Pre-Trial Rights as provided by the constitution.

U RAPHEAL ESQ

The constitutional guarantee pre-trial rights of suspects are found in sections 33-36 of the constitution. Most of these rights are backed up with various sections in the Administration of Criminal Justice Act and are as

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follows.

1. The Right to Life: Section 33 provides that every person has a right to life, furthermore that no person shall be deprived intentionally of his or her right except in the execution of the sentence of a court in relation to a criminal offence of which the individual has been found guilty. An infringement occurs where a suspect is deliberately killed without the pronouncement of a death by a court of law.
2. The Right against Inhuman and Degrading Treatment: section 34 provides for the right to the dignity of the human person by stating that no person shall be subjected to torture, slavery or to inhuman or degrading treatment. Consequently, human beings are inviolable and everyone should be entitled to respect for his life and integrity. Example of acts

that amount to inhuman and degrading treatment include serious physical torture or assault of different forms, inhumane detention conditions or restraints, lack of medical care in the cases of illness and so on.

3. The Right against unlawful Detention: Section 35 provides for the right to personal liberty of a suspect except there is reasonable suspicion that he or she has committed a crime or should appear before a court in execution of its order. Where it is shown that a police officer exercised the power of arrest reasonably, then the curtailment of the suspects right cannot amount to a breach of fundamental rights.
4. Rights to remain silent: Section 35(2) of the constitution guarantees this right by providing that 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 or her choice. Section 6(2) a of the Administration of criminal justice Act further imposes a duty on the arresting officer to inform the suspects of his or her rights to remain silent.

5. Rights to Notification of Cause of Arrest: section 35(3) of the constitution provides that a suspect shall be informed in writing within 24 hours and in the language he or she understands of the facts on grounds for his arrest and detention. In line with this provision, section 6(1) of the Administration of Criminal Justice Act states that the information is to be given immediately except where it is impossible for the officer to comply immediately. The purpose of this requirement is to enable a suspect to appreciate the nature and extent of the alleged crime and make an informed decision on whether or not to waive his right to a counsel.
6. The Right to Bail: Section 35(4) of the constitution provides that a person arrested should be released upon such conditions as are reasonably necessary to ensure that he appears for trial at a later date except where there is reason to suspect, he will escape. The police is empowered to grant administrative bail to a suspect who is alleged to have committed an offence which is not serious or capital in nature. With respect to capital offences, bail shall only be granted by a judge of the High Court under exceptional circumstances.
7. Rights to be taken to court within a Reasonable Time: Section 36(1) which provides for the right to fair hearing states that a suspect shall be entitled to fair hearing within a reasonable time by a competent court or other tribunal established by law. This invariably means that the suspect cannot be held in detention under Police custody unreasonably without being charged to court.
8. Right to Time and Facilitates for Defence: Section 36(6) of the constitution provides that the suspect has the right to adequate time and facilities in preparing for his or her defence. Furthermore, section 14(2) of the Administration of Criminal Justice Act states that a person who has custody of suspect shall provide the suspect with reasonable facilities for obtaining legal advice, access to communication for taking steps to furnish bail and making arrangement and eventual prosecution of suspects, these provisions for time and facilities have to be put in place to ensure adequate preparation pending conclusion of police investigation.
9. The Right to be Presumed Innocent Until proved Guilty: Section 36(5) provides that every person who is charged with a criminal offence shall be presumed to be innocent until he or she is proved guilty. However, it has been observed that the mindset of an average police officer is that every person charged with an alleged offence is presumably guilty.
10. Rights to Counsel: Section 36(6) of the constitution provides that a suspect can defend himself in person or by legal practitioner of his choke. In the same vein, section 6(2) of the ACJA added that while making arrest, the officer has a duty to inform the suspect of his right and also notify him or her of the right to free legal representation by the legal Aid Counsel of Nigeria where applicable. Furthermore, section 17(1) of the ACJA provides that the right to counsel also avails the suspects where he or she wishes to make a statement after his or her arrest provided that the counsel shall not interfere while the suspect is making the statement except in the discharge of his or her role as a legal practitioner.
11. Right to be Arrested only for an offence known to law: The offence must be constituted and specifically prohibited by legislation as provided for in section 36(12) of the

constitution. Other Rights as provided by the Administration of Criminal Justice Act (ACJA):

12. Right against unnecessary Restraint: section 5 provides that a suspect may not be handcuffed, bound or subjected to restraint in the process of an arrest except there is reasonable apprehension of violence or an attempt to escape for the safety of the suspect or by court order.
13. Right to be Decently Searched: Section 9(3) stipulates that it is necessary to search a suspect, the search shall be made decently and by a person of the same sex unless it is impracticable by virtue of the urgency of the situation or the interest of the administration of Justice.
14. Rights to inventory of property: Section 10 provides that an officer making an arrest is duty bound to maintain an inventory of all the items or properties recovered from the suspect. An inventory must be duly served by officer and suspect and a copy handed over to the suspect or his legal representative.
15. Right not to be arrested for civil wrong: section 8(2) prohibits the arrest of any person for a civil wrong or breach of contract. Every arrest must be in respect of a criminal offence.
16. Right to an interpreter when statement is being taken: Section 17(3) provides for the right to an interpreter at no cost where a suspect does not understand, speak or write in English Language. The interpreter would read the statement to the suspect’s understanding and shall attest to the making of the statement after the suspect endorse it.
17. Right to be taken Directly to the Police Station immediately after Arrest: Section 14(1) stipulate that a suspect who is arrested whether with or without warrant shall be taken immediately to the police station or other place for the reception of suspect and shall be promptly informed of the offence against him or her in the language he or she understands.

Where these Rights are violated the person can institute an action against the officer(s) and appropriate authority for redress.

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