Daily Law Tips (Tip 506) by Onyekachi Umah, Esq., LLM. ACIArb(UK)
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WHAT MUST HAPPEN BEFORE ARRESTED PERSON CAN ANSWER QUESTION FROM ANY SECURITY AGENT.
The constitution of Nigeria is the greatest of all laws in Nigeria. Things provided or stated by the constitution cannot be changed by any other law, government, order, signal, instrument, person, code, policy, training manual or handbook of any agency or outfit. The constitution provides what must happen before any arrested person can answer any question from any arresting officer or agency in Nigeria.
By the constitution of Nigeria, an arrested person has a statutory right to remain silent or avoid answering any question until after consultation with any legal practitioner or any other person the arrested person chooses. So, arresting officer/agency must assist an arrested person to communicate with a lawyer or any person of choice of the arrested person before questioning arrested person.
Note that the above mentioned right is a fundamental human right and as such an aggrieved person can approach a High Court for enforcement of his rights or that of another arrested person. This can be done during or even after the breach of such human rights. Please, engage and speak with a lawyer when your right is breached.
My authorities are sections 35(2), 318 and 319 of the Constitution of the Federal Republic of Nigeria, 1999. And, also sections 6(2)(a), 494 and 495 of the Administration of Criminal Justice Act, 2015 and other similar laws across States in Nigeria.
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