The Delta State government has warned the Nigeria Police Force and other investigative agencies against taking the statements of an arrested suspect in the absence of a lawyer or legal representative of the suspect.
The warning was contained in a directive/circular issued by the Attorney-General and Commissioner for Justice, Delta State, Ekemejero Ohwovoriole (SAN) on recording of suspect’s statements pursuant to Section 435 of the Delta State Administration of Criminal Justice Law, 2022 (As Amended).
The state government in the circular dated September 30, 2024 and signed by the Director of Public Prosecution, A. O. Orhorhoro, said that the police officer or the investigating agency/authority, shall ensure that statements of a suspect are taken in the presence of a legal practitioner of the suspect’s choice.
Where the suspect has no legal practitioner of his/her choice, the government warned that such a statement must be taken 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 the suspect’s choice.
Orhorhoro warned that the Office of the Director of Public Prosecutions, shall henceforth seize to accept 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 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.
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“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.”
The Senior Special Assistant (SSA) on Civil Society/Youth Mobilisation to Delta State Governor, Harrison Gwamnishu, who confirmed the state government’s directives in a post on X said, “In the event of a criminal arrest in Delta State, the presence of a lawyer is mandatory for obtaining a statement via video recording.
“If a lawyer is unavailable, the investigating team must provide one from either the Office of the Public Defender located at Delta State Ministry of Justice Maryann Babaginda way Asaba or Legal Aid Council of Nigeria, located at the Federal Secretariat Okpanam Road respectively.
“Alternatively, a representative from Civil Society Groups, such as Marvin Mordi Wong Box Israel Joe , Kelvin Ejumudo , Samson Nwachukwu, Akima Akima , Ajemba Stanley etc can be contacted.
“Also be informed that a suspect retains the right to choose any witness and non-compliant case files will not be accepted by the Office of the Director of Public Prosecutions.”
