Being arrested can be a frightening experience but knowing your rights under Nigerian law can make all the difference. Whether you’re directly involved or just helping someone in distress, this guide outlines what the law says and what to do next.
1. Your Right to Remain Silent
Under Section 35(2) of the Nigerian Constitution, every arrested person has the right to remain silent or avoid answering questions until after consulting with a lawyer. Anything you say can be used against you in court.
2. You Must Be Informed of the Reason
The police must inform you of the reason for your arrest, in a language you understand. Arresting someone without cause or failing to explain why is a violation of constitutional rights.
3. You Have a Right to a Lawyer
According to Section 35(2) of the 1999 Constitution (as amended), you have the right to consult a legal practitioner of your choice. If you cannot afford one, the Legal Aid Council of Nigeria may assign one to you.
4. Bail Is Your Right
For most offenses (excluding capital crimes), bail is a constitutional right. The police or court should grant bail within 24–48 hours depending on the case and situation. You can demand to speak with your lawyer to apply for bail.
5. You Must Be Charged or Released Within 24 – 48 Hours
The police are required to charge you to court within 24 to 48 hours (depending on proximity to a court) or release you. Detaining someone without charge beyond this period is unlawful.
6. Avoid Bribery or Resistance
Do not resist arrest, even if it’s unlawful. Instead, comply peacefully and take note of names, badge numbers, and any witnesses. Avoid offering bribes it may worsen your situation.
7. If Your Rights Are Violated
You can file a fundamental human rights case in a Federal or State High Court for unlawful arrest or detention. Compensation or public apology can be sought under Nigerian law.
Key Legal Backings:
Section 35 & 36 of the Constitution of Nigeria (1999)
Administration of Criminal Justice Act (ACJA)
Legal Aid Council of Nigeria Act
No one expects to be arrested, but understanding your rights can protect you or someone you love. Always involve a lawyer immediately, stay calm, and act within the law.
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