By Solomon OKPO | The Evangelist Crime Desk
The Executive Director of COMPPART Foundation for Justice and Peacebuilding, Saviour Akpan, has called for the amendment of Section 3 of the Administration of Criminal Justice Act (ACJA) 2015 to expressly require the Nigeria Police to investigate alleged crimes before arresting suspects.
Akpan made the call on Friday, September 25, during the weekly live audience participatory programme, “Security, Human Rights and You,” powered by COMPPART Foundation for Justice and Peacebuilding and anchored by Iyke Juwe on Passion FM, Uyo. Speaking on the topic, “Distinction Between Investigation and Interrogation,” he said investigation and interrogation are distinct processes which should not be confused in the administration of criminal justice.
According to him, investigation is a systematic fact-finding process aimed at determining whether a crime occurred, how it occurred and who may have committed it.
He maintained that the police have a primary responsibility to investigate criminal complaints, stressing that the process should include visiting crime scenes, gathering physical and documentary evidence, examining CCTV footage, interviewing complainants and witnesses, conducting forensic analysis and, where legally permissible, tracking relevant communications.
Citing provisions of the ACJA 2015 and the Administration of Criminal Justice Law (ACJL) of Akwa Ibom State 2022, Akpan argued that proper investigation should establish the facts of a case rather than depend primarily on the suspect’s confession. He said a competent investigation should be capable of uncovering the truth even when a suspect chooses not to speak.
He distinguished interrogation from investigation, explaining that interrogation involves the formal questioning of a person already in custody or regarded as a person of interest in order to obtain his or her account of events. He stressed that an arrested person must be informed of the reason for the arrest and has the right to remain silent and to consult a lawyer of his or her choice.
Akpan also drew attention to safeguards surrounding confessional statements, citing Section 29 of the Evidence Act 2011, which provides conditions governing the admissibility of confessions. He warned against obtaining confessions through oppression, torture, threats or promises, noting that such methods can undermine the reliability and admissibility of the evidence.
The COMPPART director further advocated compliance with legal requirements for recording interrogations and ensuring appropriate legal representation or access to legal aid. He condemned torture during interrogation, describing it as a serious criminal offence and stressing that law enforcement officers must operate within the bounds of the law.
He advised members of the public who are invited by the police to first establish whether they are being invited as witnesses or suspects, and to seek legal assistance where necessary. He also cautioned citizens against signing statements they did not make.
Akpan assured that COMPPART would continue to monitor cases involving alleged torture, forced confessions and violations of suspects’ rights, adding that the organisation would refer appropriate cases to relevant institutions, including the National Human Rights Commission and the courts.
He summed up his position with the statement: “Investigation finds the truth, interrogation tests the truth, and torture buries the truth.”
