Is parade of suspects before trial constitutional?

In recent time, the Nigerian security agencies, especially the police and EFCC have been parading suspects before newsmen and members of the public before they are being prosecuted. The Hope Classics, speak with lawyers on the position of the law.

Mr. Olaleye Steve Akintububo

It is unfortunate that the ‘modus operandi’ of our security agencies, particularly the police in handling criminal investigations is rather archaic and out of tune with modern civilisation.

In Nigeria, we see a suspect as a criminal. We see him as guilty of the offence having been arrested even when investigation has not commenced.

This predetermined, but illogical mindset accounts for the parading of suspects publicly. It also accounts for what is known as “media trial” where there will be media hype in respect of a particular suspect and the crime he is alleged to have committed, thereby leading to a return of verdict of guilt against the person in the court of public opinion.

By the time the suspect is arraigned before the court of law and his accusers are unable to prove their case, the court will return a verdict of not guilty for him, after which the public will cry foul having earlier found him guilty in their minds.

This is a dangerous trend set in motion by our security agencies, particularly the police. The EFCC operatives will even go to the extent of hanging a placard on the chest of the suspect with the inscription of the alleged offence thereby portraying him as a guilty person ab initio.

This unfortunate act is grossly against the provisions of the Nigerian Constitution 1999 as amended, particularly section 35 which presumed that an accused is innocent until the contrary is proved.

It is my humble opinion that victims of this unconstitutional treatment of suspects should seek redress in court of law through the constitution itself. They should endeavour to enforce their Fundamental Rights in court of law.

Though we have a penchant for disobeying orders of court in Nigeria, I am very sure and optimistic that we will get there one of these days. By the time our security agencies and their operatives are being ordered by court to pay huge damages to their victims, they will sit tight in carrying out their duties within the ambit of the law.

Mr. Yemi Adetoyinbo, a legal practitioner

Parading suspects by the police before newsmen and members of the public is a ”Paradox of Error,” which can be constitutional and as well unconstitutional, as only the provisions of sections 35 and 38, 55, and 145 of the Evidence Act 2011, as amended, and as well sections 10 and 11 of the Administration of Criminal Justice Law, of Ondo State, 2016 and relevant provisions of The Federal ACJA, LFN, 2015.

On parade of suspects in a way, while the Fundamental Human Rights provisions, chapter IV, sections, 33,35,36(1),(4),(5) and (6) as well, 38, 42 and other relevant provisions of the 1999 Constitution of the Federal Republic of Nigeria as amended., on the other hand frowns with disparagement of suspects, who is viewed as an innocent person(s) in the eyes in the law, and the legality if such parade is only necessary in regard to Sections 10 and 11 of the ACJL.

If there is the controversy on the issues of the identification of the exact suspects or criminals, who were linked or arrested in connection with a crime, to be properly recognized and identified by  the police before his legal practitioners, or family, witnesses or the members of the public or victims of the crime if in doubt, which goes to the root of the alleged crime.

While on the other hand, it becomes issues of the flagrant violations of the Fundamental Rights of the Citizens, under Chapter 4 of the Constitution, and the enabling sections or provisions earlier enumerated, will be whimsically and abysmally violated, such as section, 33, on Right to Life and arraignment of a suspect before a court of law, and termination of an accused in an unlawful manner, other than the sentence of court of law in obtaining court sentence, inclusive of the process if arrests and arraignment of suspended, while sec 3 4_35 and 36, (1), (4), (5)and( 6 ) of CFRN,1999, to the effect that presumption of the innocence.

The accused persons, now defendants in the new ACJL to protect their presumption of innocence until the contrary or otherwise is proved, issue of fair hearing will be tampered with, the  law says nobody should be subject if inhuman treatment inhuman degradation, or inhuman disparagement such as this, now that Police will just parade most suspects not the basis of trial – within trial as envisaged by law, or identification of exact suspects or criminals but trial if suspects on the Pages of Newspapers, especially high profile criminals, like Chukwudumeme-,Evans, the notorious kidnapping, king- pin, Adenuga, who set ablaze a family of eight at llaje community, in Ondo State recently, Henry Okah and Co, and a host of others after the parade at police headquaters. They will toy with the case on alleged multi- farious, multiple, and multifaceted logistical issues, inducements, political interferences , who you know syndrome in Nigeria as well the lack of capacity by the Police to do a thorough investigation, lack of adequate information, a fraudulent system as the order of the day.

Police Commissioners, should limit the disparagement of every suspect to only those on trial within trial and those linked to crime, but mistaken identity, level of involvement, those, awaiting trial on further investigation needed to be taken to scenes of the crimes.

Then, only those they knew they will try to logical conclusion, should be paraded and real investigation and press briefing on the high profiled  criminals should be continually relayed to the public and newsmen to follow up, whom had witnessed the so-called ritualised parade ceremonies, and no shielding of eminent criminals again, no unlawful  disparagement again, the law dragnet should be strengthened to ensure prompt trial and conclusion of trials by the Police, DSS , Civil Defence Corps and other related agencies for open lawful trials, including the Military in the Open law courts rooms and in full glare of newsmen and general public as envisaged by the procedural Laws and the constitution, which will restore confidence in our prosecutorial and adjudicatory systems.

Final advice to the Police especially ahead of Ondo State, Judiciary Legal year 2019 slated for Monday, 28th October 2019, Police should not shield any Criminal from prosecution and the presumption and rebuttable presumption of the innocence of a suspect and  who remains innocence of the Crime until otherwise, of the allegations is proved and determined by a Court of Competent Jurisdiction.

The settlement syndrome associated by Corruption in the Police system that had overshadowed the arraignment, identification, unlawful joinder of persons, misjoinder of persons and release of hardened criminals on settlement,  Political, interferences, before Court trials and after conclusion if trials and eventual Court rulings, Convictions and sentencing all subjects to Appeals, DPP, Director of Public Prosecution, no case reports, nolle proseque Power of the Attorney General, should be lawfully observed, for a Police ready to regained the confidence of the General Public, as against the present oddity of a perception.

Mr Kehinde Aladedutire

The police parade some of the suspects arrested in order to create a public awareness that police institutions are working.

Without prejudice to the fact that some of these arrested suspects paraded publicly are real culprits, the law is that they must be subjected to trials since it is not the police that should arrest and pronounce them guilty.

What they do is media trial since most of the time, they do not have sufficient evidence to prosecute successfully in court. Sometimes, innocent ones are even paraded with these criminals and their image would have been battered in the public.

You may not hear of some of these paraded suspects because they had been let off by the court since police did not do their job well or innocent ones are paraded for crimes they did not commit.

As a matter of fact, parading suspects constitutionally is unlawful since they have condemned them before they have the opportunity of defending themselves in court of law.

This is contrary to section 36(5) of the Nigerian constitution.

Mr. Jimoh Famoritiye

Let me start by saying that the main purpose of identification parade is to ensure that the victim of a given case especially in capital offences identifies the real culprit from the pool of some set of persons of the same age, height etc.

After the identification parade, the next thing legally speaking, is for the police to charge the culprit to court without any delay whatsoever. And any delay on the part of the police amount to perversion of justice.