THE RIGHT TO REMAIN SILENT WHEN ARRESTED

[Olajire Deborah]

Right To Remain Silent When Arrested

This is a guaranteed provision of your fundamental human right included in the Constitution for your sake. For emphasis, let me repeat word for word what the Constitution says:

“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.”

This is constitutional provision which many Nigerians are too timid to enforce. When the Police arrest or detain a suspect for any offence at all, it is the right of such a suspect to refuse to make any statement or answer any question until he consults with his lawyer or any other person of his choice. Many a times, the Police arrest a suspect and force him to make a statement or clamp in detention without access to his lawyer, doctor or family members. This is wrong and unconstitutional.

The purpose why the law makes provision for a suspect not to make statement until after consultations is to prevent the suspect from making statements that will incriminate him as a suspect. Most times when the Police arrest a suspect, they hurriedly force him to make a statement before his lawyer or any of his relations arrive. They do this so they can force him to incriminate himself or make a supposed confessional statement which they can use to intimidate and bargain for “bail money”. A suspect who does not know his rights may be forced into this situation. But, where he insists on his rights, he is entitled to discuss with his lawyer for the purpose of gaining legal advice on the charge against him, before making any statement.

Note that it does not have to be his lawyer only. A person arrested or detained is entitled to refuse to make a statement until he consults with any person of his choice also. Such a person could be his father, mother, brother, friend, relation, or anybody for that matter.

So, when the Police arrest or detain you for any charge whatsoever, it is your constitutional right to insist that you would not answer any question or make any statement until you consult with the person of your choice. Do not let the Police harass or intimidate you into abandoning your right. You are entitled to it under the Constitution; but Nigeria Police may not allow you to exercise that right unless you insist on it.

Atimes, the Police may deride or threaten you when you insist that you would not make statement or answer any question until you make your consultations. They may threaten to detain you in the cell or prevent anybody from gaining access to you. They may make jest of you as “too know” or “over sabi”. You just maintain your stand. Remind them that it is your constitutional right and that you know your right under the Constitution. You are not the writer of the Constitution. So, those who made the Constitution must have their reasons for making this provision. Everybody is subject to the Constitution, including the Police. And laws are meant to be obeyed.

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