YOUR RIGHTS AGAINST THE POLICE; FREEDOM FROM POLICE TORTURE AND BRUTALITY

[Motolani Olayiwola]

As earlier stated, every citizen of this country is guaranteed his/her constitutional rights and liberty. The ACJA 2015 has further amplified this constitutional provision in relation to offences and suspects. In Section 8 subsection (1), the law specifies as follows:
“(1) A suspect shall: (a) be accorded humane treatment, having regard to his right to the dignity of his person; and (b) not be subjected to any form of torture, cruel, inhuman or degrading treatment.”

a. Freedom From Beating, Long Detention, Threats, Harassments, Etc.
It is wrong, unlawful and unconstitutional for the Police to torture their suspects under any guise and for any reason whatsoever. This is not only so under Nigerian laws, but also under African and United Nations Charters on Human Rights. So, this is recognized worldwide.
Nigerian policemen are fond of torturing their suspects in order to force them to “confess”. Some of the torture methods used include the following: flogging and beating, hanging, using wooden pallets stuffed with nails, using electrical shock, shooting on the leg and so on.

b. Police Use Of Handcuffs, Guns, Batons, Etc.
By law, the Police are empowered to use batons, handcuffs, guns and other lawful weapons in the process of apprehension of a suspect. But these weapons are to be used where there is a threat of violence by the suspect or an attempt to run away, not as a weapon of punishment. If a man does not resist arrest and does not struggle or threaten violence on a police officer, then it is wrong for the police officer to handcuff the suspect.

c. You Must Honor Police Invitation
Atimes, the Police send letters of invitation to a person suspected of committing a crime or in the course of an investigation. I have indicated it in Chapter 3 above, and let me reiterate it here that as a responsible citizen, it is advisable to honor such invitations on the date stated on it or as soon as you can. If there is any reason why you cannot immediately honor this invitation, then communicate this with the police officer in charge for a rescheduling.

d. Do Not Resist Police Arrest
A responsible citizen should not resist or evade police arrest, particularly when you know you are innocent of the crime alleged against you. Even where you are guilty, you are still not encouraged to resist Police arrest. Remember that the Police are only to investigate and prosecute an offender, and not to punish or pronounce him guilty.
And note that when you resist Police arrest, they are entitled to use reasonable force to compel you to follow them to their station.

e. You Must Cooperate With The Police
You are also required to cooperate with the Police in the course of an investigation. Cooperating does not mean bribing or allowing the Police to trample on your rights or force you to do things which are not lawful. But you are required to supply every information and details that will aid the Police in the course of their investigations, as long as you wish to. Supplying this information must be voluntary. And remember as we have learnt before that it is also your right to choose to remain silent or not answer any question until you consult with your lawyer or any person of your choice.

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