Law/Judiciary
Counsel Wants Police To Grant Suspect Access To Lawyer
A Port Harcourt-based
lawyer and human rights advocate, Barr. Simple Dioha has flayed the police over what he described as unreasonable denial of a suspect access to his lawyer.
Barr. Dioha, who spoke with The Tide in Port Harcourt last Monday, noted that the denial of the suspect’s access to his lawyer through insisting that access must be through the investigation police officer (IPO) was a contravention of the constitutional rights of the suspect as provided in Section 35 (5) (c) of the Constitution of the Federal Republic of Nigeria 1999 as amended.
He said it was wrong for the police to insist that access to a suspect must be through the IPO, while some times the IPO would not be at the station and access would be denied.
Barr. Dioha noted that though it is proper to allow the IPO to take charge of the matter he was investigating but erroneous to hinder the suspect from speaking with his lawyer.
He said it was amazing that in some police stations lawyers visiting their clients in detention are asked to provide tissue and soap before they could see them.
The Port Harcourt lawyer expressed regrets that some policemen did not know the difference between the relatives of the suspect and his counsel.
Barr. Dioha also condemned a situation where the bail of a suspect was made dependent on the agreement of the complainant. He said it was not the place of the complainant to determine whether a suspect should be granted bail or not.
He condemned the situation where the lawyer of a suspect was asked to settle with the complainant before the suspect could be granted bail, and pointed out that such practice was alien to law.
Barr. Dioha stated that bail was determined by the gravity of the offence and not the consent of the complainant.
The Port Harcourt lawyer also flayed the police for venturing entirely into civil matters like debt recovery as well as tenancy matters which were not under the purview of the police.
He, however, praised the police for their diligence in fighting crime in the society.