What to Do If You Are Arrested in Nigeria: Know Your Rights

An arrest can be frightening. But knowing your rights can protect you from...

An arrest can be frightening. But knowing your rights can protect you from abuse.

1. What Is an Arrest?

An arrest happens when a law enforcement officer restricts your freedom because you are suspected of committing an offence.

You may be arrested:

  • With a warrant

  • Without a warrant (in certain situations)

2. Your Constitutional Rights When Arrested

Under the Nigerian Constitution, you have the right to:

✔ Be informed of the reason for your arrest

You must be told what offence you are accused of.

✔ Remain silent

You are not required to confess or answer questions without a lawyer.

✔ Consult a lawyer

You have the right to legal representation.

✔ Be brought before a court within a reasonable time

Usually within:

  • 24 hours (if court is nearby)

  • 48 hours (if far from court)

Detaining someone longer without court appearance may be unlawful.

3. Can the Police Detain You Indefinitely?

No.

Even if investigations are ongoing, detention must follow the law.

If police need more time, they must obtain a remand order from a court.

4. Can Police Torture a Suspect?

Absolutely not.

Torture, beating, or degrading treatment violates constitutional rights and may amount to a crime.

5. What Should You Do If Your Rights Are Violated?

You can:

  • File a complaint

  • Petition higher authorities

  • File a Fundamental Rights Enforcement case in court

  • Seek damages

Knowing your rights reduces the risk of abuse.

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