A Lawyer In Every Police Station By Daniel Bulusson – TheNigerialawyer

It is not in doubt that the highest number of human rights
violation perpetuated in Nigeria, are carried out by officers of
the Nigerian Police Force on duty, or while a suspect is in police
custody.

There arise numerous situations where due to the absence of a
legal practitioner during police investigation, a suspect is
committed to prison to serve a sentence for a crime he/she never
committed, there also arise countless scenarios where citizens are
arrested and detained by the Nigerian Police, for civil disputes
like debt recovery between parties.

This incidence of human rights abuse is so prevalent in our
police stations as majority of the country’s citizens who wind up
there, are unaware of their rights as enshrined and provided by the
1999 Constitution of the Federal Republic of Nigeria (As amended).
With the level of ignorance of the law so high, and with the usual
attitude of some of our police officers, it is only plausible that
with the presence of a legal practitioner supervising activities in
the stations, certain acts of human rights abuse will be curbed
greatly.

While discussing this topic with learned friends {Chikezie
Ezumah, Esq, Hussein Tunde Oyebanji, Esq, Uche Enyioha, Esq, and
Miss Augustina Joshua} on the possibility or otherwise of a lawyer
in every police station, someone expressed doubt on the Nigerian
Legal System being able to enforce such idea, considering that the
police would not be comfortable carrying out their duties under
prying eyes of the law, the question as to who provides the lawyers
needed, and pay their salaries came up, another expressed if young
lawyers fresh out of law school would be the ones stationed at the
police station, or if it should be rotated among senior colleagues
who practice in the jurisdiction.

To my mind, anything is possible with the right approach, a
great country like Nigeria has grown beyond copying certain
practices, or policies of foreign countries to solve internal
problems, the time has come for us to look inward, use our
surrounding circumstances peculiar to us, to proffer solutions for
the betterment of the country. Human Rights violation in Nigeria
perverts the smooth sail of the course of justice; it inhibits the
administration of criminal justice, and promotes aggression of the
citizens against the Government.

It is in line with the above, that a legal desk ought to be
provided in all police stations for lawyers to advise officers on
the position of the law concerning arrest, detention, and grant of
bail. This way, a number of cases that have no business with police
station, will be discharged accordingly, and offences with criminal
elements treated with regard to the tenets of the law.

The legal department of the Nigerian Police Force, made up of
police officers who are lawyers, have their hands full with
fundamental human rights applications in different courts, and are
not always present in the various police stations, thereby making
it impossible for them to have first-hand information on the
happenings at the stations. The legal Aid council provides free
legal services to indigent citizens; they do not supervise
activities of the various police stations in the country.

If established, the Ministry of Justice of each state will
provide the legal desk for police stations, the lawyer assigned
will advise the police on suspects that ought not to spend the
night in police custody, monitor applications and grant of police
bail, ensure that bail is free, and make monthly reports to the
commissioner of justice on the cases for further action by the
ministry.

Legal practitioners serving their fatherland, with the teachings
of Faculty of Law, and Nigerian Law School fresh on their mind
should be posted to the ministry of justice of the state where they
are serving, and then re-assigned to the various police stations of
the state, and replaced by another Corps member when the service
year ends. This would help reduce the cost of establishing, and
funding legal desks in all police stations of the country.

The fear of intimidation of young lawyers at the desk, can be
cured by the fact that the lawyer is not there to interfere with
police investigation, but rather advise on the legality or
otherwise of certain acts, and make reports to the ministry of
justice before prosecution is carried out. The underlining
objective is to ensure that police investigations are not scuttled,
before matters are taken to the courts of the land for
prosecution.

Godspeed!

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