The illegality of the media publication of mugshots and the public parading of suspects

Justice is a three-way street that seeks to protect the state, the victim and the suspect. In Nigeria, the presumption of innocence is a central principle of criminal justice, based on the charging system. The position of the law under this system is that irrespective of the seriousness or seriousness of the offense alleged to have been committed by the accused, the charge or information against him before a court of competent jurisdiction shall remain a mere accusation until the contrary is proven.

The effect of the presumption of innocence is that until a suspect is found guilty by the court, that person must be treated in the same way as an ordinary person, regardless of the degree of suspicion against him. The rationale behind this is explained by legal scholar William Blackstone, namely that it is better for ten guilty people to escape than to convict one innocent person.

It may seem counter-intuitive, but ultimately this has to do with a safer administration of justice and living in a safe society. It is essentially intended to protect the basic human right of every individual, even in the fight against crime.

As modern trend shows, releasing and ‘promoting’ mugshots of suspects on media and social media platforms, as well as parading suspects in front of the camera, is now a norm in the Nigerian Police Force (NPF), the Economic and Financial Crimes Commission (EFCC). ) and other law enforcement agencies as a way to communicate their efficiency to their appointees and the public. Parading of suspects is done by law enforcement agencies in relation to various forms of offences, from serious crimes to misdemeanors, and simple offences. As recently as April 2024, several individuals were prejudicially paraded as criminals for not using the pedestrian bridge, with media reporting.

From this, it could be inferred that the continued action of the law enforcement agencies stems from sheer ignorance or an outright desire to show that they are indeed working by negatively flaunting the rule of law. Whatever it is, law enforcement agencies need to be reoriented in terms of the provision of justice, the scope and limits of their powers, as well as the constitutional guarantees afforded to suspects.

The 1999 Constitution of the Federal Republic of Nigeria (as amended) established the Nigerian Police Force, pursuant to the provision of s.214(1). Furthermore, Section 18 of the Administration of Criminal Justice Act 2015 and Section 24 of the Nigerian Police Act 2020 give the Nigerian Police the power of arrest. Section 18(1) of the Criminal Justice Act 2015 provides: ‘A police officer may, without an order of the court and without a warrant, arrest a suspect:

a.) whom he reasonably suspects to have committed an offense under the law of Nigeria or against the law of any other country, unless the law creating the offense provides that the suspect cannot be arrested without a warrant ;

Similarly, Section 41 of the Economic and Financial Crimes Commission (EFCC) Act gives the EFCC a likeness to the power of the Nigerian Police as stated therein.
‘Subject to the provisions of this Act, an officer of the Commission shall, in investigating or prosecuting a case under this Act, have all the powers and immunities of a police officer under the Police Act and any other law conferring power on the police or powers and protecting law enforcement agencies.”

In addition to the above provision, the Criminal Justice Act 2015 contains detailed provisions on the application and purpose of this power. In specific terms, the provision of sections 6, 7, 8 and 14 (2) and (3) states the correct sequence of events to be followed…