Being arrested or invited to a police station can be frightening, especially when you do not know what the law allows you to do.
People sometimes panic, argue unnecessarily, sign documents they do not understand or make statements without first getting legal advice.
Knowing your basic rights does not mean resisting lawful police work. It means understanding how you should be treated, what information you are entitled to receive and when you should seek legal assistance.
This guide explains some of the most important rights of a person who is arrested or detained in Nigeria.
1. You Have the Right to Know Why You Are Being Arrested
Generally, a person who is arrested should be informed of the reason for the arrest.
Section 35 of the Nigeria Police Act 2020 requires the police officer or other person making an arrest to inform the suspect immediately of the reason for the arrest, subject to limited exceptions, such as where the person is caught committing an offence, immediately pursued after committing it or has escaped from lawful custody.
The Nigerian Constitution also provides that an arrested or detained person should be informed in writing, within the prescribed period and in a language the person understands, of the facts and grounds for the arrest or detention.
So if you are arrested, it is reasonable to ask calmly:
"What offence am I being arrested or detained for?"
Knowing the allegation does not determine guilt. It simply allows you and your lawyer to understand what is happening.
2. You Have the Right to Remain Silent
One of the most important rights to understand is the right to remain silent.
Section 35(2) of the Constitution provides that a person who is arrested or detained has the right to remain silent or avoid answering questions until after consulting a legal practitioner or another person of their choice.
The Nigeria Police Act 2020 contains a similar protection.
This does not mean you should obstruct officers or refuse to provide information that the law legitimately requires in a particular situation.
It means you are not required to rush into making potentially incriminating statements without understanding your position.
If the questioning concerns an alleged crime, you may calmly say that you want legal advice before making a substantive statement.
3. You Have the Right to Consult a Lawyer
A person who has been arrested has the right to consult a legal practitioner.
Under Section 35 of the Police Act 2020, an arrested suspect should be informed of the right to:
remain silent until after consultation with a lawyer or another person of their choice;
consult a lawyer before making, endorsing or writing a statement or answering questions; and
receive free legal representation from the Legal Aid Council of Nigeria or another appropriate organisation where applicable.
You do not need to wait until a case reaches court before requesting legal advice.
Getting a lawyer involved early can help clarify the allegation, explain bail requirements and reduce the risk of signing or saying something you do not properly understand.
4. Your Family or Next of Kin Can Be Notified
The Nigeria Police Act requires the authority holding an arrested suspect to notify the person's next of kin or relative of the arrest at no cost to the suspect.
This is an important safeguard.
If you are detained, provide accurate contact details where possible and ask that an appropriate relative or person be informed.
5. You Must Be Treated Humanely
An arrest does not remove a person's fundamental human dignity.
Section 34 of the Constitution protects the dignity of the human person, while the Administration of Criminal Justice Act and Nigeria Police Act prohibit torture and cruel, inhuman or degrading treatment of suspects.
The Police Act specifically provides that an arrested suspect should be treated humanely and should not be subjected to torture or degrading treatment.
Physical assault, torture or threats should not be regarded as a legitimate method of obtaining a confession.
If mistreatment occurs, tell your lawyer as soon as possible and document injuries or other evidence where it is safe and lawful to do so.
6. Do Not Confess to Something You Did Not Do
Being frightened, exhausted or intimidated can affect judgement.
Do not admit to an offence simply because someone tells you that confession will automatically guarantee your release.
Likewise, do not sign a written statement you have not read, do not understand or believe does not accurately represent what you said.
Ask for legal advice where necessary.
A confession can have serious consequences in criminal proceedings, so statements made during an investigation should be treated seriously.
7. Police Bail Should Not Require You to Pay an Officer
You may have heard the phrase:
"Bail is free."
For police bail, that remains an important principle.
Sections 62 to 64 of the Nigeria Police Act 2020 provide procedures for releasing qualifying suspects on bail, generally through a recognisance and, where required, sureties.
The law does not create a legitimate police "bail fee" that an officer is entitled to collect personally before releasing a suspect.
The Nigeria Police Force has also publicly maintained that police bail is free.
However, this should not be misunderstood to mean that every arrested person must automatically be released immediately, regardless of the alleged offence.
Whether bail is available and what conditions apply can depend on the nature of the alleged offence, the stage of the case and whether the application concerns police bail or court bail.
8. Police Bail and Court Bail Are Not Exactly the Same Thing
It is useful to distinguish between them.
Police bail applies while a suspect is still within the investigative or pre-charge stage under police authority.
Court bail arises when the matter has reached a court and a judicial officer determines whether the defendant should be released while proceedings continue.
Different rules can apply depending on the seriousness of the offence.
So the statement "bail is free" should not be interpreted as meaning there can never be legal conditions connected with bail.
For example, a person may be required to enter into a recognisance or provide acceptable sureties.
What should not happen is an unofficial payment to police officers as the price for being granted police bail.
9. You Cannot Be Arrested Simply Because Police Cannot Find Someone Else
Nigeria now has a clear statutory rule against arrest in lieu.
Section 36 of the Nigeria Police Act 2020 states that:
A person shall not be arrested in place of a suspect.
The Administration of Criminal Justice Act contains the same principle.
This means a person's wife, husband, brother, sister, parent, child or friend should not simply be detained as a substitute because police are looking for another person.
Every arrest must have its own lawful basis.
10. Arrest Should Not Be Used Merely to Settle Civil Disputes
Another important protection under the Police Act is that a person should not be arrested merely because of a civil wrong or breach of contract.
Not every disagreement involving money, business, property or a failed agreement automatically becomes a criminal offence.
Some disputes properly belong in civil court.
This does not prevent police from investigating where the facts genuinely disclose an alleged criminal offence, such as fraud.
The key point is that police arrest should not become an ordinary debt-collection mechanism.
11. You Should Be Brought Before a Court Within a Reasonable Time
Police detention cannot lawfully continue indefinitely without judicial oversight.
Section 35 of the Constitution requires an arrested person to be brought before a court within a reasonable time.
The Constitution defines reasonable time according to access to a court of competent jurisdiction. In areas where such a court exists within 40 kilometres, the constitutional period is generally one day. In other circumstances, it may extend to two days or another period considered reasonable by the court.
The Police Act also contains procedures requiring action when a person arrested for certain non-capital offences cannot practically be brought before a court within 24 hours.
The important point is this:
Police custody should not be used for indefinite detention without bringing the person under appropriate judicial process.
If someone remains detained beyond the lawful period, legal assistance should be obtained quickly.
12. Restraints Should Not Be Used Unnecessarily
Being arrested does not automatically justify excessive restraints.
The Nigeria Police Act provides that a suspect should generally not be handcuffed, bound or subjected to restraint unless, for example:
there is a reasonable fear of violence;
there is a risk of escape;
restraint is necessary for safety; or
a court orders it.
This reflects the broader requirement to treat suspects humanely.
13. Do Police Need a Warrant Before Every Arrest?
No.
This is an important correction to a common misconception.
Police officers can lawfully arrest without a warrant in a number of circumstances provided by law.
For example, the Police Act allows warrantless arrest in specified situations involving reasonable suspicion of certain offences, an offence committed in the officer's presence and other legally defined circumstances.
So the fact that an officer does not immediately produce an arrest warrant does not automatically make every arrest illegal.
What matters is whether the arrest falls within a lawful power.
14. Can Police Search You?
Police have statutory search powers, but those powers are not unlimited.
Depending on the circumstances, the Police Act allows searches of persons, property and places under defined legal conditions.
Where you are unsure whether a search is lawful, do not physically fight the officer.
Ask why the search is being conducted and, where appropriate, request the legal authority or warrant being relied upon.
Any challenge to an allegedly unlawful search can then be addressed through your lawyer or the courts.
15. Can Police Search Your Phone?
This issue requires more care than the old claim that:
"Police cannot search your phone without a search warrant."
That statement is too absolute.
Nigeria's Constitution protects the privacy of citizens and their communications, but law-enforcement agencies also possess statutory investigation and search powers in appropriate circumstances.
Whether access to a mobile phone, messages, documents or digital information is lawful can depend on factors including the investigation, the statutory power being exercised, whether a warrant or court order exists and the circumstances in which the device was obtained.
So you should not assume either that:
police may search every phone whenever they want, or that
a warrant is legally required in every imaginable circumstance.
If officers demand access to digital information during an investigation and you are unsure of your legal position, calmly request legal advice.
Do not physically resist or destroy information.
16. You Are Presumed Innocent Until Proven Guilty
Section 36(5) of the Constitution establishes one of the fundamental principles of criminal justice:
A person charged with a criminal offence is presumed innocent until proved guilty.
Being arrested does not mean a person has been convicted.
Being invited for questioning does not mean guilt has been established.
Even when police believe they have strong evidence, guilt is ultimately determined through the legal process.
This is why suspects should avoid being publicly treated as though conviction has already occurred.
17. Do Not Physically Resist a Lawful Arrest
Knowing your rights does not mean fighting police officers.
Even if you believe an arrest is unjustified, physical resistance may create additional legal problems and can make the situation more dangerous.
Where possible:
remain calm, ask the reason for the arrest, identify the officers or station involved, contact a lawyer or trusted person and challenge an unlawful arrest through lawful procedures.
Rights are usually better protected through documentation, legal representation and judicial review than through confrontation at the point of arrest.
18. Keep Important Details
Where it can be done safely, remember or record useful details such as:
the names or identifying information of officers involved;
police station or unit;
time and place of arrest;
alleged offence;
names of witnesses;
property taken from you;
injuries suffered; and
any money improperly demanded.
These details may later become important when a lawyer reviews what happened.
19. What If Your Property Is Taken?
Where property is taken during arrest or investigation, police procedures provide for the handling and recording of property obtained from suspects.
Ask for documentation where appropriate.
Do not voluntarily abandon valuable property simply because you were arrested.
If there is disagreement about seized property, raise it with your lawyer.
20. Where Can You Complain About Police Misconduct?
Serious misconduct should be reported through legitimate channels.
Depending on what occurred, complaints may be made to bodies including:
The Nigeria Police Force
Complaints involving police officers can be reported through appropriate police complaint channels and supervisory structures.
Police Service Commission
The Police Service Commission has responsibilities relating to discipline and complaints concerning police misconduct.
National Human Rights Commission
The National Human Rights Commission receives complaints concerning alleged human-rights violations, including complaints involving unlawful detention and police misconduct.
The Commission continues to report complaints relating to arbitrary detention, police misconduct and access to justice.
A lawyer
Where someone's liberty, safety or criminal liability is involved, obtaining legal representation is particularly important.
Depending on the circumstances, a lawyer may seek bail, challenge detention or pursue other remedies through the courts.
What Should You Do If You Are Arrested?
The first few minutes can matter.
Try to remain calm.
Ask why you are being arrested.
Do not physically fight the arresting officers.
Ask which police station or unit you are being taken to.
Request access to a lawyer.
Remember that you have the right to remain silent regarding substantive questioning until after legal consultation.
Provide contact information so an appropriate relative or next of kin can be notified.
Do not sign documents you have not read or do not understand.
Do not make a false confession.
Do not offer a bribe.
Where police bail is legally available, do not treat an unofficial payment to an officer as a lawful bail charge.
Frequently Asked Questions
Is police bail free in Nigeria?
Police bail should not require payment of an unofficial fee to an officer.
The Police Act provides mechanisms for release through recognisance, with or without sureties depending on the circumstances.
Court bail is a separate process and may involve conditions imposed by the court.
Can police arrest me without a warrant?
Yes, in circumstances authorised by law.
A warrant is therefore not required for every arrest.
Can police arrest my relative if they cannot find me?
A person should not be arrested merely as a substitute for another suspect.
Section 36 of the Police Act expressly prohibits arrest in lieu.
Can I refuse to answer police questions?
An arrested or detained person has a constitutional right to remain silent or avoid answering questions until after consulting a legal practitioner or another person of their choice.
Can I ask for a lawyer before writing a statement?
Yes.
The Police Act expressly recognises the right to consult a lawyer before making, endorsing or writing a statement or answering questions following arrest.
Can police torture a suspect to obtain information?
No.
Suspects are entitled to humane treatment and protection from torture, cruel, inhuman or degrading treatment.
Can the police detain someone indefinitely while investigating?
No.
The Constitution and criminal-procedure laws impose requirements concerning bringing arrested persons before a court and releasing qualifying suspects on bail.
Does arrest mean I am guilty?
No.
A person charged with a criminal offence is presumed innocent until proved guilty.
The Bottom Line
The most useful thing to remember when dealing with an arrest is not to panic.
Know the allegation.
Remain calm.
Know that you can seek legal advice.
Understand that you have a right to remain silent in accordance with the law.
Do not make false statements or sign documents you do not understand.
Do not physically resist officers simply because you disagree with the arrest.
And remember that an arrest is not the same thing as a conviction.
Knowing your rights allows you to protect yourself without obstructing legitimate law enforcement.
References
Constitution of the Federal Republic of Nigeria 1999, as altered.
Administration of Criminal Justice Act, 2015.
Nigeria Police Act, 2020, as amended.
Federal Ministry of Justice. Administration of Criminal Justice Act, 2015.
Nigeria Police Force. Public guidance on police bail.
National Human Rights Commission.
Police Service Commission.
Legal Disclaimer
This article provides general public legal education and is not legal advice for a particular case. Criminal procedure can depend on the alleged offence, jurisdiction and specific circumstances. Anyone who has been arrested, detained, charged with an offence or believes their rights have been violated should consult a qualified Nigerian legal practitioner as soon as possible.
No comments:
Post a Comment