An Ekiti-based legal practitioner, David Ogbede, has cautioned members of the public, particularly suspects in Police custody, against making statements without the presence of a lawyer, warning that such actions could have far-reaching legal consequences.

Ogbede explained that many individuals, when faced with interrogation, often panic and attempt to explain themselves, believing it would help their situation. However, he stressed that this approach frequently backfires, as statements made under pressure can later be used as evidence in court.

Even in instances where there is no direct evidence linking these suspects to the commission of an alleged crime, this statement can later be used to secure conviction. As the court in a plethora of cases has held that guilt of a person can be established in the following ways; the voluntary confession of the suspect (usually statements or statements made to police before the suspect is brought before a competent Court.)

direct, and credible and reliable evidence of eyewitness or victim of the offence, circumstantial evidence pointing or focusing on the guilt of the suspect.

According to the lawyer, every suspect has a constitutional right to legal representation, emphasizing that the right is immediate and should not be delayed at the discretion of law enforcement officers. As these right have been enshrined in our laws. For instant in Lagos, Lagos State Administration of Criminal Justice Law provides that a person, who is arrested, while in custody, shall be given reasonable facilities for obtaining legal advice. Similar provision is contained in Order Four, Rule 3 (C) of the Ekiti State Administration of Criminal Justice Rules, 2020.

He advised that if a suspect requests a lawyer and is told to wait, the individual should remain calm, avoid confrontation, and clearly state their decision not to make any statement until legal counsel is present. As any statement made without proper guidance may later have an enormous impact on the liberty of the suspect.

The Ekiti-based lawyer further warned against signing or writing any document without proper understanding, noting that once a statement is documented, it may be difficult to retract, regardless of the circumstances under which it was obtained. At times, police officers may tell suspects who cannot write properly to tell them what happened, that they would write for them; as if they are rendering service to the suspect. This is purely a disservice, the law frowns at such gestures.

“Silence is not guilt; it is protection, especially when you are in police custody” he said, adding that any statement obtained after denying a suspect access to a lawyer when the suspect asked for a lawyer could be challenged in court.

Ogbede urged citizens to be aware of their legal rights and to act with caution during police encounters, stressing that insisting on legal representation could significantly influence the outcome of a case.

(THISDAY, but headline rejigged)

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