It is no longer news that there are also issues arising at police custody concerning individuals’ statements to justify the action which led to their detention, arrest or invitation.
During the cause of one’s arrest and the subsequent detention, an individual is obliged to write a statement following his/her arrest, which according to the law is a form or practice which respects the process of fair hearing.
Statement could be verbal or written but predominantly it could be in written form, specific and coherent. While the verbal aspect comes with an audio recording of the individual.
Just like its articulation, a Statement is a detailed verifiable proof of words, actions, occurrences, attitudes and the reaction of an event leading to an arrest given by an accused in police custody while a petition is written by the plaintiff or complainant in a case.
As far as there are benefits of these statements, there are also grave disadvantages in writing statements, if done ignorantly.
The reason the law has permitted the lawful right to write a statement or go around it when it comes to that point or at that junction.
But there have been issues arising at this point as many Nigerians had written forcefully or voluntarily against themselves. Which is totally not supported by the law.
The bedrock of this is simply ignorance of the law that guides this process of writing.
And secondly, panic or fear expressed by the accused is another major influence behind writing wrongfully.
The Nigerian Police has also failed as part of their duties or obligation to enlighten or sensitize the public about how to go about it.
Part VII- powers of the police officer section 35 (2) says “The police officer, the person making the arrest or the police officer in charge of a police station shall inform the suspect of his rights to:
- Remain silent or avoid answering any question until after consultation with a legal practitioner or any other person of his own choice;
- Consult a legal practitioner of his choice before making, endorsing or writing any statement or answering any question put to him after arrest; and
- Free legal representation by the Legal Aid Council of Nigeria or other organizations, where applicable.
(3) The authority having custody of the suspect shall notify the next of kin or relative of the suspect of the arrest at no cost to the suspect.
Consequently, statements could be used as exhibits in court, which means one needs to be very careful about it or should rather know or seek proper legal guidance before engagement.
Before you go to the police station next time, whether through an invitation or arrest, take your time to read this piece by the Jurist on all you need to know about writing a statement in police custody.
To all readers, you should cease writing a statement without knowing these laws.
These laws will be drawn from the Nigeria Police Act of 2020 and the Administration Criminal Justice Act (ACJA) 2015.
Right to decline
The first right every Nigerian should know during a situation that warrants writing a statement is the right to decline writing or speaking.
You can choose to be silent and you should also say it politely and diplomatically.
Thus, no officer should coax or compel an accused to write a statement. This is backed up by section 60 of the Nigeria Police Act and section 17 of the ACJA.
This part of the law has stated vividly that under no circumstances should an individual be forced to write a statement but rather should be a voluntary action. That is, at his discretion.
The law reads; “where a suspect is arrested on allegation of having committed an offence, his statement shall be taken, If he so wishes to make a statement”.
So you can politely say, “Oh I appreciate your concern officer (s), but I would like to remain silent as regards the law and decline the request to engage in writing or make any statement until I receive my attorney and conditions for my offence”.
Subsequently, the Jurist will also provide you with legal reasons for the conditions listed in the comment above.
In this vein or approach, it has become an offence and breach of the law for an officer to force or torture an accused or defendant to write a statement without exercising his right to volunteer or willingness to write it.
And such can be brought to the court, that the writer or the defendant wrote the statement under duress or coaxion.
Moreover, according to Police Act, section 3 (a) one of the primary function of the police include ” prevent and detect crimes, and protect the rights and freedom of every person in Nigeria as provided in the constitution, the African Charter on Human and peoples rights and any other law”
Succinctly the duties of the police are also to protect your rights while in custody without bias, prejudice, partiality, sentiment or favouritism.
An act such as this is enough for the court not to admit the statement as exhibits and tends to the striking out of such cases.
What should be contained in a statement note
Let us start with content in a statement, this comprises the information that is expected to be added in a legal statement.
Any limit to this content in a statement is to be termed incompetent and incoherent.
Name; Make sure you write your name as indicated in the body of the statement, with the correct spelling as used before. Don’t try to fool the law, it’s implying you’re fooling yourself.
Address:Your exact address or location. You don’t need to lie.
Education: Your education qualification will also do.
Occupation/vocation: This requires you to state what you do for a living.
Nature of arrest/invitation:Here you must include the ways, deeds, and methods used to bring you to custody or writing.
For example, “I was driving from Lokoja and was stopped by an Officer with the name tag Idris Albubarka for a stop and search. After the search, he requested a bride but I declined.
He further handcuffed me and I was taken to the station along with my car, driven by another officer named Ladoke Abass.
In this short write-up, the nature of the arrest has been stated clearly. That is one was arrested during a stop and search.
A brief narration of the incident: The phrase should contain additional details of the event that led to the invitation or arrest. Every stone must be touched in this part.
Note: Be careful about what you write, just make it simple (you are not impressing anyone) and short to avoid mistakes and flaws that could be used against you.
Right to ask for the offence committed and to demand reading the petition against you.
It would also be erroneous to write a statement without the knowledge of one’s offence and reason for the invitation or arrest and the succeeding request to write a statement.
Section 35 (1) states that ” Except when the suspect is in the actual course of committing an offence or is pursued immediately after the commission of an offence or has escaped from lawful custody, the police officer or other person making the arrest shall inform the suspect immediately of the reason for the arrest”
If one consented to writing a statement the next stage is to demand for the offenses that have been brought against one and the request to personally access the petition.
You also have the right to ask the police officer in charge of the offences that have been committed before you write. While you can proceed to decline if they refuse to state your offence.
You also have the right to know the allegations that had been levied against you, before writing or proceeding to write your statement.
This would further help you in the court of law to establish that you would not be properly given to legal requirement for a fair hearing.
Who should write a statement
Some would say the police should be the ones to write a statement for the accused.
But here, under the Nigeria Police Act, the obligation lies solely on the accused but preferably the accused and his lawyer.
In a case where you can not write, the law suggests for audio or interpreter of the individual’s choice.
This is solely to ensure that there is thoroughness, truthfulness, impartiality and evident justification in the statement.
Right to seek for attorney/CSOs or legal entity
The right to seek an attorney or legal representative when arrested is a fundamental human right recognized internationally.
This right is crucial for ensuring a fair and just legal process. It allows individuals to have legal advice and representation, safeguarding their rights during questioning and legal proceedings.
This right contributes to a balanced and equitable justice system.However, These rights of individuals have been predominantly denied in Nigeria because of ignorance and fear.
According to the law, it is illegal to write a statement alone without seeking to write it when your desired lawyer or legal practitioner is around and on standby to guide you while writing.
Section 60 (2) states that “The statement may be taken in the presence of a legal practitioner of his choice, or where he has no legal practitioner of his choice, in the presence of an officer of the Legal Aid Council of Nigeria: an official of a civil society organization or a justice of the peace or any person of his choice, provided that the legal practitioner or any other person mentioned in this subsection shall not interfere while the suspect is making is statement, except for the purpose of discharging his duty as a legal practitioner.”
Right to interpreter or interpretation
In a situation where the defendant is unable to understand the basic knowledge of the English language, it is provided by the law that such individuals seek an interpreter of his/her choice.
While the police wait till such is provided. The interpreter is also mandated to support the statement.
Right to duplication/copy of the statement
There is also the right to ask for a copy of one’s statement, as the police are also encouraged to provide such once the request has been made.
The court’s stance on a statement written under duress
The courts generally view statements obtained under duress as involuntary and may deem them inadmissible as evidence.
The principle is to protect an individual’s right against self-incrimination and ensure that statements are freely given.
If a statement is proven to be coerced, it could be excluded from court proceedings to maintain the integrity of the legal process and uphold the accused person’s rights.
Section 192 of the Criminal Code Act speaks on False declarations and statements.
“Any person who, on any occasion on which he is permitted or required by law to make a statement or declaration before any person authorised by law to permit it to be made before him, makes a statement or declaration before that person which, in any material particular, is to his knowledge false, is guilty of a felony and is liable to imprisonment for three years”.
Section 193 of the Criminal Code Act speaks on evidence.
“A person cannot be convicted of any of the offences defined in sections 191 and 192 of this Code upon the uncorroborated testimony of one witness”
This includes the police and other law enforcement agencies.
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What you should know
Every statement written or recorded as audio with the police is a public document and can be accessed by any individual upon request through the appropriate authority.
It is expedient to invite one’s lawyer before writing, and if you don’t have a lawyer, you can invite a Human rights activist, or even a practicing trained journalist to witness the statement.
Any obstruction to this means no case before the court.