The Delta State government has cautioned the Nigeria Police Force and other investigative bodies against taking statements from arrested suspects without the presence of a lawyer or legal representative.
This warning came through a directive issued by the Attorney-General and Commissioner for Justice, Delta State, Ekemejero Ohwovoriole (SAN), in line with Section 435 of the Delta State Administration of Criminal Justice Law, 2022 (As Amended).
Dated September 30, 2024, and signed by the Director of Public Prosecutions, A. O. Orhorhoro, the circular mandates that police or investigative authorities must ensure suspects’ statements are recorded in the presence of a legal practitioner chosen by the suspect. If the suspect does not have a lawyer, the statement must be taken in the presence of a public defender, Legal Aid Council officer, Civil Society Organisation representative, Justice of the Peace, or another person of the suspect’s choice.
Orhorhoro further warned that the Office of the Director of Public Prosecutions will no longer accept any case file, either Certified True Copy or original, from the police or other investigative agencies that do not comply with this directive.
Orhorhoro stated, “I am directed to inform you that the Honourable Attorney-General and Commissioner for Justice, Delta State, Ekemejero Ohwovoriole (SAN) has, pursuant to Section 435(1) of the Administration of Criminal Justice Law (ACJL), 2022 (as amended), issued the following Directives/Circular.
“Where a suspect who is arrested with or without a warrant volunteers to make a confessional statement, the Police Officer, (or the Investigating Agency/Authority as the case may be), shall ensure that the making and taking of the statement shall be in writing and shall be recorded electronically on a retrievable video compact disc or such other audio-visual means.
“The Police Officer, (or the Investigating Agency/Authority as the case may be), shall ensure that the statement of the suspect is taken in the presence of a Legal Practitioner of his choice, or where he has no Legal Practitioner of his choice, in the presence of any Legal Practitioner or an Officer of the Office of the Public Defender, or an Officer of the Legal Aid Council of Nigeria, or an official of the Civil Society Organisation, or a Justice of the Peace, or any other person of his choice.
“The person from any of the named categories mentioned in paragraph 2 above shall endorse his name, status/rank, occupation, address signature and date on the statement of the suspect to attest to same as a witness to the making of same.
“The Police Officer, (or the Investigating Agency/Authority as the case may be), shall forward the Original copy of the Case file together with material evidence of the manner of the making and taking of the suspect’s statement to the Director of Public Prosecutions, Delta State.
“The Office of the Director of Public Prosecutions, Delta State shall not, from the date of this Circular, receive any Certified True Copy or Original copy of the Case file of Criminal Investigation from the Police or any Investigating Agency/Authority which do not comply with the above Directive/ Circular.”
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