KNOW YOUR RIGHT
Most Nigerians know that the police have the power to arrest but many people do not know that the Constitution also places limits on how long a person can be detained without being taken before a court.
In fact, under certain circumstances, a person who is unlawfully detained may be entitled to compensation and even a public apology.
This is one constitutional right every Nigerian should know.
Arrest Is Not the Same as Conviction
Being arrested does not mean a person has been found guilty of a crime. In Nigeria, every citizen is presumed innocent until proven guilty by a court of competent jurisdiction.
This principle is protected by Section 36(5) of the Constitution of the Federal Republic of Nigeria 1999 (as amended), which states:
“Every person who is charged with a criminal offence shall be presumed to be innocent until he is proved guilty.”
This means that security agencies must follow due process when dealing with suspects.
How Long Can the Police Legally Detain a Suspect?
Section 35(4) of the Constitution provides:
“Any person who is arrested or detained in accordance with subsection (1)(c) of this section shall be brought before a court of law within a reasonable time.”
The Constitution further explains what “reasonable time” means.
Section 35(5) states:
“In the case of an arrest or detention in any place where there is a court of competent jurisdiction within a radius of forty kilometres, a period of one day; and in any other case, a period of two days or such longer period as in the circumstances may be considered by the court to be reasonable.”
In simple terms:
Where a competent court is within 40 kilometres, a suspect should generally be brought before a court within 24 hours.
Where there is no court within that distance, the period may extend to 48 hours.
Any longer detention must be justified according to the law and circumstances of the case.
You Have the Right to Remain Silent
Many Nigerians feel pressured to answer every question immediately after arrest.
However, the Constitution provides an important protection.
Section 35(2) states:
“Any person who is arrested or detained shall have the right to remain silent or avoid answering any question until after consultation with a legal practitioner or any other person of his own choice.”
This means that
1. You have the right to contact a lawyer.
2. You have the right to consult a person of your choice and
3. You have the right to remain silent until you receive legal advice.
Can You Be Compensated for Unlawful Detention? Yes.
One of the least-known provisions of the Constitution is found in Section 35(6), which states:
“Any person who is unlawfully arrested or detained shall be entitled to compensation and public apology from the appropriate authority or person.”
This provision recognizes that unlawful detention can cause emotional, financial, and reputational damage. Where a person’s rights are violated, the law provides a pathway for redress.
What Should You Do If You Believe Your Rights Have Been Violated?
If you or someone you know has been detained beyond the constitutionally permitted period without lawful justification:
Seek legal advice immediately.
Keep records of dates, times, and circumstances surrounding the arrest.
Inform family members or trusted associates.
Consider approaching the courts for enforcement of fundamental rights.
Why Every Nigerian Should Know This Right
The Constitution gives security agencies the authority to investigate crimes and maintain public order.
However, it also protects citizens from arbitrary arrest and prolonged detention.
Knowing your rights does not mean obstructing law enforcement. It means understanding the legal protections available to every Nigerian and ensuring that due process is respected.
A society where citizens understand their constitutional rights is stronger, fairer, and more accountable.
Constitutional References
Section 35(2) – Right to remain silent and consult a lawyer.
Section 35(4) – Right to be brought before a court within a reasonable time.
Section 35(5) – Definition of reasonable time.
Section 35(6) – Right to compensation and public apology for unlawful detention.
Section 36(5) – Presumption of innocence.
Conclusion
Your liberty is protected by law. An arrest is not a conviction, and no citizen should be deprived of freedom except in accordance with the Constitution.
Knowing your rights is the first step toward protecting them.
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Disclaimer:
This article is for educational purposes and should not be construed as legal advice. Always consult a qualified legal practitioner for guidance on specific cases.
