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By Sandra Adeniran, Principal Partner

An arrest is not a conviction. Knowing this is the first step, but understanding the specific rights of an arrested person in Nigeria is what truly matters. In Nigeria, an arrested person has fundamental rights guaranteed by the Constitution, including the right to remain silent, the right to legal representation, and the right to be informed of the reason for the arrest. These protections are not privileges; they are legally mandated safeguards under Section 35 of the 1999 Constitution of the Federal Republic of Nigeria (as amended) to ensure fair treatment and prevent abuse of power by law enforcement agencies.

Knowing your rights is essential because it is the only way to ensure they are respected. The moments during and immediately after an arrest are often confusing and intimidating. Law enforcement officers may be assertive, and without a clear understanding of your protections, it’s easy to inadvertently waive your rights or make statements that could be detrimental to your case later on. For instance, the information you provide can form the basis of the charges brought against you. Our experience in criminal law shows that outcomes often hinge on actions taken in the first 48 hours.

These rights are enshrined to balance the power between the state and the individual. They serve as a crucial check on the powers of the police and other security agencies, ensuring that arrests are not arbitrary and that the process follows due legal procedure. They form a core part of the principle of “innocent until proven guilty.”

Understanding Your Rights: Key Provisions

The foundation for the rights of an arrested person in Nigeria is primarily Section 35 of the 1999 Constitution. This is further supported by the Administration of Criminal Justice Act (ACJA) 2015, which applies to federal courts and has been adopted by many states, including Lagos. These laws provide a detailed framework for how an arrest should be conducted and the entitlements of the person being arrested.

Key rights include:

• The Right to Be Informed in Writing of the Reason for Arrest: Section 35(3) of the Constitution states you must be informed in writing, within 24 hours, of the facts and grounds for your arrest. The language used must be one you understand. This prevents arbitrary detention.
• The Right to Remain Silent: You are under no obligation to answer any questions (beyond providing basic identification) until you have spoken with a lawyer. Section 35(2) of the Constitution protects this. Anything you say can be used against you. Politely stating, “I wish to remain silent until I have consulted my lawyer,” is a complete and valid response.
• The Right to a Lawyer: You have the right to legal counsel of your own choice. Law enforcement must not deny you the opportunity to consult with your lawyer before making any statement or answering questions. This is a critical right that ensures you have expert guidance throughout the process.
• The Right to Be Brought Before a Court: The Constitution mandates that you must be brought before a court of law within a “reasonable time.” Section 35(5) defines this as 24 hours if a court is available within a 40-kilometer radius, and 48 hours in other cases. Any further detention requires a valid court order.
• The Right to Dignity of Human Person: Section 34 of the Constitution prohibits torture, inhuman, or degrading treatment. You must not be subjected to any form of physical or mental abuse while in custody. The Anti-Torture Act of 2017 further criminalizes such acts and provides for penalties against offending officers.

The most powerful tool you have during an arrest is not aggression, but silence. State your name, then state your desire for a lawyer. Say nothing else. This simple act preserves all your future legal options.

What an Arrest Is Not

It’s just as important to understand what an arrest is not. Misconceptions can lead to fear, panic, and poor decisions. An arrest is a procedural step; it is not a final judgment.

• An Arrest is Not a Finding of Guilt: Being arrested does not mean you have been convicted of a crime. It simply means a law enforcement agency has reason to suspect you have committed an offence. The entire purpose of the subsequent legal process is to determine guilt or innocence through evidence presented in a court of law.
• An Arrest is Not an Invitation for a Chat: The police station is not a neutral ground for an informal conversation. Any discussion is part of a formal investigation. As a leading law firm in Nigeria, we always advise clients that even seemingly casual questions are designed to gather information for the prosecution.
• An Arrest is Not the End of Your Freedom: While your liberty is temporarily restrained, the law provides clear pathways to regain it, primarily through bail. The system is designed to allow for your release pending the determination of your case, provided certain conditions are met. Knowing how nigeria’s bail process works is crucial.

The Role of Legal Counsel: Why it Matters

While you have the right to remain silent, the right to a lawyer is what gives that silence power. Immediately asking for a lawyer is the single most important step you can take after an arrest. A lawyer’s role goes far beyond courtroom representation.

A lawyer ensures your rights are not violated from the moment of arrest. They can prevent coercive interrogations and ensure you are not intimidated into making a false confession. Statistics and legal precedent consistently show that the presence of counsel dramatically improves case outcomes. A 2018 study by the Nigeria Bar Association on police duty solicitor schemes highlighted that early legal intervention significantly reduces instances of rights abuses.

Furthermore, a lawyer can immediately begin working on your release. They understand the requirements for police administrative bail and can quickly file a formal bail application in court if necessary. They will scrutinize the prosecution’s case, identify weaknesses, and start building your defence. In our experience providing comprehensive legal services, having a lawyer involved within the first 24 hours can be the difference between a quick resolution and a prolonged legal battle.

An arrest is a legal process, not a personal dispute. The only person equipped to navigate a legal process on your behalf is a lawyer who understands the rules.

If you or someone you know has been arrested, the most critical action is to secure legal representation immediately. Contact a qualified legal practitioner to ensure your rights are protected throughout the entire process.

Frequently Asked Questions

Can the police search my house without a warrant after an arrest?

Generally, no. The police need a search warrant to search your property. However, there are exceptions, such as if they have reason to believe you are about to destroy evidence related to the crime you were arrested for. Even then, the search must be reasonably connected to the arrest.

How long can I be held in police custody in Nigeria?

According to Section 35(5) of the 1999 Constitution, you should not be detained for more than 24 or 48 hours without being charged to court, depending on the court’s proximity. Any detention beyond this period requires a remand order from a Magistrate Court, as established by the Administration of Criminal Justice Act 2015.

Do I have to pay for bail?

Police bail is officially free. However, a court may set a bail bond, which is a financial guarantee that you will attend your trial. This might involve depositing a sum of money or property with the court, which is refundable after the case is over. A detailed guide from the CLEEN Foundation, a Nigerian non-governmental organization, breaks down these distinctions.

What if I cannot afford a lawyer?

You have the right to free legal representation provided by the state through the Legal Aid Council of Nigeria. You must inform the police that you require a lawyer from the Legal Aid Council or other non-profit organizations that provide pro-bono services. The official website for the Legal Aid Council provides more information on eligibility and services.

What should I do if my rights are violated during an arrest?

If you believe your rights have been violated, you should document everything you can remember: the names and badge numbers of the officers, the time and location of the events, and any witnesses. Then, report this to your lawyer. You may be able to file a fundamental rights enforcement action in court to seek redress, as provided for by the Fundamental Rights (Enforcement Procedure) Rules, 2009.