Pre Trial Investigation And Police Interview

Question 1

what section of the police act gives the police power to conduct interview and investigate

Answer 1

S4 POLICE ACT 2020

Question 2

what the police or law enforcement officer is supposed to establish in a pre trial investigation

Answer 2

a) whether an offence has been committed
b) who committed the offence
c) circumstances under which the offence was committed

Question 3

constitutional safe guards or rights of a suspect in custody

Answer 3

1. right to life s33
2. right to personal liberty
3. right to be informed of the offence they have been alleged to have committed S35(3)
4. right to personal liberty s34 CFRN
5. right to remain silent S35 (2) CFRN
6. right to legal aid S 14&15 ACJA
7. right to be arraigned in court within 24 hours if the court is within a 40 km radius and 48 hours if otherwise S35 (4) & (5)
8. RIGHT TO BAIL IF HE CANNOT BE CHARGED TO COURT S35 (4) &(5)
9. RIGHT TO INTERPRETER: THIS APPLIES WHERE THE SUSPECT DOES NOT UNDERSTAND ENGLISH, WHICH IS THE OFFICIAL LANGUAGE IN NIGERIA. S36( 6)(e) CFRN, S.17(3) ACJL Lagos.

Question 4

what is the judges rule

Answer 4

these are merely administrative direction that have no force in law that police are meant to adhere to while obtaining statement from suspect failure to caution the suspect before getting his statement does not vitiate it EJINMA V STATE

Question 5

List out the judges rules

Answer 5

1. police officer must caution suspect before asking questions relating to the crime
2. a police officer can question anyone regarding investigation of a crime
3. records of statement obtained as to the time and place and date of making the statement and persons present
4. the record of the Q&A’s must be signed by the interrogatory officer
5. a copy of the written statement must be given to the accused to check for mistakes or make any corrections
6. persons charged with the duty of investigating offences should endeavour to comply with the rules

Question 6

what is a confessional statement

Answer 6

this is a statement made by an accused admitting the confession of a crime s28 evidence (amendment)act 2023
it is the strongest piece of evidence.

Question 7

what makes a confessional statement inadmissible as evidence

Answer 7

where it was made involuntarily either through torture or blackmailing s29 evidence (amendment)act 2023

Question 8

can an accused person be convicted upon his confessional statement

Answer 8

yes an accused person may be convicted upon his confessional statement alone without any corroboration or any other evidence ADAMU V STATE

Question 9

is the confessional statement of a co accused binding on the other party

Answer 9

no a confessional statement is binding on the maker alone and cannot be relied on to convict a co accused unless he admits it expressly or by conduct MUSA SADAU V STATE

Question 10

process of obtaining confessional statement

Answer 10

1. informing the accused that he has a right to decide whether to make a statement or not
2. the making of the statement has to be in the presence of the accused legal practitioner S 17 ACJA S60 POLICE ACT
3. the statement must be in writing
4. must be electronically recorded in video or audio S15(4) ACJA S38(4) ACJL KANO
5. the need for an interpreter where the accused does not speak or understand english OLANIPEKUN V STATE S17(3)& (4 ,5) ACJA

Question 11

Admissibility of interpreted confessional statement

Answer 11

the interpreter must sign the statement failure to do so may not affect the validity of the statement in evidence but in the course of trial the interpreter and recorder have to testify as to their role in taking the statement before it becomes admissible FRN V USMAN
BELLO V COP
CHARLES V STATE OF LAGOS
S15(4) ACJA S9 (3)ACJL

Question 12

Challenges of confessional statement

Answer 12

1. retraction : when a suspect denies making a statement. the court in this will admit the statement and determine the weight to be attached to it depending on the circumstances of the case ADAMU V STATE
2. involuntariness : that the statement was made but it was not voluntary. here the court must conduct a trial within trial where the budeen is on the prosecution must prove that the statement was made voluntarily MOHAMMED V STATE OLABODE V STATE BADAMOSI V STATE

THe court must satisfy itself that the confession was voluntary otherwise it is inadmissible S29 (2) EA

Question 13

Does a mere promise of secrecy or act of deceit qualify as involuntariness

Answer 13

no S31 EA

Question 14

What is alibi

Answer 14

Alibi is a plea that the suspect could not possibly have committed the offence in question because he was somewhere else at the relevant time: Ayan v State.
SHEU V STATE

Question 15

TIME TO RAISE ALIBI

Answer 15

The suspect is under a duty to raise alibi at the earliest opportunity i.e. immediately he is informed that he is suspected to have committed the crime or at the police station
NDIDI V STATE

Question 16

Particulars of Alibi:

Answer 16

He must not only raise the defence, but also provide particulars of the place he was, what he was doing and the person(s) he was with at the relevant time Ndidi v. State

Question 17

Duty On the Prosecution To Investigate The Alibi

Answer 17

The police are obliged to investigate alibi that is properly raised; , yanor v State.
Failure to investigate the Alibi will be resolved in favour of the accused.

Question 18

Effect of Alibi if Properly Raised

Answer 18

Effect of Alibi if Properly Raised: Alibi when properly raised is a complete defence and the accused will be entitled to a discharge and acquittal; Yanor v State

Question 19

what is identification parade

Answer 19

this is conducted when the identity of the person who committed the crime is in doubt

Question 20

procedure for identification parade

Answer 20

1. it should ordinarily be held at the police station
2. the procedure is to arrange at least 8 persons with similar features to the suspect alongside the suspect for the victim to pick out the perpetrator if it is more than 1 suspect 12 persons are added alongside the suspect
3. the suspect can pick what side to stay on
4. the victim should not be assisted in anyway in identifying the suspect
5. should be supervised by a superior police officer
6. the suspect shall not be allowed to be seen by the witness prior to the parade

Question 21

where identification parade is not necessary

Answer 21

1. where the suspect was caught at the scene of the crime
2. where the witness knew the suspect prior to the commission of the crime
3. the suspect makes a confessional statement
4. where a clear case of alibi is put forth by the suspect
5. an eyewitness saw the commission of the crime
6. a witness saw the suspect and arrested him immediately

Question 22

result if identification parade is not properly conducted conducted

Answer 22

If an identification parade was not properly conducted, it will vitiate the trial and conviction of the defendant; Bozin v State

Question 23

evidence of identification

Answer 23

signature
handwriting
fingerprint
voice
identification parade
photograph
recollection of the features of the culprit by a witness who saw them in the commission of the act

Question 24

police bail

Answer 24

temporary release of a person arrested or detained

Question 25

Remedies Available To a Detainee upon Refusal of Police Bail

Answer 25

1.Application to the High Court for enforcement of his fundamental rights
2. Apply to a Court to grant him bail.
3.Application to the High court for a Writ of habeas corpus Alhaji Manfred v. IGP & Ors
4.In Lagos State and CPCL he may apply to a magistrate Court for an order for his production in Court (s. 77(2) CPCL; s. 18 ACJL).

Question 26

factors to be considered by court in granting or refusing bail

Answer 26

1. Whether the defendant will appear at a later date to stand for her trial. ASARI DOKUBO
   v. FEDERAL REPUBLIC OF NIGERIA
2. Ill-health of the defendant. ABACHA v. STATE
3. The Criminal past of the defendant. EYU v. STATE
4. The character of evidence against the defendant. BAMAIYI v. STATE
5. Likelihood of the defendant committing another offence. R. v. JAMMAL

Question 27

steps a lawyer should take for bail of suspect

Answer 27

1. discuss with the officer in charge to gain more information about the allegation against the suspect
2. make an appliication for police bail
3. provide suitable person to stand as sureties
4. ensure that bail undertaking is fulfiled by sureties
5. ensure that there are no irregularites in the process

Question 28

circumstances when bail may be revoked

Answer 28

The circumstances when bail may be revoked includes:
Where the defendant after he was granted bail fails ot stand his trial,
i.
*Where the defendant committed another offence while on bail,
i.
Where the surety applies ot eb discharged; Onyebuchi v. FRN
iii.
iv.
Where bail was granted based on misrepresentation of facts.
Where the defendant breaches any of the terms/conditions upon which v.
the bail was granted”