purpose of discharging his role as a legal
practitioner”
In the instant case, it is the evidence of the Defendant
that he was not given access to the services of a lawyer
despite several requests by him and even when he had a
lawyer from the NAF who also doubled as Liaison Officer
of the NAF to EFCC that escorted him to EFCC, the
Defendant’s request to have the said lawyer present at
his interrogation and when his statement was obtained
was rejected by the EFCC operatives.
In the unreported decision of the Court of Appeal in
CA/L/727A/2017 AKAEZE CHARLES v FRN delivered on the
19/3/2018, the court held that it has been established by
a long line of decided case that the courts would
interprete the word “may” as mandatory wherever it is
used to impose a duty upon a public functionary to be
carried out in a particular form or way for the benefit of a
private citizen.
The court went on to state that Section 17(2) of ACJA
impose a duty 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 or retrievable video
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