Delta govt bars police from obtaining suspects’ statement without witness

Victor Ojei, an activist with the Young Nigerian Rights Organisation, described the government circular as “good news” but said those provisions are enshrined in the Police Act 2020.

The Delta State Government has issued a new legal guideline barring the police and other investigating agencies in the state from obtaining statements from suspects without the presence of a witness.

The guidelines are contained in a circular dated 30 September and signed by A.O. Orhorhoro, the director of public prosecution on behalf of the Attorney General and Commissioner for Justice in the state, Ekemejero Ohwovoriole.

Mr Orhorhoro said the guidelines were pursuant to Section 435 (1) of the Administration of Criminal Justice Law (ACJL), 2022 (as amended).

Harrison Gwamnishu, a human rights activist and a senior special assistant to Delta State Governor on Civil Society and Youth Mobilisation, posted the circular on Facebook on 2 October.

Based on the new directive, police operatives and other investigating authorities in the state should ensure that upon arrest, the suspect’s statement is taken in writing and recorded electronically on a retrievable video compact disc or other audiovisual means.

The directive said the investigating agency should ensure a suspect’s statement is taken in the presence of a legal practitioner of his choice.

However, in a situation where the suspect does not have a lawyer, it should be done in the presence of any legal practitioner or an officer of the office of the Public Defender, Legal Aid Council of Nigeria, an official of the civil society organisation, a Justice of Peace, or any other person of his choice.

“The person from any of the categories mentioned above shall endorse his name, status, address, signature and date on the statement of the suspect to attest to the same as a witness to the making of the same.”

The circular directs the investigating officer to forward the original copy of the case file along with the material evidence of how the suspect’s statement was made and taken to the director of public prosecution in the state.

Victor Ojei, an activist with the Young Nigerian Rights Organisation, described the government circular as “good news” but said those provisions are enshrined in the Police Act 2020.

“Our people suffer for lack of knowledge,” he said in a comment on Facebook.