Five rights you have when arrested by police

An encounter with the police can be intimidating, particularly when a suspect is unaware of the rights guaranteed by law.

Many Nigerians, out of ignorance, fear, or misinformation, may surrender their basic rights during arrest or detention.

However, an arrest does not strip a person of their constitutional protections.

Section 35(2) of the 1999 Constitution of the Federal Republic of Nigeria (as amended) provides that a person who is arrested or detained has the right to remain silent or answer questions only after consulting a legal practitioner or any other person of their choice.

While people should know and assert their rights, they should avoid unnecessary confrontation. Resisting arrest is itself an offence, the police spokesperson, DSP Ayanlade Olayinka warned, and any physical force used during an arrest must not amount to assault or battery.

Ultimately, knowing one’s rights is an important safeguard against unlawful arrest and abuse in police custody.

The 1999 Constitution of the Federal Republic of Nigeria (as amended) guarantees several protections relevant to persons arrested or detained, including the right to life under Section 33, the right to personal liberty under Section 35, the right to fair hearing under Section 36, the right to privacy and family life under Section 37, the right to freedom of expression under Section 39, and the right to freedom of movement under Section 41.

In addition, Section 35(2) protects the right of an arrested or detained person to remain silent or answer questions only after consulting a legal practitioner or another person of their choice, while Section 35(4) provides that a person who is arrested or detained must be brought before a court within a reasonable time.

These constitutional safeguards are designed to protect citizens, but knowing when and how to assert them is equally important. Individuals should therefore remain calm, avoid unnecessary confrontation, seek legal assistance where necessary, and insist on lawful treatment.

Knowing what the law guarantees can help citizens respond appropriately and guard against unlawful treatment.

Here are five rights every person should know when arrested by the police or any other security personnel:

Know why you are being arrested

A person should ordinarily be informed of the reason for their arrest. The police spokesperson, Olayinka, said suspects have the right to know why they are being arrested, although there may be exceptions where disclosing the reason could jeopardise an ongoing investigation or the interests of justice.

A Professor of Constitutional Law, Nnamdi Aduba, advised people to assess the circumstances of an arrest, including where it is taking place and whether the officer is acting in an official capacity.

However, he cautioned that if a person is caught in the act of committing an offence, the police may arrest them immediately.

Remain silent until you speak with a lawyer

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You have the right not to answer questions or make a statement until you have consulted a lawyer.

Aduba said the police should inform an arrested person of this right before taking a statement.

The police spokesperson also said a suspect’s statement should be taken in the presence of a lawyer or a family member to help protect the person’s rights.

However, Aduba advised people to remain calm and assess the situation before asserting their rights.

According to him, what is obtainable in theory may not always be applicable in practice.

Right to a lawyer and family member

An arrested person has the right to contact a lawyer and inform a family member of their whereabouts.

According to Olayinka, this ensures that someone knows where the individual is and can help protect their interests.

Senior Advocate of Nigeria, Dr Monday Ubani also affirmed the right to counsel, saying a suspect is entitled to remain silent until they have access to a lawyer.

Presumption of innocence and fair hearing

Being arrested or accused of a crime does not make a person guilty. Ubani said the Constitution guarantees the presumption of innocence, meaning an accused person remains innocent until convicted by a court.

He added that an accused person must be given the opportunity to explain themselves, as the police cannot act as both the accuser and the judge. He also said the right to a fair hearing is guaranteed under the law.

Demand humane treatment and lawful detention

An arrest does not give the police the right to assault or batter a suspect. Olayinka said an arrested person has the right to medical care if they fall ill and to decent living conditions while in police custody.

Ubani, also a former Vice President of the Nigerian Bar Association, said suspects are generally entitled to administrative bail within 24 hours of arrest, or within 48 hours where there is no nearby court, subject to the applicable legal conditions.

However, Aduba cautioned citizens to exercise wisdom when dealing with police officers, especially in isolated locations.