We Hold Your Brief
Dear counsel, Sir, I look forward to your advice on this issue. There was a fracas in Ajah area over a disputed plot of land, which led to the destruction of properties of some residents in the neighbourhood. Several persons also sustained serious injuries, during the altercation between the miscreants and residents.
One of the Bricklayers who was working on my property, was arrested two days after the incident. He was held in police custody for five days, before his family later notified me. On the day he was released, he told me about his ordeal in police detention, and how he was tortured to confess that he and three others stole a motorcycle, building materials, and broke into a shop where they stole some items valued at over N400,000.
Although they are on bail presently, they will be arraigned in court any time from now, for an offence they didn’t commit, and were forced write a statement and admit to an offence they didn’t commit, just for them to gain their freedom.
Please, help with advice on how they can be exonerated from this offence they didn’t commit. S.A., Lekki, Lagos. Dear S.A., It is quite unfortunate that, a lot of injustice and human rights violations are still going on in our security agencies, despite the clear provisions of the law against them.
First, detainees are not supposed to be tortured for any reason whatsoever. Secondly, they were not supposed to have been detained beyond 48 hours, at most, 72 hours.
Thirdly, being forced to make confessional statements is illegal, and a gross violation of their rights. For instance, Section 9(3) of the Lagos State Administration of Criminal Justice Law provides that; “where any person who is arrested with or without a warrant volunteers to make a confessional statement, the Police shall ensure that the making and taking of such statement is recorded on video, and the said recording and copies thereof may be produced at the trial, provided that, in the absence of video facility, the said statement shall be in writing in the presence of a legal practitioner of his choice”.
Apparently this was breached. I would advice that you get a Lawyer to defend your Bricklayer in court, as the issue of a statement obtained under duress, must be raised promptly before the trial proceeds - trial within trial - and could be a successful defence that would avail him against these allegations.