Femi Falana: Police Must Notify Families of Arrested Suspects – Legal Rights Begin at the Station

By DAYO ADESULU

Prominent Nigerian Human Rights Lawyer and Senior Advocate of Nigeria (SAN), Femi Falana, has stated emphatically that it is no longer lawful for the Nigerian police to arrest or detain suspects without informing their family members. According to the legal luminary, this outdated practice is not only unconstitutional but also a violation of the suspect’s human rights.

Speaking during a 3-day capacity-building workshop for prosecutors organized in Kano State, Falana emphasized that the legal rights of arrested suspects in Nigeria must be respected from the moment of arrest through to interrogation and prosecution.

Families Must Be Informed Immediately After Arrest

Falana criticized the common practice of keeping suspects in custody for days or even weeks without notifying their families. He called the behavior unlawful and deeply problematic.

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“If a Nigerian is arrested and taken to a police station, the police are legally obligated to contact the suspect’s family. This ensures that the family is not left in the dark or made to believe that their loved one has been kidnapped,” he said.

He added that it is no longer permissible under Nigerian law to detain anyone incommunicado.

Suspects Have the Right to a Lawyer at the Police Station

Highlighting another often-ignored provision of the law, Falana explained that legal representation begins at the police station. A suspect must be allowed to consult a lawyer before any police interrogation.

“Even if the suspect cannot afford a lawyer, the police must reach out to the Legal Aid Council to assign one. This is not optional. It’s a right under Nigerian law,” Falana reiterated.

He pointed out that ignorance is a major reason why many Nigerians endure rights violations during police encounters, urging citizens to demand legal counsel immediately upon arrest.

Justice for the Poor: Public Defenders Must Be Accessible

Falana emphasized the urgent need to expand access to justice for Nigeria’s poor and underprivileged. He cited the Office of the Public Defender (OPD) in Lagos as a successful model that Kano and other states should emulate.

“In Lagos, the Office of the Public Defender is functional in every local government area. The same must happen in Kano’s 44 local governments. If properly funded and staffed with competent lawyers, the OPD can transform access to justice,” he said.

He noted that Kano’s OPD currently lacks sufficient personnel, limiting its ability to serve indigent citizens. He called for state-level intervention to recruit more lawyers and expand the OPD’s presence across the state.

Economic Barriers Hindering Justice

Falana also addressed the systemic issues that make it difficult for ordinary Nigerians to report crimes or seek redress.

“The poor often hesitate to report issues to the police because they’re asked for money to conduct investigations. The government must take steps to remove these financial barriers and protect citizens’ rights,” he said.

He argued that while wealthy individuals can afford to retain private counsel, the poor are often forced to rely on divine justice due to lack of legal support. By expanding the reach of public defenders, government can bridge this inequality.

Call to Action for Justice Sector Reform

The senior advocate concluded by urging Nigerian states to invest heavily in criminal justice reform, especially in the provision of legal aid to marginalized communities. He also appealed to stakeholders and civil society to raise awareness about the legal rights of arrested suspects in Nigeria, which are too often ignored or violated.

“The constitution guarantees justice and equality. But without implementation and enforcement, these guarantees are meaningless. It’s time to ensure that every Nigerian, rich or poor, has access to justice,” he concluded.

Key Takeaways

• Police must inform families immediately when a suspect is arrested.
• Suspects have the right to legal representation before police interrogation.
• The Office of the Public Defender must be operational in all LGAs in Kano State.
• Financial limitations should not be a barrier to justice for the poor.
• Government must eliminate systemic issues that hinder access to justice.

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