Introduction
Being arrested by the police can be frightening, especially if you do not know your rights. Many people panic or unknowingly make mistakes that worsen their situation.
Nigerian law provides several protections for anyone who is arrested, and knowing these rights can help you protect yourself.
This guide explains the important steps to take if you are arrested by the police in Nigeria.
1. Stay Calm and Do Not Resist Arrest
The first thing to do when a police officer attempts to arrest you is to remain calm.
Resisting arrest or trying to fight the police can lead to additional charges. Even if you believe the arrest is wrongful, it is usually better to cooperate peacefully and address the issue through legal channels later.
You may politely ask the officer why you are being arrested.
Under Nigerian law, a person who is arrested has the right to be informed of the reason for the arrest.
2. Ask the Police Officer to Identify Themselves
It is reasonable to ask the officer to identify themselves. Police officers are expected to carry identification.
You may ask for:
The officer’s name
Rank
Police station or command
This information can be useful if there is later a complaint about the arrest.
3. Ask for the Reason for Your Arrest
The law requires the police to inform you of the reason for your arrest.
Section 35 of the Constitution of the Federal Republic of Nigeria 1999 (as amended) provides that every person who is arrested must be informed promptly, in a language they understand, of the reason for their arrest.
If the police refuse to tell you why you are being arrested, you should calmly request that they explain the allegation.
4. Do Not Make Statements Without a Lawyer
One of the most important things to remember is that you have the right to remain silent.
You are not required to make a statement immediately after your arrest.
Before writing or signing any statement, you should request to speak with a lawyer. A legal practitioner can advise you on how to respond and ensure that your rights are protected.
Under the Administration of Criminal Justice Act 2015, a suspect has the right to legal representation during police interrogation.
5. Inform a Family Member or Friend
If you are arrested, you have the right to inform someone about your arrest.
You may contact:
A family member
A friend
Your lawyer
This helps ensure that someone knows where you are and can assist in arranging legal representation or bail.
6. Understand That Bail Is Your Right in Many Cases
In many cases, the police can grant bail.
Contrary to popular belief, police bail is free in Nigeria. You should not be required to pay money before being released on bail.
If the offence is minor or bailable, you may be granted bail while the police continue their investigation.
However, some serious offences may require the court to grant bail instead of the police.
7. Avoid Signing Documents You Do Not Understand
Sometimes suspects are asked to sign written statements or documents.
Never sign any document unless:
You understand the contents
You agree with what is written
Your lawyer has advised you
Signing a statement that is not accurate can harm your defence later in court.
8. Know the Time Limit for Police Detention
The police cannot detain a suspect indefinitely.
Under Nigerian law, a person arrested must be brought before a court within a reasonable time.
This generally means:
24 hours where a court is within a reasonable distance
48 hours where a court is not nearby
If the police continue to detain a suspect beyond this period without taking them to court, it may amount to unlawful detention.
9. Record Important Details of the Arrest
If possible, try to remember or record important details such as:
The time of arrest
The location of the arrest
Names of officers involved
The police station where you were taken
These details may be useful if your lawyer later challenges the legality of the arrest.
Conclusion
Being arrested does not mean you are guilty of a crime. The law protects every individual and guarantees several rights to suspects.
If you are arrested by the police in Nigeria, remember to remain calm, request the reason for your arrest, avoid making statements without legal advice, and contact a lawyer as soon as possible.
Knowing these basic steps can help you protect your rights and avoid unnecessary legal problems.
Disclaimer
This article is for general informational purposes only and does not constitute legal advice. For advice on a specific situation, consult a qualified legal practitioner.
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