Skip to main content

Parade of suspects unconstitutional- Lawyers

wig

Some Lagos-based lawyers have condemned parading of arrested suspects by the police, saying it is unconstitutional and damaging to the person involved.

They said that often those paraded were innocent and in the event of their being pronounced innocent by the courts of competent jurisdiction, the police never re-parade them.

Mr. Olawale Apanisile said that parading suspects undergoing investigation was illegal and could not be justified.

Apanisile said that parading suspects before the public and media as criminals was damaging to the reputation and personality of the individual.

He said that it was a violation of Section 34 (1) and 36 (1) of the Constitution of the Federal Republic of Nigeria, 1999.

According to Apanisile, Section 34 states that every individual is entitled to respect for the dignity of his person and (1) (a) no person shall be subject to torture or to inhuman or degrading treatment.

“In a bid to show to the public that the police are working and are up to the task of safeguarding the country, they display suspects like medals and trophies to the media,” he said.

The lawyer said that during the arrest, investigation and arraignment, the accused should be treated with respect as they were presumed innocent until proven guilty.

“The police and other law enforcement agents should treat an accused the same way they will treat any other law abiding citizens.

“Most Nigerians do not know their fundamental human rights, but if the police had been slammed with lawsuits by paraded suspects, then such impunity will not be the order of the day.

“Some who know their rights are too scared to press charges,” he said.

He urged human rights activists to educate and come to the aid of the populace to put an end to the practice of media trial by the police.

“This practice must stop no matter how grievous the crime an accused committed.

“We should leave it to the courts to administer justice so that after the accused has been acquitted or convicted he can go back to living his life in peace,” he said.

Apanisile, however, said that the only time the law allowed for an accused to be paraded was during an identification parade.

According to him, in an identification parade, an accused will be placed with people who have a similar physical appearance with him and paraded before witnesses to know if they will recognise the suspect.

“The parading of suspects before newsmen is not obtainable in Britain but in America, they do perpetrators walk commonly known as ‘perp walk’.

“In Britain, accused are brought to court in a vehicle with tinted glasses which makes it impossible for the public to see them,” he said.

According to Wikipedia, perp walk is a common custom of American law enforcement, the practice of taking an arrested suspect through a public place at some point after an arrest, creating an opportunity for the media to take photographs and video of the event.

Mr. Chris Okani urged the Nigerian police to stop the parade of suspected armed robbers and other alleged criminals before the public prior to arraignment.

Okani said that parading suspects by the police prior to charging them to court for trial and being found guilty was an aberration.

He also noted that a suspect was presumed innocent until proven otherwise by a court of law after full trial.

He said the police was only permitted to parade suspects if there was a need for identification of the suspect by a witness who claims to have seen the suspect commit the alleged offence.

Mr. Alozie Nwoke said: “The police are usually under pressure to clean up their image before the public and the Federal Government has given rise to this kind of practice.

“Owing to the pressure, suspects are often paraded so as to show that the police are working.

“The police then get some kind of approval that they are doing well but most times they parade innocent persons.

“Our law provides that every suspect is presumed innocent until proven guilty by a court of competent jurisdiction”.

The legal practitioners decried the act, saying that should the suspects be acquitted, the police would not re-parade them as being innocent.

Comments

Popular posts from this blog

Court grants Fani-Kayode N50m bail

Fani-kayode sandwiched by EFCC officials Justice James Tsoho of the Federal High Court Abuja on Thursday granted a N50m bail to former spokesman of the Goodluck Jonathan Campaign Organisation, Chief Femi Fani-Kayode. Fani-Kayode was arraigned by the Economic and Financial Crimes Commission (EFCC) on a five-count charge of money laundering to the tune of N26m. Fani-Kayode is the sole defendant in the fresh charges numbered, FHC/ABJ/CR/140/2016. The EFCC accused the defendant of diverting 26 million Naira allegedly received from the ONSA while Sambo Dasuki was in office. The anti-graft agency also accused him of handling the said N26 million without going through financial institution as required under the Money Laundering Act. The embattled former minister is already facing 17-count charge of money laundering before the Lagos Division of the court, along with a former Finance Minister; Nenadi Usman, Danjuma Yusuf and a firm; Joint Trust Dimension Nigeria Limited. They were charg

FG berates US congressman over comment

Lai Mohammed, Minister of Information and Culture Photo: Femi Ipaye/PM News The Federal Government has described as sadly out of tune with reality the published letter from US Congressman Tom Marino to Secretary of State John Kerry, asking the US to withhold security assistance to Nigeria on the strength of some imaginary infraction by the Buhari Administration. In a statement issued in Abuja on Sunday, the Minister of Information and Culture, Alhaji Lai Mohammed, said Congressman Marino was poorly informed about the issues he commented on, wondering why he did not take the pains to get first hand information from the US Embassy in Nigeria or any other credible source before engaging in what is nothing but a ‘propaganda of his own imagination’. The Minister said by asking the US to refrain from selling warplanes and other military equipment to Nigeria based on a faulty premise, the Congressman has demonstrated a poor understanding of global security issues. ”Insecurity anywhere i

Aubameyang leads Gabon to Nations Cup

Pierre-Emerick Aubameyang Pierre-Emerick Aubameyang leads the cast for Gabon as the hosts became the first team to name their final 2017 Africa Cup of Nations squad. The team captain and Borussia Dortmund star will lead the home players out for the opening game of the tournament against debutants Guinea-Bissau on 14 January in Libreville. Gabon have also named Sunderland midfielder Didier Ndong despite the player being left out of November’s World Cup qualifier in Mali. Ndong was in the capital city Libreville but failed to turn up for international duty ahead of the Mali game last month, forcing the Gabonese Football Federation [Fegafoot] to send him back to England. But a remorseful Ndong, who held clear-the-air talks with Fegafoot has been included in a 23-man Panthers squad. Other names to make the final party include Juventus midfielder Mario Lemina, Bruno Ecuélé Manga of Cardiff City and China-based striker Malick Evouna. Gabon coach José Antonio Camacho included three do