CRIMINAL LITIGATION

UNIT 3

  • PRE-TRIAL INVESTIGATION
  • POLICE INTERVIEWS

PRE-TRIAL INVESTIGATION

Pre-trial investigation refers to the processes carried out by law enforcement agencies, primarily the police, before a criminal case is brought before the court. The main purpose of a pre-trial investigation is to gather evidence, establish the facts of the case, and determine whether there is sufficient ground to charge the suspect with a crime. The legal framework for pre-trial investigations in Nigeria is primarily governed by the criminal procedure act (CPA) in the southern states and the criminal procedure code (CPC) in the northern states. Additionally, the administration of criminal justice act (ACJA) 2015 provides a uniform procedure across Nigeria, ensuring that the rights of suspects are protected during investigations. The process of pre-trial investigation includes the following;


  1. Reporting of a crime: The investigation process often begins with the reporting of a crime. This could be done by the victim, a witness, or any other person with relevant information. Upon receiving a report, the police are required to take prompt action to investigate the matter.
  2. First information report (FIR): The police must document the initial report of the crime in what is known as the first information report (FIR). This document serves as the basis for the investigation and should contain details such as the nature of the offense, the time and place of occurrence, and any other relevant information.
  3. Investigative procedures: The police engage in various investigative procedures, including visiting the crime scene, collecting physical evidence, interviewing witnesses, and conducting searches. See section 29 of the police act which states that the police have the power to enter and search premises to prevent or detect crime.
  4. Arrest of suspects: If the investigation reveals a suspect, the police may arrest the individual. The arrest must be carried out in accordance with the law, and the suspect must be informed of the reason for their arrest. See section 35(1) of the 1999 constitution (as amended) which provides that every person is entitled to personal liberty, and an arrest must be justified by law.
  5. Remand and bail: Following an arrest, the police may either release the suspect on bail or remand them in custody. The decision to grant bail is guided by factors such as the severity of the offense, the likelihood of the suspect fleeing, and the potential interference with the investigation.
  6. Preparation of a case file: Upon completion of the investigation, the police prepare a case file containing all the evidence gathered. This file is then forwarded to the director of public prosecutions (DPP) for legal advice on whether to proceed with prosecution.
  7. Legal advice from the DPP: The DPP reviews the case file to determine whether there is sufficient evidence to charge the suspect. If the DPP is satisfied with the evidence, a formal charge is filed in court. If not, the DPP may advise the police to conduct further investigation or close the case. See the case of State v. Ilori (1983) 1 SCNLR 94 which highlights the discretion of the DPP in determining whether to prosecute based on the evidence provided by the police during the investigation and the case of A.G. Federation v. Abubakar (2007) 10 NWLR (Pt. 1041) 1 which underscores the importance of following due process during pre-trial investigations and the role of the DPP in ensuring that only cases with sufficient evidence are prosecuted.

POLICE INTERVIEWS

Police interviews are a crucial aspect of pre-trial investigations, where the police question suspects, witnesses, and other persons of interest to obtain information that may be relevant to the investigation. The conduct of police interviews in Nigeria is governed by statutory provisions and case law to ensure that the rights of individuals are protected. See the administration of criminal justice act (ACJA) 2015 which provides the primary legal framework for the conduct of police interviews in Nigeria and the evidence act 2011 which governs the admissibility of statements made during police interviews. The types of police interviews includes the following;


  1. Interviews with witnesses: The police may interview witnesses to gather information about the crime. Witnesses are usually asked to provide statements about what they saw, heard, or know about the incident.
  2. Interviews with suspects: Suspects may be interviewed to ascertain their involvement in the crime. It is crucial that suspects are informed of their rights before any questioning begins, including the right to remain silent and the right to legal representation. See section 6(2)(a) of the ACJA 2015.
  3. Cautioning of suspects: Before a suspect is questioned, the police must caution them that any statement they make may be used as evidence against them in court. See section 35(2) of the 1999 constitution and section 17 of the ACJA 2015 and the case of R. v. Thompson (1965) NMLR 69 which emphasizes the importance of the police cautioning suspects before questioning them, and that failure to do so could result in the exclusion of any statements made by the suspect.
  4. Recording of statements: Statements made by suspects during police interviews must be recorded in writing and, where possible, electronically. This ensures that the content of the statement is accurately captured and reduces the risk of coercion or tampering. See section 15(4) of the ACJA 2015 which mandates the video recording of confessions to ensure transparency.
  5. Voluntariness of confessions: For a confession to be admissible in court, it must be made voluntarily. Any evidence of coercion, duress, or inducement during the police interview may render the confession inadmissible. See section 29(2) of the evidence act 2011. See the case of Nsofor v. State (2002) 10 NWLR (Pt. 775) 274 where the court held that for a confession to be admissible, it must be made freely and voluntarily, without any form of coercion.

CONCLUSION

The pre-trial investigation and police interviews are integral to the criminal justice process in Nigeria. They must be conducted in strict compliance with the law to ensure that the rights of individuals are protected and that the evidence obtained is admissible in court. The statutory provisions and case law in Nigeria provide a robust framework for these processes, safeguarding the integrity of the criminal justice system.