Saturday September 26, 2026

SituationREPORT

By Idorenyin UMOREN
Private Investigator and Security Evaluator

The Executive Director of COMPPART Foundation for Justice and Peace Building , Saviour Akpan Esq, has called for the amendment of Section 3 of the Administration of Criminal Justice Act, ACJA 2015 to enable the Nigeria Police investigates crime before effecting the arrest of any suspect.

The Executive Director made this call on Passion FM Uyo, on Friday, September 25, during weekly Live Audience Participatory Programme: Security, Human Rights And You, powered by COMPPART Foundation for Justice and Peacebuilding, and anchored by Iyke Juwe.

Discussing the topic, ‘Distinction between Investigation and Interrogation’, Akpan defines Investigation as a “systematic fact-finding to discover if a crime happened, how it happened, who did it.”

He backed it up legally that it’s primary duty of the Police to investigate all crimes.

Citing ACJA 2015, Section 3 & 4 and Administration of Criminal Justice Law, ACJL Akwa Ibom 2022, Section 4, he informed the public that “Police must record complaints, visit scenes, collect evidence before arresting.”

Akpan said that Investigation Includes, “Visiting the crime scene, Collecting physical evidence, CCTV, document, Interviewing complainant and witness, Forensic analysis, tracking phone, etc,” explaining that, “a good investigation should be able to find the truth even without the suspect talking.”

He enlightened that ‘Interrogation is formal questioning of a suspect who is already in custody or is a person of interest, to get his own account.”

Quoting legal authorities, he said that “Any person arrested must be informed in writing of reasons for arrest. You cannot interrogate someone who doesn’t know why he is there.”

He however said that the suspect has the right to remain silent and also right to a lawyer of your choice.

Quoting Evidence Act 2011, Section 29: “Confession must be voluntary. If obtained by oppression, torture, threat, promise – it will be thrown out.

“Police must record interrogation electronically (video). And take a statement with a lawyer present or with legal aid.”

Akpan said that “Torture during interrogation is a Crime punishable by 25 years. No exception.”

The way forward, according to the Executive Director of COMPPART is for Police to follow ACJA 2015 and ACJL 2022 of Akwa Ibom – Investigate first, record interrogation, stop torture.

“If invited, ask ‘Am I a witness or suspect?’. Go with a lawyer. Do not sign a statement you did not make.”

He said that “COMPPART will continue to monitor. Report any case of torture or forced confession to us. We will take the NHRC and court.”

In his closing quote, Akpan stated that, “Investigation finds the truth while Interrogation tests the truth and Torture buries the truth.”