KNOW YOUR RIGHTS: Arrested Without a Warrant? 7 Things Every Nigerian Should Know
Being arrested can be frightening, particularly when a police officer tells you that you are being taken into custody without showing you a warrant.
But does the absence of a warrant automatically make the arrest illegal?
Not necessarily.
Nigerian law allows the police to arrest a person without a warrant in certain circumstances, including where there is reasonable suspicion that the person has committed an offence.
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However, being arrested does not mean that you lose your fundamental rights.
Here are seven things every Nigerian should know.
1. Police can arrest without a warrant in certain circumstances
A warrant is not required for every arrest.
The law provides circumstances in which a police officer may arrest without a warrant, including where an officer reasonably suspects that a person has committed an offence or finds the person committing an offence.
Therefore, “Show me your warrant” is not always enough to make an arrest unlawful.
2. You have the right to know why you are being arrested
The Constitution provides that a person who is arrested or detained must be informed in writing, within 24 hours, of the facts and grounds for the arrest or detention, in a language the person understands.
You should therefore calmly ask:
“Officer, please, what offence am I being arrested for?”
That is different from resisting a lawful arrest.
3. You have the right to remain silent
An arrested or detained person has the constitutional right to remain silent or avoid answering questions until after consultation with a legal practitioner or another person of their choice.
This does not mean that you should become confrontational with the police.
Remain calm and say that you would like to speak with a lawyer before making a statement on matters requiring legal advice.
4. You have a right to legal assistance
The Nigeria Police Act provides that an arrested suspect should be given reasonable facilities for obtaining legal advice and taking steps relating to bail, defence or release.
If you can contact a lawyer or trusted person, do so.
5. Arrest does not automatically mean guilt
Being arrested is not the same thing as being convicted.
A suspect remains entitled to due process and the presumption of innocence until proven guilty according to law.
So, do not allow the fact of an arrest to make you assume that the person has already been found guilty.
6. Police cannot simply keep you indefinitely
The Constitution sets limits and requires an arrested or detained person to be brought before a court within a reasonable time in applicable circumstances.
Where there is a court of competent jurisdiction within 40 kilometres, the Constitution generally describes a reasonable time as one day; where there is no such court within that radius, two days, subject to the constitutional provisions and circumstances of the case.
There are exceptions, including certain serious offences, so individual cases can require legal advice.
7. What should you do if you believe your arrest is unlawful?
Do not physically resist the police.
Instead:
Ask calmly why you are being arrested.
Note the names or identification of the officers where possible.
Contact a lawyer, family member or trusted person.
Avoid signing documents you do not understand.
Keep records of where you were taken and when.
If you believe your fundamental rights have been violated, seek legal assistance and consider the appropriate complaint or court process.
The Constitution provides that a person who is unlawfully arrested or detained may be entitled to compensation and a public apology from the appropriate authority or person.
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Knowing your rights does not mean fighting the police.
It means knowing the law, remaining calm and insisting that due process is followed.
The safest response to an arrest is not to turn the encounter into a confrontation. Stay calm, ask questions respectfully, contact legal help and document what happens.
KNOW YOUR RIGHT. KNOW THE LAW. STAY CALM.
This article is for public education and general information. It is based on provisions of the Constitution of the Federal Republic of Nigeria and relevant Nigerian criminal justice laws.
It is not a substitute for advice from a qualified legal practitioner in a specific case.
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