Drama of a TORTURED SUSPECT
(Mr. Ojulari has arrived back to where he left Mr. Mellow and Mr. Oriyomi before he went to eat, Mr. Oriyomi has been taken back into the cell, he cannot join them in conversation anymore because the visitation hour has gone. Both MR. OJULARI and MR. MELLOW walk out of the Police Station to continue their conversation.)
MR. OJULARI: Were you just asking if those Police Officers have the right to torture a suspect that is in their custody?
MR. MELLOW: Yes, I was curious to know, and I still do. You always tell me that every activity of the Police is being regulated by the law that establishes the Police Force in Nigeria and other relevant laws in Nigeria.
MR. OJULARI: Of course, every activity that a Police Officer should do in the course of his work has a law that is regulating it, if a Police Officer does something that is not in line with what is in that law, he would be sanctioned.
MR. MELLOW: Does any of the provisions of that law allows a Police Officer to torture a Suspect in his custody just to induce him to give confession on a crime?
MR. OJULARI: There is no such law that allows that. Even, any confession that is obtained by a Police Officer through torture or oppression of the Suspect is not admissible in a Court of law[1].
MR. MELLOW: Okay! Good.
MR. OJULARI: Treating a suspect in such manner that will degrade the person or torturing a person is against his fundamental human right[2], and the Police is even mandated by law to be protecting the rights of the citizens of Nigeria[3].
MR. MELLOW: Are you telling me now that, the Police Officer in charge of this man’s case has gone against the law by torturing him and inflict injury on his body like this, and anything he has even told them in the process of torturing will not be useful in Court.
MR. OJULARI: Yes if those things are to be used against him, torturing a person amounts to breach of human right, no matter what the motive of your action is, once you’ve trampled on someone’s human right, you have no excuse.
MR. MELLOW: Can we even quickly seek that the Court should order the Police to stop investigating this matter further because of fundamental human right breach? Since they have contravened the law that they should be upholding. Is the Police Officer above the law?
MR. OJULARI: No Court can stop the Police from investigating a crime[4].
MR. MELLOW: How are we going to do this now, is there no law that prescribes how Police should carry out its investigation so that there won’t be excess in the course of the investigation?
MR. OJULARI: There is no stipulated procedure for Police investigation of crimes. It is usually carried out based on the strength of the information given by the Complainant. [5]
MR. MELLOW: This is serious, but I know that “ibi jus ubi remedium” wherever there is wrong, there is a remedy. A remedy should be available for this man to get restitution for the wrong that that The Police has done to him. This is the most degrading treatment I have ever seen.
MR. OJULARI: Yes, there are two options of remedy for him and any other person that is a victim of Police torture. The first thing he can do is to drag the Police to Court to enforce his fundamental right and get compensation by way of Damages.
MR. MELLOW: What about the second thing?
MR. OJULARI: We can seek the Office of the Attorney-General and other law enforcement and investigative agencies to lodge the Complaint of torture[6] so that the erring Police Officer will be dealt with accordingly.
MR. MELLOW: That is good too.
MR. OJULARI: Upon all, he has the right to seek physical and psychological examination by a medical doctor of his own choice after they have finished interrogating him[7] this will even avail us an expert evidence to tender in court to get judgement in his favour.
MR. MELLOW: What will now be the punishment for that Police Officer if we make a Complaint of Torture to the Attorney-General?
MR. OJULARI: That will make the Officer to earn the award of 25 years imprisonment only[8]. So which one are we going for? The enforcement of human right or The Complaint?
MR. MELLOW: He would be the one to decide that, but he will like to firstly regain his freedom from this allegation.
MR. OJULARI: Sure! We shall do all simultaneously.
To be Continued, If God wishes.
FOOTNOTE(S)
1) Torture: To cause intense suffering
2) Suspect: One that is being imagined to be guilty.
3) Confession: a written or oral acknowledgment of guilt by a party accused of an offense.
4) Oppression: unjust or cruel use of power or authority
5) “ibi jus ubi remedium: latin maxim that means where there is wrong, there is remedy
6) Complaint: expression of grief, pain, or dissatisfaction.
REFERENCE(S)
[1] Section 29 (2) (a-b), Evidence Act, 2011
[2] Section 34(1)(a) CFRN 1999
[3] Section 4 (a) Police Act 2020; Section 5 Police Act 2020
[4] IGP v. UBAH (2015) 11 NWLR (Pt. 1471) p433, paras A-D
[5] Olatinwo v. State (2013) 8 NWLR (Pt. 1355) 126
[6] Section 10, Anti-Torture Act 2017
[7] Section 7, Anti-Torture Act 2017
[8] Section 9, Anti-Torture Act 2017
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ABDULRAUF Abdullahi Adebayo, is a Law student, a Certified Teacher and a Writer. He can be reached via the following platforms;
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