Justice
Abakaliki, April 12, 2018 (NAN) The Committee for the Defense of Human Rights (CDHR), has called on Ebonyi State to domesticate the new Administration of Criminal Justice Act in the state.
The committee Chairman in Ebonyi, Mr Emeka Anosike, made this known in an interview with the News Agency of Nigeria (NAN) in Abakaliki on Thursday.
He said this had become necessary as it would boost criminal Justice delivery as was done in some states across the federation.
Anosike said that the criminal justice law promoted and protected the human rights of every Nigerian whenever anyone was arrested by security agents.
“The Administration of Criminal Justice Act operates in Abuja, Lagos, Delta, Edo, Enugu and few other states in Nigeria,” he disclosed.
The rights activist pointed out that domiciling the law would also enhance the decongestion of Abakaliki and Afikpo Prisons.
According to him, one striking feature of the law is that it allows anyone arrested by the Police access to a telephone to contact a person of his choice.
He said that the provision was fundamental to the integrity of the investigation process.
Anosike said the arresting officer must be able to prove that he informed the suspect of his right to a telephone call.
He said that any suspect kept incommunicado under the new criminal justice law could question the entire process as lacking in legality.
“The new administration of criminal justice law will enhance the promotion and protection of citizens’ fundamental human rights and ensure that criminal trials are properly prosecuted.
He explained that new law bared the Police from interviewing, interrogating or questioning unless the suspect was being represented by a lawyer.
“The suspect has the right not to answer any question until after consulting with his lawyer, unless the suspect declines legal representation.
“Although the lawyer is not to interfere with the interview process, he has a duty to advice the client on which questions to answer or which not to answer pursuant to the constitutional guarantee against self incrimination,” he said.
He said that in capital offences, a lawyer must be present before conduct of any interview.
“Breach of this mandatory requirement for a lawyer to be present could render the investigation process and its outcome challengeable,” Anosike added.
He said that the law further provided that where the suspect wished to confess to the crime, such confession must be in writing and also electronically recorded on Compact Disc (CD).
“No confession obtained contrary to this will be admitted in evidence.
“So, there is now a burden on the Police and other security agencies to purchase recording/duplicating equipment for use during interrogations.
“Copies of the CD must be disclosed to the defense otherwise confessional statements will fail the admissibility tests on first strike.” he added.
Anosike said that under the new law, any person who was arrested could immediately approach a Magistrates Court for bail.
“In any event, the days of perpetual holding charge are no more. Every person brought before a magistrate can be released on bail immediately.
“However, in some jurisdictions, if the offence is a capital one, the magistrate can remand the suspect in prison on the application of the Prosecution for 14 days only.
“Then the court can also detain for another 14 days. If after that second 14 days, the legal advice is still not released, the court must grant bail,” Anosike explained.
He said the law had made it mandatory for every magistrate in charge of districts to visit police stations at least once a month to inspect the detainees list.
The chairman explained that the purpose of the obligation was to ensure that police did not unduly detain suspects. (NAN)
ODO/ESAN/MNA
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Edited by Abiodun Esan/Maureen Atuonwu