Presumption Of Innocence
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Presumption Of Innocence
Perhaps, the most important ingredient of fair hearing is that every person who is charged with a criminal offence is presumed innocent until he is proved guilty. In practice, the police in Nigeria go against this constitutional provision in the ways they deal with suspects. They conduct investigations with the wrongly pre-determined mindset and unlawful presumption that a person accused of a crime is already guilty and he is the one required to prove his innocence. Hence, most times they engage in punishing the suspect while at their stations. They clamp the suspect in cell for several days, atimes denying him access to his family members and visitors, or to food and medication. They beat and dehumanize suspects in their custody because of their faulty mentality that whoever is accused of an offence is already guilty. This is wrong and unconstitutional.
The presumption of innocence of an accused person means the police are to investigate, firstly, to determine if there are sufficient facts to suggest that the accused person may be connected with the crime. Secondly, where it is established that the accused may be connected, it is their duty to look for the evidence to link the accused with the crime alleged. It is not for the accused person to supply the evidence. The police must conduct investigations to determine what are the evidence connecting the accused person with the crime.
The sad reality with the Nigerian Police is that they sit in their stations and expect the accused persons to make confessional statements to them. And, in order to extract these confessions most times, the Police employ all illegal and unlawful means like beating and torturing their suspects. This is wrong and against every civilized method of crime investigations. It is nothing short of professional incompetence and official laziness for Policemen to beat and torture their suspects in order to get confessions from them. They ought to go out and conduct full investigations in the matter. It is, therefore, a derogation of a citizen’s fundamental human rights to presume him guilty before he is charged to court.
I said in my book, KNOW YOUR RIGHTS AGAINST THE POLICE AND IN COURT IN CRIMINAL MATTERS, it is wrong for the police to declare a person guilty at their stations and go ahead to punish him for the crime through long detentions, beatings and torture. It is completely unconstitutional and not within their powers and jurisdiction. It is not the duty of the police to adjudge a person guilty or punish him for an alleged crime, even if the person was caught red-handed. He is still presumed innocent until his guilt is proved. The constitutional role of the police is, therefore, to investigate the crime, gather the evidence and then present these evidence and facts before the court of law. It is only the court that can pronounce a citizen guilty and punish him for a crime.
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