F.R.N. V. NNAJIOFOR [2024] 10 NWLR (1947) 44 (SC)
ON DUTY ON PUBLIC FUNCTIONARIES TO RECORD ELECTRONICALLY ON RETRIEVABLE VIDEO CONFESSIONAL STATEMENTS OF ACCUSED
By virtue of sections 15(4) and 17(2) of the ACJA, a duty is imposed on public functionaries (police officers and other officers of any law enforcement agency established by an Act of the National Assembly and this includes the EFCC) to record electronically on retrievable video compact disc or such other audio visual means, the confessional statements of a suspect and to take statements of suspects in the present of the person(s) set out in section 17(2). The provisions are for the benefit of private citizens who are suspected of committing crimes so that the enormous powers of the police or other law enforcement agencies may not be abused by intimidating them or bullying them in the course of taking their statements. In the instant case, in the course of taking or recording the alleged confessional statement of the respondent herein, the officers of the EFCC did not deem it imperative or expedient to use electronically retrievable video compact disc, or such other visual or audiovisual means of recording as envisaged by the law. There is equally no doubt, that the purported respondent’s statements were not recorded in the presence of the respondent’s legal practitioner; even though he asked for a legal practitioner of his choice as guaranteed under the Constitution. In the circumstance, the failure is a flagrant non-compliance with the provisions of the law. [Adesanya v. Adewole (2006) 14 NWLR (Pt. 1000) 242 referred to.] (P. 471, paras. A-H).