by: Oladokun Omowunmi
Based on the 1999 Constitution and the Administration of the Criminal Justice System in Nigeria, A person is called a Suspect at the Police Station in Nigeria, especially when the case is undergoing investigation at the Police Station.
Section 494 / Interpretation section of the ACJA) defines a Suspect is a person who has been arrested by the Police Officers on the suspicion of committing any offence, and who is yet to be formally charged to Court for that offence”
A person is called an Accused/Defendant when they are formally charged or arraigned in a court of law and not when the court declares their culpability but some jurisdiction calls them a defendant.
But in most Nigerian Court, it is called Accused person in Magistrate Court and Defendants in High Courts.
A person is legally referred to as a Convict once a court of competent jurisdiction declares there culpability /guilty. When they are done serving punishment, they become Ex convict
Below are some notable rights of accused person/defendant in Nigeria:
1.Presumption of Innocence: Under Section 36(5) of the 1999 Nigerian Constitution The ACJA, 2015. every person is presumed innocent until proven guilty beyond a reasonable doubt by the competent court of law
2. Right not to be handcuffed: Section 4 of the ACJA states that a person needs not be handcuffed by the Police Station if he is not violent nor is it necessary.
3. Notification of Reason for Arrest: Section 6 of the ACJA Upon arrest, the suspect must be informed immediately, in a language that they understand, the reason for the arrest and their rights—including the right to remain silent and the right to speak to their legal practitioner.
4. Right to Legal Representation: Section 36(6) of the 1999 constitution and the ACJA, The accused has the right to be defended by a legal practitioner, if he can’t afford one, he also has the right to free legal representation, section 6c of the ACJA.
5.Right to Dignity and Humane Treatment: Section 34 of the 1999 constitution, Section 8 of the ACJA .Arrested persons must be treated with dignity, without torture, brutality and violation of rights.
6.Freedom from arrest in Lieu: Section 7 of the ACJA prohibits arresting a person in place of or for an offense committed by a family member or another suspect. most especially when the suspect is at large.(nowhere to be found in order to be arrested).
7.Record of Arrests: Section 15 of the 1999 Constitution, The Police officers must keep records, most especially the confessional statement and other documents.
8.Right to Fair Hearing: Section 36 of the 1999 Constitution The right of a person to be heard and to state there own matter before any court of law in Nigeria.
Note that Right to fair hearing is not clearly stated in the ACJA.
9.Right to Prompt Arraignment & Bail: Section 35(4) of the 1999 constitution, Section 161-164 of the ACJA. states that any person arrested or detained must be brought before a court of law within a reasonable time and is entitled to bail unless charged with a serious criminal offence.
10.Quick Trial : Under Section 396(3) of the ACJA, trials must be conducted day-to-day where possible, and unnecessary adjournments are prohibited d to prevent the inhumane treatment of accused person/defendant in custody. These are done in favour of the accused person /defendant.
11.Compulsory Disclosure of Evidence: ACJA rules require the prosecution to disclose materials and evidence it intends to depend on in favour of the accused person/defendant. This prevents trial by ambush i.e. front loading of evidence and other documents is required before the trial date.
In conclusion, The right of an accused person/defendant cannot be over emphasized. It was partly stated in the 1999 constitution and fully in the Administration of Criminal Justice System. It suffices to state at this point that the newly amended ACJA has not been signed into law by the government
