OAU students’ arrest by EFCC: How to protect the rights of suspects

In the last 24 hours, Nigeria experienced an episode of unlawful arrest and victimization by officials of the Economic and Financial Crimes Commission (EFCC), indicating  that the little progress made by Endsars might have waned off.

About 70 students of Obafemi Awolowo University, Ile Ife were arrested after a raid by officials of the Economic and Financial Crimes Commission (EFCC) of private hostels around the school on the 1st of November.

Currently, 58 persons have been released but not after profiling and a protest by students led by the Student Union Government who stormed the EFCC Ibadan office.

The persons arrested were said to be involved in fraud crimes. In the words of Dele Oyewale, spokesperson of the EFCC,

“Credible intelligence linked Oduduwa Estate with suspected internet fraud,

“Items recovered include exotic cars, 190 mobile phones and 40 laptops among others.

“The suspects have made useful statements to the EFCC and will be charged to court as soon as investigations are concluded.”

Issues to note

The question is, is the basis of crime the possession of phones and laptops or even cars?

While condemning fraud crimes in its entirety, it is important to note that profiling individuals based on the possession of gadgets is unprofessional, let alone tagging them as “suspected internet fraudsters” and publishing their names without proper investigations, a pure SARSlike action.

How does a student not need a phone or a laptop? The possession of both items is even an academic advantage. Beyond the items what other evidence does EFCC possess?

Parading people and publicly labeling them as suspected fraudsters without proper investigation, evidence, or due process is not in accordance with the principles of justice and can have serious negative consequences. It can harm an individual’s reputation, violate their rights, and can lead to unfair treatment.

Proper investigation is crucial to establish whether someone is involved in fraudulent activities or any criminal offense. Accusations should be based on verified facts, and the legal system should determine an individual’s guilt or innocence. The presumption of innocence until proven guilty is a fundamental principle in most legal systems.

Publicizing unverified accusations can lead to legal and ethical issues, such as defamation or false accusations, and can undermine the credibility of law enforcement and the justice system. Therefore, it is essential to follow established legal procedures, protect the rights of all individuals, and ensure that investigations are thorough and fair before making any public accusations or judgments.

Protected the rights of arrested persons

Protecting the rights of arrested individuals is a fundamental aspect of any just legal system and starts with a lawful arrest. Here are some key measures to ensure the protection of these rights:

1. Miranda rights: Inform the arrested person of their Miranda rights, including the right to remain silent and the right to an attorney. This should be done at the time of arrest.

2. Right to legal representation: Ensure that the arrested person is aware of their right to an attorney, and if they cannot afford one, provide them with a public defender.

3. Presumption of innocence: Maintain the principle of “innocent until proven guilty” throughout the legal process. Avoid prejudging or publicizing the accused person’s guilt.

4. Due process: Guarantee that the legal process is fair and transparent. This includes providing a speedy and public trial, the opportunity to present a defense, and the right to cross-examine witnesses.

5. Protection from Self-Incrimination: Respect the right of the accused to remain silent and not incriminate themselves during the legal process.

6. Protection from torture and cruelty: Ensure that the arrested person is not subjected to torture, cruel, or degrading treatment. This includes physical and psychological abuse.

7. Right to privacy: Protect the privacy rights of the accused, including their personal information and correspondence.

8. Protection from illegal searches and seizures: Ensure that any searches and seizures are conducted in accordance with the law, typically requiring a warrant or probable cause.

9. Access to medical care: Provide necessary medical care and attention to the accused, particularly if they have health issues.

10. Access to Family and Counsel: Allow the arrested person to communicate with their family and legal counsel.

11. Record Keeping: Maintain detailed records of the arrest and custody, including the reasons for the arrest, personal details, and any interactions with the accused.

12. Regular Review of Detention: Regularly review the detention of the accused to determine whether continued detention is necessary.

13. Protection from Double Jeopardy: Prevent an individual from being tried or punished for the same offense more than once.

14. Protection from Excessive Bail: Ensure that bail, if granted, is not set at an excessively high amount that effectively denies the accused the right to pretrial release.

15. Fair and Impartial Trial: Ensure that the trial is conducted by an impartial and unbiased judge or jury.