Introduction
In any democratic society, the power of arrest and detention is one of the most powerful coercive tools available to the State. Given its far-reaching implications for individual liberty, the 1999 Constitution of the Federal Republic of Nigeria (as amended), the Administration of Criminal Justice Act (ACJA) 2015, and corresponding state laws—such as the Administration of Criminal Justice Laws (ACJL) of Lagos and Kano—as well as the Police Act, have all established safeguards to protect the rights of citizens.
This paper outlines the constitutional and statutory rights available to every Nigerian when stopped, searched, or arrested by law enforcement officers. These safeguards are further reinforced by judicial pronouncements, which provide guiding precedents and strengthen the legal framework protecting individual liberties.
THE POLICE MUST:
- Identification by Law Enforcement Officers
Section 35(1) of the 1999 Constitution of the Federal Republic of Nigeria (as amended) guarantees the right to personal liberty and expressly prohibits unlawful detention. Accordingly, only the police and other legally authorized security agencies have the lawful power to arrest individuals. When making an arrest, such law enforcement officers are required to properly identify themselves—by name, rank, and where necessary, presenting valid identification, especially when not in uniform.
Case Law Support:
In Oguebie v. FRN (2018) LPELR-44806(CA), the Court of Appeal held that detention without charge is unconstitutional and a breach of the right to liberty protected under Section 35.
Similarly, in NDLEA & Ors v. Bwala (2022) LPELR-56566(CA), the court reaffirmed that:
“Section 35 of the 1999 Constitution of the Federal Republic of Nigeria (as amended) guarantees the right to personal liberty of all Nigerians.”
— Per Jimi Olukayode Bada, JCA (P. 39, Paras E–F)
Exception: Arrest by Private Individuals
An exception to the above rule exists where an arrest is carried out by a private individual. Under Nigerian law, a private person may lawfully arrest: A suspect committing an offence in their presence, or A person they reasonably suspect of having committed an offence for which the police could lawfully arrest without a warrant.
However, such a private individual must immediately hand over the suspect to the police. This requirement is provided for under Sections 39 and 40 of the Police Act, 2020.
- Inform the Suspect of Their Rights
The Police or any enforcement agency conducting the arrest must inform the suspect being arrested of his or her rights. Section 35 of the Police Act 2020 and Section 35(2) of the Constitution provides for the following;
- Right to remain silent
- Right to a lawyer of their choice
- Right to be informed of the offence
- Right to notify a relative or friend immediately
- The Police Shall Not Demand Money for Bail
No person should be required to pay for bail. It is unlawful for any police officer to demand or receive money in exchange for granting bail to a person who has been arrested.
Bail is free — this is clearly recognized under Nigerian law.
Any monetary demand made by a police officer or law enforcement agent in the context of bail constitutes corruption and is a criminal offence. Victims of such unlawful demands are encouraged to refuse payment and report the officer to the appropriate authorities, such as the Police Complaint Response Unit (CRU).
Relevant Law:
Section 35(2) of the 1999 Constitution
Section 64 of the Police Act, 2020
YOU HAVE THE RIGHT TO:
- Remain silent: Section 35(2) Constitution and Section 6(2) (a) ACJA.
This ensures that an accused is not compelled to confess or provide evidence against himself.
Case Law: In Nwangbomu v. State (1994) 2 NWLR (Pt. 327) 380, the Court held that an accused person cannot be compelled to testify or produce evidence against himself.
- Be informed of the Offence: Section 35(3) of the Constitution requires that a person be informed promptly, and in the language he understands, of the reason for arrest and the nature of the offence.
Case Law: Fawehinmi v. IGP (2002) 7 NWLR (Pt. 767) 606 the Supreme Court stressed that suspects must be given clear information about the reasons for their arrest.
- Contact your lawyer: Right to Counsel
Section 36(6)(c) of the 1999 Constitution of the Federal Republic of Nigeria (as amended) and Section 35 (2) of the Police Act, 2020 guarantees the right of every person to be defended by a legal practitioner of their choice.
This means that any person who is arrested, detained, or facing trial has a fundamental right to consult with and be represented by a lawyer. Denial of access to legal counsel is a violation of the right to fair hearing.
Case Law: Ogugu v. State (1994) 9 NWLR (Pt. 366) 1 the Supreme Court held that denial of access to counsel amounts to a breach of fair hearing. See also JAMES v. INEC & ORS (2013) LPELR-20322(CA)
- Be charged or released within 24–48 hours: Right to Arraignment within a Reasonable Time.
Under Section 35(4) of the 1999 Constitution of the Federal Republic of Nigeria (as amended), any person who is arrested or detained must be brought before a court of law within a reasonable time.
A “reasonable time” is defined as:
24 hours if a Court is located within a 40-kilometre radius of the place of arrest or detention.
48 hours or more if no Court is within that distance.
Where this time limit is exceeded without lawful justification, the detention becomes unconstitutional, and the affected person is entitled to seek enforcement of their fundamental rights.
Case Law: Lufadeju v. Johnson (2007) 8 NWLR (Pt. 1037) 535 that detention beyond constitutional limits was held unlawful.
See also BALA v. NIGERIAN ARMY (2024) LPELR-62538(SC) where the Supreme Court held thus:
“My Lords, an allegation of crime is not a ground for perpetual detention no matter the gravity of the offence. Hence people should not be kept in detention in perpetuity at the pleasure of the authority saddled with the responsibility to prosecute them when there is an allegation of crime. It is in the bid to prevent such situation that the Constitution has provided for time limit within which individuals who are alleged to have committed offences to be tried before Courts of competent jurisdiction.
- Be treated with Respect and Dignity: Section 34(1) of Constitution of the Federal Republic of Nigeria 1999 as amended prohibits torture, inhuman, or degrading treatment.
Section 34 of the Police Act, 2020 provides that the suspect being handcuffed must not be handcuffed, bound or subject to restraint unless there is reasonable apprehension or an attempt to escape, restraint considered necessary for safety of suspect or order of Court. Section 37 also provides that a suspect arrested must be accorded humane treatment having regard to his right of human dignity.
Case Law: Uzoukwu v. Ezeonu II (1991) 6 NWLR (Pt. 200) 708 the Court emphasized the inviolability of human dignity and condemned acts of degrading treatment.
See also KUMO & ANOR v. EFCC & ANOR (2023) LPELR-60496(CA) where the court held that:
“Now, Section 34(1)(a) of the 1999 Constitution enshrines that: “34. (1) Every individual is entitled to respect for the dignity of his person, and accordingly – (a) No person shall be subjected to torture or inhuman or degrading treatment”. The word “torture” has been defined by the Black’s Law Dictionary (8th Ed.) on p. 1528 to mean – “the infliction of intense pain to the body or mind to punish, to extract a confession or information, or to obtain sadistic pleasure.” It therefore means that any action which inflicts intense pain to the body or mind of a person, or an act done which creates fear or danger of such act being meted on a person, qualifies as an act of Torture. See Nigerian Customs Service Board v. Barrister Suleman Mohammed (2015) LPELR – 25938 (CA).
- Right to Privacy
Section 37 of the Constitution guarantees the privacy of citizens, their homes, correspondence, telephone conversations, and communications. This protects against unlawful searches and seizures.
Case Law: Doherty v. Balewa (1961) 1 All NLR 604 held that privacy rights were recognized as essential to constitutional democracy.
Also in the case of BI-COURTNEY AVIATION SERVICES LTD v. KELANI (2021) LPELR-56365(CA) The court held thus:
“Section 37 of the Constitution provides: “The privacy of citizens, their homes, correspondence, telephone conversations and telegraphic communications is hereby guaranteed and protected”. The meaning of the term “privacy of Citizens” is not directly obvious on its face. It is obviously very wide as it does not define the specific aspects of the privacy of citizen it protects. A citizen is ordinarily a human being his body, his life, his person, thought, conscience, belief, decisions (including his plans and choices), desires, his health, his relationships, character, possessions, family etc. So, how should the term, privacy of the citizen be understood? Should it be understood to exclude the privacy of some parts of his life? The Supreme Court following the non- restrictive and liberal approach interpreted it as including the privacy of all his constituents as a human being in Medical and Dental Practitioners Disciplinary Tribunal vs. Okonkwo (2001) 5 NSCQR 650 at 684 – 685 when it held that “the right to privacy implies a right to protect one’s thought, conscience or religious belief and practice from coercive and unjustified intrusion and one’s body from unwarranted invasion.” Per ABDULLAHI MAHMUD BAYERO, JCA (Pp 24 – 25 Paras A – A)
It is pertinent to note that while interacting with law enforcement officers—whether during a stop, search, or arrest—your behaviour can significantly affect the outcome of the situation. While you have rights that must be protected, it is crucial to exercise them calmly and responsibly. Here are critical actions you must avoid:
- Argue Violently:
When stopped by offers for a search or arrest, raising your voice, becoming aggressive, or attempting to physically resist will likely escalate the situation and may result in criminal charges such as obstruction of justice, assault, or resisting arrest.
Exercising your rights does not mean being confrontational or aggressive. It is important to remember that the role of a law enforcement officer is to promote justice and public safety while also safeguarding the rights of citizens.
Instead:
Stay calm, speak respectfully, and assert your rights peacefully. If your rights are being violated, make a mental note of the details and report the incident later through the appropriate legal channels.
- Offer or Agree to Bribes
Offering money or favours to avoid arrest or gain police favour is a criminal offence under Nigerian law.
Instead:
It is advised to politely decline any suggestion of illegal payment, as it promotes corruption—the root cause of the breakdown in the country’s justice system.
CONCLUSION
The safeguards discussed above demonstrate that law enforcement powers are not absolute. Every Nigerian citizen has enforceable rights that are designed to balance state security with personal liberty. Being aware of these rights is crucial—because ignorance makes citizens more vulnerable to abuse.
Ultimately, the Constitution stands as the shield of the people. Law enforcement officers must operate within the bounds of the law, and citizens must be ready to assert their rights respectfully but firmly whenever those rights are threatened.
The goal is to protect yourself legally and safely, while maintaining respect for the law and due process.
Where there is a police misconduct, the victim may report via Police Complaint Response Unit (CRU): Please note that all cases MUST have DATE, TIME and PLACE of occurrence.
“Empowering Nigerians through legal knowledge”
© PILLAR-REST ATTORNEYS – 2025
Authors:
Patience Yusuf Odeniya Esq. Mubarak Sani Said Esq.
Asst. Head of Chamber Associate
