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Know Your Rights: What the Nigerian Constitution Says About Police Arrests
If you or someone you care about is arrested, knowing your constitutional rights is the single most important thing you can do in those first hours. I write this as a practicing Nigerian lawyer to give you a clear, practical summary of the protections that the Constitution gives every person who is arrested or detained in Nigeria. I will state the law plainly and point you to the specific provisions so that you can check them for yourself.
The foundation: right to personal liberty
The Constitution begins from a simple premise. Every person is entitled to personal liberty and no person may be deprived of that liberty except in the limited circumstances the law allows. In practice this means that arrest and detention are exceptions to freedom and must follow the exact procedures the Constitution requires. If those procedures are not followed, the arrest or detention is unlawful and the detained person has remedies in court.
What you must be told and how quickly
One of the clearest protections is the requirement that any person who is arrested or detained shall be informed in writing within twenty four hours, and in a language that the person understands, of the facts and grounds for the arrest or detention. This is not a courtesy. It is a constitutional requirement meant to prevent secret detention and to ensure that the person knows why their freedom has been taken. If the police fail to provide this information in writing within twenty four hours, that failure can be the basis for a legal challenge.
The right to remain silent and to consult a lawyer
The Constitution also protects a detained person from being compelled to answer questions before consulting with a legal practitioner or any other person of the detained person of their choice. In short, a person has the right to remain silent until after they have had the opportunity to speak with a lawyer. This protection helps prevent coerced statements and ensures that the detained person can obtain legal advice about how to proceed.
Speedy court appearance and limits on detention before trial
The Constitution requires that where a person is detained in certain circumstances they must be brought before a court within a reasonable time. It also sets maximum time frames for trial delays in specific situations. For example, if a person is held in custody and is not tried within two months from the date of arrest, the court must consider release options. If a person has been released on bail and is not tried within three months, the court must likewise consider release. These provisions are meant to protect against indefinite detention without trial. In addition, the Administration of Criminal Justice Act of 2015 contains further rules on remand and the procedure for bringing a detained person before a court.
Remedies for unlawful arrest or detention
If a court finds that an arrest or detention was unlawful, the Constitution gives the detained person the right to compensation and to a public apology from the appropriate authority or person. The purpose of this remedy is not only to compensate the victim but also to hold authorities accountable and to deter similar unlawful conduct in the future.
Practical steps to protect your rights at the moment of arrest
Law is most useful when it meets practice. If you are arrested keep these steps in mind:
- Stay calm and do not resist physically. Violence will only make the situation worse.
- Ask immediately to be informed in writing of the facts and grounds for your arrest and insist that it be in a language you understand. If you are not given that information within twenty four hours, note that fact and tell your lawyer.
- Say that you wish to remain silent until you have consulted a legal practitioner. Do not answer questions without counsel.
- Ask to be taken promptly before a court if the law requires it in your circumstances. If you are kept in custody beyond the time allowed by law or by court order without being charged, tell your lawyer.
- If you can, inform a family member or friend of your arrest so that someone outside can take steps on your behalf.
What the law does not mean
It is important to be realistic. Constitutional protections exist on paper and in court. Implementation can be imperfect. Courts have developed tests and procedures through case law to interpret these constitutional guarantees. The Administration of Criminal Justice Act of 2015 also contains procedural safeguards that work together with the Constitution. Knowing your rights and enforcing them through a lawyer increases the chance that the guarantees will be respected.
How a lawyer can help you immediately
A lawyer can demand that the police comply with the constitutional requirement to give written grounds for arrest. A lawyer can move the court quickly where statutory or constitutional time limits are breached. A lawyer can also advise about statements taken in custody and challenge coerced confessions. If you cannot afford a private lawyer and injustice may result, the court can order that legal assistance be provided in certain circumstances.
The Constitution gives strong protections against arbitrary arrest and detention. Those protections include the right to personal liberty, the right to be told the reasons for arrest in writing within twenty four hours in a language that you understand, the right to consult a legal practitioner before answering questions, time limits on detention before trial, and remedies where the law is breached. Knowing these rights and asserting them calmly and clearly can make the difference between an unlawful detention and a lawful process that respects your dignity.
