NBA Osogbo Condemns Restriction Of Lawyers’ Access To Police Command

The Nigerian Bar Association (NBA), Osogbo Branch, has condemned the restriction of lawyers from gaining access to the headquarters of the Osun State Police Command by officers of the facility while carrying out their lawful professional duties.

The Branch described the development as a disturbing practice with serious implications for the administration of criminal justice and the rights of citizens to legal representation.

The Chairman of the Branch, Mauruf Adediran, Esq., said there had been reports of members of the legal profession being denied access to the premises of the Nigeria Police Force Command while attending to matters involving their clients.

According to him, it took his personal intervention before lawyers were allowed to enter the Command.

Adediran disclosed that the Branch had deliberated on the development and condemned any unlawful restriction placed on lawyers seeking access to police facilities in the legitimate discharge of their professional responsibilities.

Citing relevant provisions of the law, the NBA Chairman said the position of the Branch was supported by safeguards contained in the 1999 Constitution, the Police Act 2020 and the Administration of Criminal Justice Law applicable in Osun State, which recognise the right of arrested persons to consult legal practitioners.

Adediran specifically referred to Section 35(2) of the Police Act 2020, which requires the police officer making an arrest, or the officer in charge of a police station, to inform the suspect of the right to remain silent until consultation with a legal practitioner or another person of the suspect’s choice.

He said the provision also recognises the right of an arrested person to consult a legal practitioner of his choice before making, endorsing or writing any statement or answering questions after arrest.

The Chairman further cited the Administration of Criminal Justice Act 2015, particularly Section 14(2), which provides for reasonable facilities for an arrested suspect to obtain legal advice, communicate for purposes of bail and make arrangements for his defence or release.

According to Adediran, similar safeguards are contained in the Osun State Administration of Criminal Justice Law, which is designed to protect the rights and interests of suspects and ensure that criminal investigations and proceedings are conducted in accordance with due process.

He also cited Section 35(2) of the 1999 Constitution, which protects the right of an arrested or detained person to remain silent or avoid answering questions until after consultation with a legal practitioner or another person of his choice.

The NBA Chairman argued that these constitutional and statutory safeguards could be undermined if lawyers were arbitrarily prevented from accessing police facilities to attend to clients who had been arrested, detained or invited for questioning.

He, however, acknowledged that the police retained legitimate authority to regulate access to their premises for security and operational reasons, stressing that such authority should not be exercised in a manner that unlawfully frustrates a suspect’s right to legal representation or prevents a legal practitioner from carrying out legitimate professional duties.

According to him, lawyers attending police facilities in such circumstances are not merely visitors but are performing professional responsibilities directly connected with the administration of criminal justice.

The Branch therefore called for respect for the role of legal practitioners in the criminal justice process and urged the appropriate authorities to address any practice that unlawfully restricts lawyers from accessing police facilities while representing their clients.

Adediran called on the Inspector-General of Police to look into the matter with a view to preventing its recurrence either in Osun State or anywhere in the country.

He further assured that the NBA Osogbo Branch would take appropriate steps to ensure that necessary measures were put in place to prevent a recurrence of the incident and safeguard lawyers’ access to police facilities when carrying out their legitimate professional duties.

He said the Branch remained committed to protecting the rule of law, safeguarding citizens’ rights and promoting effective cooperation between the legal profession and law-enforcement agencies in the administration of criminal justice.