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🇳🇬 Nigeria /Crime & Justice

Five rights you have when arrested by police

From The Punch · () English

Summarized and contextualized by DistantNews.

At a glance

Explainer Sources not specified Context piece
  • The Nigerian Constitution guarantees several rights to individuals upon arrest, including the right to remain silent and consult a legal practitioner.
  • Police spokesperson DSP Ayanlade Olayinka advised against resisting arrest, noting it is an offense, and stressed the importance of knowing and asserting one's rights.
  • Key rights include being informed of the reason for arrest, remaining silent until legal counsel is present, and being brought before a court promptly.

Encountering the police during an arrest can be intimidating, especially if individuals are unaware of their constitutional rights. Many Nigerians, due to ignorance or fear, may forgo their fundamental protections. However, an arrest does not negate these rights.

A person who is arrested or detained has the right to remain silent or answer questions only after consulting a legal practitioner or any other person of their choice.

— 1999 Constitution of the Federal Republic of Nigeria (as amended)This quote highlights a key right guaranteed to individuals upon arrest.

The 1999 Constitution of Nigeria, as amended, explicitly outlines protections for arrested or detained persons. Section 35(2) states that an individual has the right to remain silent or speak only after consulting a legal practitioner or another chosen individual. Furthermore, Section 35(4) mandates that arrested persons must be brought before a court within a reasonable timeframe.

Resisting arrest is itself an offence, the police spokesperson, DSP Ayanlade Olayinka warned, and any physical force used during an arrest must not amount to assault or battery.

— DSP Ayanlade OlayinkaThe police spokesperson advises on the legal boundaries of resisting arrest and the use of force.

Police spokesperson DSP Ayanlade Olayinka cautioned that resisting arrest is itself an offense and that any force used during an arrest must not constitute assault or battery. He emphasized that knowing and asserting one's rights is a crucial safeguard against unlawful arrest and potential abuse in police custody.

Suspects have the right to know why they are being arrested, although there may be exceptions where disclosing the reason could jeopardise an ongoing investigation or the interests of justice.

— DSP Ayanlade OlayinkaThe police spokesperson clarifies the right to be informed of the reason for arrest.

Professor of Constitutional Law Nnamdi Aduba advised individuals to assess the circumstances of an arrest, including its location and whether the officer is acting officially. While suspects generally have the right to know the reason for their arrest, exceptions exist if disclosure would jeopardize an investigation. The constitution also guarantees rights to life, personal liberty, fair hearing, privacy, freedom of expression, and freedom of movement.

However, he cautioned that if a person is caught in the act of committing an offence, the police may arrest them immediately.

— Professor Nnamdi AdubaA constitutional law professor explains an exception to the rule of informing suspects of the arrest reason.
DistantNews Editorial

Originally published by The Punch. Summarized and contextualized by our editorial team with added local perspective. Read our editorial standards.

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