JudeEsq
An arrest is frightening and disorienting. The first few minutes and hours shape the entire case that follows. Below I set out the five most common mistakes I see in practice, the legal reasons those mistakes matter, and simple, practical steps to protect your rights if you or someone you care for is arrested.
1. Talking too much and volunteering a confession or explanation
Many people try to explain themselves to the arresting officer. Others confess because they are terrified or because an officer promises a quicker release. A signed statement or a recorded admission can be used against you at trial unless it is shown to be unreliable or obtained by oppression. The Constitution guarantees the arrested person the right to remain silent until after consultation with a legal practitioner or another person of the person’s choice, and the law places strict rules on when and how confessions may be admitted in evidence. Always remember that silence is a right you can and should use.
Do this instead: Say nothing about the alleged offence except to ask for a lawyer. If the police ask you to sign a statement, refuse to sign anything you have not read and understood in your own language. Ask for the presence of a legal practitioner or an independent witness when any statement is recorded.
2. Failing to demand or secure legal representation immediately
A common error is to allow the police to question or to make a statement without any legal advice. The law requires that an arrested suspect be given reasonable facilities for obtaining legal advice and communications to arrange bail or other steps for the suspect’s defence. The suspect may also have a statement recorded in the presence of a legal practitioner or other approved person. If you delay or do not insist on legal representation you lose protections that the law provides.
Do this instead: State clearly that you wish to speak with a lawyer. If you cannot afford a lawyer, ask for an official from the Legal Aid Council or another authorised independent person to be present while statements are taken. Keep asking until you are allowed that access.
3. Not checking or recording the details of the arrest and allowing delay without remedy
People sometimes accept vague explanations of why they are being held or fail to note the time and place of arrest, the names and ranks of arresting officers, and the receipt number for any property taken. The Administration of Criminal Justice law requires that arrests be recorded and the recording process be concluded within a reasonable time but not exceeding forty eight hours. There are also statutory remedies where a suspect is detained without bail beyond a short period; a court may be notified and asked to order production and inquire into the grounds of detention. Keeping no record of what happened makes it much harder to challenge unlawful detention later.
Do this instead: Tell the officers you want them to record the arrest and note the time and station. Ask for the names and ranks of the arresting officers and for any official reference numbers. If you are detained, request to be taken before a court or ask for an application for bail to be made without delay. If possible, have a relative or friend note the time and place and the details you can provide.
4. Attempting to bribe an officer or physically resisting arrest
Offering money or other gratification to a public officer is an offence under anti corruption law and can lead to separate criminal exposure. Attempting to resist an arrest by force can also result in additional charges and may be used to justify greater force or extended detention. The correct response is to protect your rights within the law and to use legal channels to correct any abuse.
Do this instead: Do not hand money or gifts to an officer. Do not struggle or run where it will be unsafe. Make calm, clear requests to contact a lawyer and to have your family informed. If an officer demands money, do not give it; instead record the officer’s name and file a complaint through the appropriate authorities later.
5. Failing to document injuries or to complain about ill treatment
Many arrested persons regret later that they did not seek medical attention, take photographs, or obtain an independent statement after alleged ill treatment. The Constitution protects the dignity of the human person and prohibits torture and degrading treatment. The Anti Torture law criminalises torture and gives victims a route to complain and seek redress. Prompt documentation of injuries and a medical report can be critical evidence if you were mistreated.
Do this instead: If you are injured or ill treated, ask for immediate medical attention and insist that the injuries be recorded. Where safe, take photographs and keep copies of any medical reports. Notify a lawyer and consider reporting the conduct to the Legal Aid Council, to reputable civil society organisations that monitor human rights, or to the appropriate prosecuting authority.
Quick checklist to keep in your head
- Tell the officers you wish to remain silent and that you want a lawyer.
- Ask for the arrest to be recorded and note time, place and officer details.
- Do not sign statements you have not read in your language.
- Do not offer money or physical resistance.
- If you are harmed, get medical documentation and notify counsel immediately.
This note explains common legal and practical pitfalls after arrest. It is general information and does not replace personalised legal advice. If you or someone close to you has been arrested and you need immediate assistance, you can reach out through my website at Jude.ng for a consultation.
