The Presumption Of Innocence

We must commend the Lagos State Government, whose Legislative Arm, has come up with a robust legal infrastructure in defence of the rights of persons suspected to have come in conflict with the Law.

The Constitution of the Federal Republic of Nigeria 1999, as amended, the Administration of Criminal Justice Act/Law, the Police Act, 2020, as well as a plethora of Regional and International Human Rights Instruments to which Nigeria is a party recognise the presumption of innocence as a fundamental human right. In other words, every accused person is presumed innocent of whatever crime she /he is accused of until given a fair hearing and convicted by a court of competent jurisdiction.

In spite of this guaranteed protection, and in wanton disregard of it, what have we always witnessed our Police establishment and other arms of law enforcement officers do from time to time? Persons whose guilt has not even been tested, let alone established by the courts are paraded in the media (and asked all kinds of questions) as criminals once they are arrested and/or detained under the suspicion of one crime or the other. Suspects’ rights are conscripted and recklessly violated:i) Right to remain silent until she /he has access to legal representation: Suspects are compelled or forced to say incriminating things without the mandatory legal advice. Media Trial has become attractive to law enforcement officers in the face of poor or nil availability of forensic equipment to get investigations properly conducted and evidence legally procured. ii) Right to personal liberty: the Police expose suspects to arrest and detention far in excess of legal and constitutional provisions;iii) Right to the Dignity of the human person: it has become the practice, rather than the exception, for suspects to be exposed to all manners of indignities on the suspicion of one crime or the other. Not a few had, most regrettably, lost their lives in this wanton display of brute force on those the Law and the Constitution presume innocent.iv) Right against torture: It is mind boggling what suspects go through in the hands of our law enforcement officers! The psychological and emotional torture, not to talk of the physical one, parading (innocent) suspects inflict on these victims/survivors are untellable.

This Law has come to stop all that!

The most intriguing, nay, embarrassing aspect of all this is the selective nature in these wicked acts against suspects. Only the poor, the deprived and the vulnerable suffer these indignities. The politically exposed persons, the rich and the well-connected get all manners of undeserved protection by law enforcement officers.

With this new Law, Lagos has blazed the trail again, as it did in the promulgation of the Criminal Justice Administration Law of Lagos State, a piece of legal finesse which had now been emulated by both the Federal Government and many other states in Nigeria.

Confluence of Rights Nigeria and International Center for Human Rights, Nonviolence and Safety awareness highly commend  Lagos State for, again, putting Nigeria in positive limelight as a welcome counterpoise to all the pervading debilitation.

We call on the Federal Government of Nigeria as well as all the 36 federating states and the FCT to emulate this progressive action of Lagos and stop dehumanizing poor Nigerians on the pretext of having come in conflict with the law.
Long Live Lagos State!Long Live the Federal Republic of Nigeria!

Dated this 6th day of July, 2021

(Signed)

Z.O. SENBANJO, Esq.

Executive Director Confluence of Rights, Nigeria 

(Signed)

Ene Sarah Unobe, Esq.

Executive Director International Center for Human Rights, Nonviolence and Safety awareness