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Jan 257 min read

Illegal Parading of Criminal Suspects in Nigeria: A Violation of Human Rights and Due Process.




A 15-year-old accused of strangling a child being interviewed by news media and paraded by the Nigerian police force.


Two years ago, a ThisDay article titled "The Legality or Otherwise of Public Parade of Suspects by Security Agencies (Part 1)" highlighted the conflict between the Lagos State Criminal Justice Law 2021 and the Nigeria Police Act 2020. The former prohibits the police from parading suspects before the media, while the latter allows them to prevent, detect, and prosecute crimes. This conflict has sparked a debate over the legality and constitutionality of parading suspects. Despite the law prohibiting it, there have been continuous parades of suspected individuals arrested by the police, who would then publicly confess to alleged crimes.



According to the Constitution of Nigeria 1999, every person charged with a criminal offense shall be presumed innocent until proven guilty. Thus, neither the police nor the media have the right to parade suspects and force them to confess before a court of law has determined their guilt or innocence. Doing so is not only illegal and unconstitutional but also an affront to their rights and dignity. Several lawyers and human rights activists have spoken out against it, citing legal basis from the constitution and the African Charter on Human and Peoples Rights (https://www.african-court.org/wpafc/wp-content/..)


While some states like Lagos have enacted laws prohibiting the police from parading suspects before the media, the police claim that they have the power to do so under the Nigeria Police Act 2020. Police often parade criminal suspects in front of the media, even posting group pictures of them on social media. Lagos State Commissioner of Police, Imohimi Edgal, has stated that no law restricts police from parading suspects when they are arrested. However, the Nigeria Police Act 2020 does not expressly grant the police permission to parade arrested citizens during the investigation period. The police may argue that they have the power to do so under section 4(1)(a) of the Act, which states that the police shall prevent and detect crime, apprehend offenders, preserve law and order, protect life and property, and perform such military duties within or outside Nigeria as may be required of them by or under the authority of this or any other Act.

The Administration of Criminal Justice Act 2015 (ACJA) and the Lagos State Criminal Justice Law 2021 prohibits the parading of suspects before the media. Publicly identifying criminal suspects before charges are filed infringes on their privacy rights. Some see media parades as pretrial, but many assume guilt (W.N, 2023).


According to section 8 of the ACJA, a suspect should be treated humanely and should not be subjected to any form of torture, cruel, inhuman, or degrading treatment. Section 9(a) of the Lagos State Criminal Justice Law 2021 states that the police must not parade any suspect before the media. The legality of a public parade of suspects by the police is a contentious issue that has been challenged in courts and condemned by human rights activists and lawyers. Some argue that it violates the presumption of innocence, the right to a fair hearing, the right to privacy, and the right to dignity of the person as guaranteed by the Constitution of Nigeria 1999 (as amended). Others defend it as necessary to deter crime, inform the public, and solicit information from potential witnesses. 


In an interview with Barrister Ihu Nele Esq, Nigeria's government structure is based on the US Federal System and has three branches: The Executive, the Legislative, and the Judiciary. The Supreme Court comprises legal branches from different states. These branches should be equally empowered and maintain checks and balances to prevent any branch from dominating the others. However, the presidency tends to take over in Nigeria, and the judiciary still needs to act as a check against the other branches. The judiciary must enforce the law and ensure that the police follow it. Fear of the executive branch, which has strong ties to the military, is rampant throughout every branch of government, including the police, EFCC, and other security forces. There are few legal advocacy groups or personnel speaking out against government officials who break the law or fight for the rights of the people. The Legislative and Judiciary branches need to exercise their authority to prevent the police from disregarding the rights of the people.


According to Dr Olly Owen (2014) “The Nigeria Police Force: Predicaments and Possibilities” Political interference harms the Nigeria Police Force's cohesion, effectiveness, and public trust. The hierarchical structure leaves it vulnerable to political meddling, and some officers compromise their professionalism for political favors. When leadership promotes seniority over political connections, it depoliticizes the system. But if politically connected officers are advanced, it encourages similar alliances and compromises independence (2014). This holds true till today.



The video below displays Chinaza Philips and other suspects admitting to their crimes, while the media reports on it. None of these individuals had access to a lawyer or had their Miranda rights read to them before making their confessions. Chinaza Philips has reportedly denied being a kidnapper and pleaded not guilty. One of the suspects appeared to be in distress, confessing with his eyes closed and seeming to think about what he was saying. There are many other videos available that provide evidence of this police practice of parading citizens who have not been found guilty of any crime. These individuals in the footage might be guilty but it’s for the courts to decide. 

This has led to questions about whether the police are reading these suspects their Miranda rights before having them confess to all their crimes. It is concerning whether these suspects know their Miranda rights and whether they are under duress when confessing to something they may not have done. According to psychology, parading suspects in public can lead to coercion, which can result in false confessions (The Psychology of False Confessions, 2020). Public parading is a form of psychological coercion that can manipulate innocent suspects into confessing to crimes they did not commit. Psychological coercion involves using pressure, threats, manipulation, or deception to influence a person's beliefs, emotions or behaviors.



Some of the psychological factors that can make a suspect more vulnerable to false confessions under duress are:

1. Fear of the consequences of not confessing, such as harsher punishment, social stigma, or physical harm.

2. Hope of leniency or reward for confessing, such as reduced charges, plea bargains, or release from custody.

3. Stress, fatigue, or confusion caused by prolonged or intense interrogation, isolation, or deprivation of basic needs.

4. Suggestibility, compliance, or conformity to the expectations or demands of the interrogators, especially if they present false or misleading evidence, use leading questions, or imply that the suspect is guilty.

5. Memory distortion, self-doubt, or dissociation caused by exposure to inconsistent, contradictory, or fabricated information or by the lack of clear or reliable recollection of the events in question.

Therefore, parading suspects in public can be considered a form of psychological coercion which can impair the suspect's ability to resist false confessions, especially if the suspect is already vulnerable due to other factors such as age, mental health, or cognitive impairment. Parading suspects in public can also violate the suspect's right to dignity, privacy, the presumption of innocence, and the principles of fair trial and due process.



Interventions


It is important to recognize that obtaining a confession through coercion violates the suspect's constitutional and human rights and is illegal. Duress, a form of psychological coercion, can lead to false confessions, which can put innocent people in trouble. The court must carefully consider various factors to determine whether the confession was voluntary or not, such as threats, physical abuse, or deception by the authorities. If the court finds that the confession was coerced, it will be excluded from evidence, and the charges against the suspect may be dropped. We encourage you to review the following sources for more information on legal issues surrounding confessions under duress.


 As a society, we must ensure that our police force adheres to the principles of justice and fairness. Parading suspects without a court's permission is illegal and violates their rights. Creating a culture of accountability and respect for the law will help us avoid setting dangerous precedents. We should encourage the police to uphold their duty to protect and respect the citizens' rights they serve. The authorities must take responsibility to ensure that the police are held accountable for their actions, and any law or citizens' rights violations are met with swift and appropriate consequences. Together, we can create a just and safe society where the rule of law is respected. 


Civic education, now known as Civic Education, must be taught at all levels of education in Nigeria. Citizenship education is an essential part of a student's learning journey, empowering individuals to know their rights and responsibilities under the law. It helps them become active and engaged members of their communities. By teaching citizenship in schools, educators can support students in developing critical thinking, problem-solving, and collaboration skills that will be valuable in all aspects of their lives. To achieve this, schools must integrate citizenship education across different subjects, such as social studies, language arts, math, science, and the arts. Active and participatory teaching techniques like debates, simulations, role-plays, and games can also encourage students to think critically about civic issues. Additionally, schools can provide opportunities for students to take action and make a positive impact through service learning, volunteering, campaigning, or participating in school councils or clubs. Schools can invite guest speakers such as local officials, activists, lawyers, or journalists to share their experiences and perspectives on civic issues. They can also connect with other schools, organizations, or communities to exchange ideas and learn from each other. By teaching citizenship in schools, educators can help young people and adults develop the skills, knowledge, and attitudes they need to become informed, responsible, and active citizens in a diverse and changing world. This education can also help students become agents of change and contribute positively to society. 

All the legal arms of the government must speak up for the rights of Nigerian citizens. They must enforce their powers to ensure justice and fairness for all. As a society, we can work together to build a better future where the rule of law is respected, and every citizen's rights are protected.


Summery

The conflict between the Lagos State Criminal Justice Law 2021 and the Nigeria Police Act 2020 has sparked a debate over the legality and constitutionality of parading suspects before the media. While some states like Lagos have enacted laws prohibiting the police from parading suspects before the press, the police claim that they have the power to do so under the Nigeria Police Act 2020. The legality of a public parade of suspects by the police is a contentious issue that has been challenged in courts and condemned by human rights activists and lawyers. Political interference harms the Nigeria Police Force's cohesion, effectiveness, and public trust.


Sources:







 


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