The Nigerian Bar Association (NBA), Osogbo Branch, has condemned the alleged restriction of legal practitioners from accessing the headquarters of the Osun State Police Command while carrying out their professional duties, describing the development as a serious threat to the administration of criminal justice and the constitutional rights of citizens.
Chairman of the branch, Mauruf Adediran, Esq., disclosed that the association received reports that lawyers were prevented from entering the Police Command headquarters while representing clients who had been arrested, detained or invited for questioning.
According to him, the situation became so concerning that it required his personal intervention before affected lawyers were eventually granted access to the facility.
Adediran said the NBA, after deliberating on the incident, strongly condemned any unlawful restriction placed on lawyers seeking access to police facilities in the legitimate discharge of their professional responsibilities.
He maintained that the position of the association is firmly supported by the provisions of the 1999 Constitution, the Police Act 2020, and the Administration of Criminal Justice Act 2015, as well as the Osun State Administration of Criminal Justice Law, all of which guarantee the rights of arrested persons to legal representation.
Citing Section 35(2) of the Police Act 2020, Adediran explained that every police officer making an arrest or officer in charge of a police station is required to inform a suspect of the right to remain silent until consultation with a legal practitioner or another person of the suspect’s choice. He added that the law also guarantees the right of an arrested person to consult a lawyer before making or endorsing any statement or responding to police questioning.
He further referenced Section 14(2) of the Administration of Criminal Justice Act 2015, which provides that arrested suspects must be given reasonable facilities to obtain legal advice, communicate for purposes of bail, and make arrangements for their defence or release.
According to the NBA chairman, similar protections are contained in the Osun State Administration of Criminal Justice Law, which seeks to ensure that criminal investigations and prosecutions are conducted in accordance with due process while protecting the rights of suspects.
He also cited Section 35(2) of the 1999 Constitution, noting that it guarantees every arrested or detained person the right to remain silent or decline to answer questions until after consulting a legal practitioner or another person of his or her choice.
Adediran warned that these constitutional and statutory safeguards would be rendered ineffective if lawyers were arbitrarily denied access to police facilities to represent their clients.
While acknowledging the authority of the police to regulate access to their premises for security and operational reasons, he stressed that such powers must not be exercised in a manner that unlawfully frustrates the constitutional right to legal representation.
He emphasized that lawyers attending police facilities in the course of representing clients are not ordinary visitors but officers of the court performing professional responsibilities that are integral to the administration of criminal justice.
The NBA therefore called on the police authorities to respect the role of legal practitioners in the justice system and immediately address any practice that unlawfully restricts lawyers from accessing police facilities while carrying out their lawful duties.
Adediran specifically appealed to the Inspector-General of Police to investigate the incident and implement measures to prevent a recurrence, not only in Osun State but across the country.
He assured members of the legal profession that the NBA Osogbo Branch would continue to take appropriate steps to protect lawyers’ access to police facilities and defend the constitutional rights of citizens.
“The NBA Osogbo Branch remains committed to upholding the rule of law, protecting fundamental rights and promoting constructive collaboration between the legal profession and law enforcement agencies in the effective administration of criminal justice,” he stated.
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