Presumption of innocence

Hello friends, have you found yourself in a dilemma of police wahala? Don't be panic as here are some tips to follow when you find yourself in their net. When they come around grant them audience and don't misbehave as such will not amount to a criminal offence. If they inform you that they need your audience at the station, just go with them but ensure to contact your lawyer. While awaiting the arrival of your lawyer ensure not to write anything till your lawyer or any other person of your choice is around. As at the time of arrest, you're presumed innocent and no body has the right to torture, promise or render you ridicule in respect of the alleged offense. It's only a court of competent jurisdiction that can determine the act of guilt or not and that's after all parties have been heard.
Presumption of innocence is a matter of the Constitution that if such has been breach in the cause of investigation, the suspect has the right to seek a civil redress against anyone that have done such act or omission even the police after the determination of the main suite. 
The provision of the Constitution regarding presumption of innocence and the audience of either a legal practitioner or any other person of your choice when the police is about to obtain any statement is very important. A statement obtained from a suspect is called a confessional statement. It must be made (without duress, promise or any form of intimidation of the suspect ) to form part of the investigation of the police. It's admissible in evidence and it can be rejected if any form of anomaly is noticed. This anomaly can only be notice if the suspect now a defendant/ accused inform the court that it's made by duress and other things which the law frowns at. 
In case you're discharged and acquitted or convicted of the offense, no one has any right to arrest you again for the same offense. It will amount to double Jeopardy. After dispensing with the case, you have the right to sue for malicious prosecution.

Comments

Popular posts from this blog

Ex osun Deputy Governor, Omisore Dumps PDP for SDP

INCORPORATION OF COMPANY IN NIGERIA