminologically speaking, where the police arrest you for whatsoever reason, the law of the land presumes that you are innocent of the offence until you are proved guilty by a court of competent jurisdiction. This include also where you were arrested at the scene of the crime or even in the process of committing the said crime, the presumption of innocence still holds it water for you.

One of the roles of the police in criminal matter or crime situation is to gather enough information during the course of their investigation to enable them arrest criminal offenders, present them before the court where the court will critically examine the charges and treat the offender according to the doctrines of the law. It is NOT the duty of the police to arrest criminals, prosecute them and award sanctions on behalf of the state or to collect fines or payments in cash or kind. Rather, they are to act as a driver that conveys the criminal to the courts – their expected destination. 

For the purpose of thorough understanding, we have extracted the provisions of Chapter Four of the 1999 Constitution for your information.

CHAPTER IV

FUNDAMENTAL RIGHTS

33 - (1) Every person has a right to life, and no one shall be deprived intentionally of his life, save in execution of the sentence of a court in respect of a criminal offence of which he has been found guilty in Nigeria.

(2) A person shall not be regarded as having been deprived of his life in contravention of this section, if he dies as a result of the use, to such extent and in such circumstances as are permitted by law, of such force as is reasonably necessary -

(a) for the defence of any person from unlawful violence or for the defence of property:

(b) in order to effect a lawful arrest or to prevent the escape of a person lawfully detained; or (c) for the purpose of suppressing a riot, insurrection or mutiny.

34. -(1) Every individual is entitled to respect for the dignity of his person, and accordingly -

(a) no person shall be subject to torture or to inhuman or degrading treatment;

(b) no person shall he held in slavery or servitude; and

(c) no person shall be required to perform forced of compulsory labour.

(2) for the purposes of subsection (1) (c) of this section, "forced or compulsory labour" does not include -

(a) any labour required in consequence of the sentence or order of a court;

(b) any labour required of members of the armed forces of the Federation or the Nigeria Police Force in pursuance of their

duties as such;

(c) in the case of persons who have conscientious objections to service in the armed forces of the Federation, any labour

required instead of such service;

(d) any labour required which is reasonably necessary in the event of any emergency or calamity threatening the life or wellbeing of the community; or

(e) any labour or service that forms part of -

(i) normal communal or other civic obligations of the well-being of the community.

(ii) such compulsory national service in the armed forces of the Federation as may be prescribed by an Act of the National Assembly, or

(iii) such compulsory national service which forms part of the education and training of citizens of Nigeria as may be prescribed by an Act of the National Assembly.

35 -(1) Every person shall be entitled to his personal liberty and no person shall be deprived of such liberty save in the following cases and in accordance with a procedure permitted by law -

(a) in execution of the sentence or order of a court in respect of a criminal offence of which he has been found guilty;

(b) by reason of his failure to comply with the order of a court or in order to secure the fulfillment of any obligation imposed

upon him by law;

(c) for the purpose of bringing him before a court in execution of the order of a court or upon reasonable suspicion of his having committed a criminal offence, or to such extent as may be reasonably necessary to prevent his committing a criminal offence;

(d) in the case of a person who has not attained the age of eighteen years for the purpose of his education or welfare;

(e) in the case of persons suffering from infectious or contagious disease, persons of unsound mind, persons addicted to drugs or alcohol or vagrants, for the purpose of their care or treatment or the protection of the community; or

(f) for the purpose of preventing the unlawful entry of any person into Nigeria or of effecting the expulsion, extradition or other lawful removal from Nigeria of any person or the taking of proceedings relating thereto:

Provided that a person who is charged with an offence and who has been detained in lawful custody awaiting trial shall not continue to be kept in such detention for a period longer than the maximum period of imprisonment prescribed for the offence.

(2) Any person who is arrested or detained shall have the right to remain silent or avoid answering any question until after consultation with a legal practitioner or any other person of his own choice.

(3) Any person who is arrested or detained shall be informed in writing within twenty-four hours (and in a language that he understands) of the facts and grounds for his arrest or detention.

(4) Any person who is arrested or detained in accordance with subsection (1) (c) of this section shall be brought before a court of law within a reasonable time, and if he is not tried within a period of –

(a) two months from the date of his arrest or detention in the case of a person who is in custody or is not entitled to bail; or

(b) three months from the date of his arrest or detention in the case of a person who has been released on bail, he shall (without prejudice to any further proceedings that may be brought against him) be released either unconditionally or upon such conditions as are reasonably necessary to ensure that he appears for trial at a later date.

(5) In subsection (4) of this section, the expression "a reasonable time" means -

(a) in the case of an arrest or detention in any place where there is a court of competent jurisdiction within a radius of forty kilometres, a period of one day; and

(b) in any other case, a period of two days or such longer period as in the circumstances may be considered by the court to be reasonable.

(6) Any person who is unlawfully arrested or detained shall be entitled to compensation and public apology from the appropriate authority or person; and in this subsection, "the appropriate authority or person" means an authority or person specified by law.

(7) Nothing in this section shall be construed -

(a) in relation to subsection (4) of this section, as applying in the case of a person arrested or detained upon reasonable suspicion of having committed a capital offence; and

(b) as invalidating any law by reason only that it authorises the detention for a period not exceeding three months of a member of the armed forces of the federation or a member of the Nigeria Police Force in execution of a sentence imposed by an officer of the armed forces of the Federation or of the Nigeria police force, in respect of an offence punishable by such detention of which he has been found guilty.

36 (1) In the determination of his civil rights and obligations, including any question or determination by or against any government or authority, a person shall be entitled to a fair hearing within a reasonable time by a court or other tribunal established by law and constituted in such manner as to secure its independence and impartiality.

(2) Without prejudice to the foregoing provisions of this section, a law shall not be invalidated by reason only that it confers on any government or authority power to determine questions arising in the administration of a law that affects or may affect the civil rights and obligations of any person if such law -

(a) provides for an opportunity for the persons whose rights and obligations may be affected to make representations to the administering authority before that authority makes the decision affecting that person; and

(b) contains no provision making the determination of the administering authority final and conclusive.

(3) The proceedings of a court or the proceedings of any tribunal relating to the matters mentioned in subsection (1) of this section (including the announcement of the decisions of the court or tribunal) shall be held in public.

(4) Whenever any person is charged with a criminal offence, he shall, unless the charge is withdrawn, be entitled to a fair hearing in public within a reasonable time by a court or tribunal:

Provided that -

(a) a court or such a tribunal may exclude from its proceedings persons other than the parties thereto or their legal practitioners in the interest of defence, public safety, public order, public morality, the welfare of persons who have not attained the age of eighteen years, the protection of the private lives of the parties or to such extent as it may consider necessary by reason of special circumstances in which publicity would be contrary to the interests of justice;

(b) if in any proceedings before a court or such a tribunal, a Minister of the Government of the Federation or a commissioner of the government of a State satisfies the court or tribunal that it would not be in the public interest for any matter to be publicly disclosed, the court or tribunal shall make arrangements for evidence relating to that matter to be heard in private and shall take such other action as may be necessary or expedient to prevent the disclosure of the matter.

(5) Every person who is charged with a criminal offence shall be presumed to be innocent until he is proved guilty; Provided that nothing in this section shall invalidate any law by reason only that the law imposes upon any such person the burden of proving particular facts.

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