In the realm of criminal law, every individual is entitled to certain rights, ensuring fair treatment and due process. One crucial aspect of this framework is the right to make a statement when accused of an offense. Section 60(1) of the Police Act specifically addresses this fundamental right, emphasizing the voluntary nature of providing a statement. The provision states that, “Where a suspect is arrested on an allegation of having committed an offense, his statement shall be taken if he so wishes to make a statement.” This seemingly straightforward clause carries profound implications for the legal process and the rights of the accused.
The language used in Section 60(1) underscores the importance of voluntariness. It highlights that the decision to provide a statement rest entirely with the suspect. This is crucial in safeguarding against coercion or undue pressure from Police. By affirming that a statement will only be taken if the suspect wishes to make one, the law ensures that individuals are not compelled to self-incriminate against their will.
However, it’s essential to recognize the balance struck by Section 60(1). While it upholds the right to make a statement, it does not oblige the suspect to do so. This respects the individual’s autonomy and acknowledges that silence itself is a legitimate choice. The constitution recognizes the validity of remaining silent in the face of allegations.
Police Officers must respect the suspect’s decision-making autonomy and refrain from any actions that could be construed as coercion. Furthermore, any statement obtained must be done in accordance with the law [Section 60(2) Police Act], to ensure its admissibility and reliability during legal proceedings.
In conclusion, Section 60(1) of the Police Act underscores the foundational principle of voluntariness in providing a statement. It reaffirms the right of the accused to decide whether to speak or remain silent when facing allegations [Section 35 (2) of the 1999 Constitution as Amended]. By upholding this principle, the law seeks to uphold fairness, protect individual rights, and maintain the integrity of the legal process.
Written by Solomon Agbator
LLB, BL, LLM (PhD in view)