In recent times the issue of public parade of criminal suspects has become a trend in the Nigerian criminal justice system. Public parade of suspect is basically a practice among law enforcement agents where persons suspected of having committed criminal offences are put forward before pressmen or the members of the public pending the arraignment of the suspects in court. In most instances after such public parade, some of the suspects are eventually released from police custody for lack of sufficient evidence to link them with the alleged offence.
It is also not unusual for the paraded suspect to be discharged and acquitted by the court.
After the release of the suspect is left with the public impression of being a criminal as the press men before whom the suspect is paraded are not invited and the allegation retracted before them.
With the trending rate of public parade of suspects by Nigerian Law enforcement agents both on electronic and print media and also the display of suspects before crowd of people, one may be in doubt as to the legality of this action considering the fact that those parading the suspects are the ones saddled with the responsibility of enforcing laws and should therefore know the law.
Several arguments have been put forward as to the merits of public parade of suspects. The arguments in favour of public parade of criminal suspects majorly come from law enforcement agents, particularly the police.
It has been reasoned that public parade of suspects by the police is to boost public morale of the police men on patrol as well as well as to promote the efficiency and the capacity of the Police to detect crime in the society. It is also seen as deterrence to other members of the public watching or reading about the paraded suspects to desist from crime.Arguments in favour of public parade of suspects have been pushed further that the suspects are paraded as suspects not as convicts and as such they are not being prejudged by the police.
In essence, from the perspective of some individuals like the law enforcement agents, public parade of criminal suspects is seen as a welcome development which would boost public confidence in the Law enforcement agents and make the public consider them as being proactive.
There could be some administrative justification for the public parade of suspects. However the legality of this barbaric idea can be questioned, particularly when the Fundamental Rights provisions of the Constitution are put into perspective. The Constitution specifically provides that:
Every person charge with a criminal offence shall be presumed to be innocent until he is proved guilty.
Article 7(b) of the African Charter on Human and Peoples’ Right provides that :
Every individual shall have right to have his case heard. This comprise the right to be presumed innocent until proved guilty before a competent Court or tribunal
The necessary implication of the above provisions is that a person suspected of criminal offence is to be given the benefit of doubt until his guilt has been established in court. Presumption of innocence extends to the kind of treatment the suspect is expected to be given. Parading an individual before the public as a suspect cannot obviously be said to be in compliance with the presumption of innocence as such parade is aimed at giving the impression of guilt on the mind of the public viewing the suspect.
Another legal implication of public parade of criminal suspect is that it amounts to a violation of the suspect’s right to dignity of human person. Section 34 (1) of the Constitution provides that:
Every individual is entitled to respect for the dignity of his person, and accordingly (a.) no person shall be subjected torture or to inhuman or degrading treatment
The above provision clearly negates the public parade of suspect as it amount to a degrading treatment for a suspect to be paraded in public before the press as a criminal suspect. Furthermore the manner in which the suspect are paraded leaves no one in doubt as to their guilt as they are often half naked having had their cloths seized and made to sit on bare floor oftentimes in handcuffs with various dangerous weapons and life ammunitions arranged in front of them. The law requires that a person arrested must be given a human treatment and not be subject to any degrading treatment.
It is also a form of psychological torture for suspects to be forced to accede to various criminal offences before the public. Torture is totally opposed to the presumption of an accused person. The legality of public parade of criminal suspects in Nigeria remains an issue of divergent views until there is a specific court pronouncement on it.




Contact & Orders 📞 0704 444 4777 | 0704 444 4999 | 0818 199 9888 🌐 www.alexandernigeria.com
______________________________________________________________________
[A MUST HAVE] Evidence Act Demystified With Recent And Contemporary Cases And Materials
