Being arrested by the police or any other security agency can be a frightening experience, especially for people who are unfamiliar with their constitutional rights. However, legal experts stress that an arrest does not take away a person’s fundamental rights, as the Nigerian Constitution provides several safeguards to protect citizens from unlawful treatment.
Insightlinks gathered that the 1999 Constitution of the Federal Republic of Nigeria (as amended) guarantees the right to life (Section 33), personal liberty (Section 35), fair hearing (Section 36), privacy (Section 37), freedom of expression (Section 39) and freedom of movement (Section 41).
Specifically, Section 35(2) states that anyone arrested or detained has the right to remain silent or answer questions only after consulting a legal practitioner or another person of their choice. Section 35(4) further provides that an arrested person must be brought before a court within a reasonable time.
While citizens are encouraged to know and assert these rights, the Nigeria Police Force advises against resisting arrest.
Police Public Relations Officer of Oyo State, DSP Ayanlade Olayinka said resisting arrest is an offence, and suspects should remain calm while seeking legal protection through lawful means.
Here are five key constitutional rights every Nigerian should know when dealing with an arrest:
1. Right to know why you are being arrested
The law requires that a person be informed of the reason for their arrest. Olayinka explained that suspects are ordinarily entitled to know the allegation against them, except in situations where revealing such information could jeopardise an ongoing investigation or the interest of justice.
Constitutional law scholar, Prof. Nnamdi Aduba, advised citizens to observe the circumstances surrounding an arrest and ensure the officer is acting in an official capacity. He, however, noted that where a person is caught committing an offence, the police have the power to make an immediate arrest.
2. Right to remain silent until you consult a lawyer
One of the most important protections under the Constitution is the right to remain silent until legal advice is obtained.
Legal experts say suspects should avoid making statements until they have spoken with a lawyer. Aduba added that the police ought to inform an arrested person of this right before taking any statement.
The police also recommend that statements be taken in the presence of a lawyer or a trusted family member to ensure transparency and protect the suspect’s rights.
3. Right to contact a lawyer and family members
An arrested person has the constitutional right to communicate with a lawyer and notify a family member or another trusted person about their arrest and whereabouts.
Senior Advocate of Nigeria, Dr. Monday Ubani, said access to legal representation is a fundamental right and suspects are entitled to remain silent until they receive legal advice.
4. Right to be presumed innocent and receive a fair hearing
Under Section 36 of the Constitution, every accused person is presumed innocent until proven guilty by a competent court of law.
Ubani explained that the police are responsible for investigating allegations and cannot declare a suspect guilty. Every accused person must be given a fair opportunity to defend themselves before any conviction can be secured.
5. Right to humane treatment and lawful detention
The Constitution also protects arrested persons from torture, assault and degrading treatment while in custody.
According to Olayinka, suspects are entitled to medical attention where necessary and should be kept under humane conditions.
Ubani added that suspects may be granted administrative bail within 24 hours of arrest, or within 48 hours where there is no court within reasonable proximity, subject to the nature of the alleged offence and other legal requirements.
How to conduct yourself during an arrest
Legal experts advise Nigerians to remain calm, avoid resisting or confronting officers physically, and politely ask for the reason for the arrest. Suspects should request access to a lawyer, inform a trusted family member or friend about their whereabouts, avoid signing statements they do not understand, and insist on being treated in accordance with the law.
Knowing these constitutional rights can help citizens protect themselves from unlawful detention and abuse while ensuring they cooperate peacefully with law enforcement officers throughout the legal process.
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