Many Nigerians do not know that the law protects them from unlawful arrests and detention. While security agencies have the power to arrest suspects, that power is not unlimited.
The Constitution of the Federal Republic of Nigeria and the Administration of Criminal Justice Act (ACJA) 2015 clearly spell out what law enforcement officers can and cannot do.
Here are five common types of illegal arrests every Nigerian should know about:
1. Arresting You for Someone Else’s Offence (Arrest in Lieu)
One of the most common abuses by some security agents is arresting a relative, friend, spouse, or associate of a suspect simply because the actual suspect cannot be found.
This practice is illegal.
What the Law Says
Section 7 of the Administration of Criminal Justice Act (ACJA), 2015 provides:
“A person shall not be arrested in place of a suspect.”
This means the police cannot arrest a father because they are looking for his son, or detain a wife because her husband is wanted for questioning.
2. Arresting You Over Debt or Contract Disputes
Owing money, defaulting on a loan, or breaching a business agreement does not automatically make a person a criminal.
Unfortunately, some individuals use the police, EFCC, or other security agencies to intimidate debtors.
What the Law Says
Section 8(2) of the ACJA, 2015 states:
“A suspect shall not be arrested merely on a civil wrong or breach of contract.”
Debt recovery is generally a civil matter and should be resolved through lawful civil procedures, not through intimidation or unlawful detention.
3. Arresting You Without Reasonable Suspicion
Security agents cannot arrest a person simply because of their appearance, hairstyle, possession of a laptop, expensive phone, or vehicle.
An arrest must be based on facts linking the individual to a specific offence.
What the Law Says
The law requires that there must be reasonable suspicion that a person has committed, is committing, or is about to commit a crime before an arrest can be justified.
An arrest based purely on assumptions, stereotypes, or profiling may be unlawful.
4. Arresting You Without Informing You of the Reason
No security officer has the legal right to bundle a person into a vehicle without explaining why they are being arrested.
What the Law Says
Section 35(3) of the Constitution of the Federal Republic of Nigeria, 1999 (as amended) provides:
“Any person who is arrested or detained shall be informed in writing within twenty-four hours (and in a language that he understands) of the facts and grounds for his arrest or detention.”
Every arrested person has the right to know the reason for the arrest and the allegations against them.
5. Detaining You Beyond Constitutional Limits
An arrest does not give security agencies unlimited power to keep a suspect in custody indefinitely.
The common excuse that “investigation is still ongoing” does not override constitutional rights.
What the Law Says
Section 35(4) of the Constitution requires that a person arrested for a criminal offence must be brought before a court within a reasonable time.
Section 35(5) defines “reasonable time” as:
-Within 24 hours where a court is available within a radius of 40 kilometres; or
Within 48 hours (or such longer period as the court may consider reasonable) where no court is available within that distance.
Keeping a suspect in detention beyond this period without a valid court order may amount to unlawful detention.
What Can You Do If You Are Unlawfully Arrested or Detained?
The Constitution provides remedies for victims of unlawful arrest and detention.
What the Law Says
Section 35(6) of the Constitution states:
“Any person who is unlawfully arrested or detained shall be entitled to compensation and public apology from the appropriate authority or person.”
This means that a victim can approach the court to seek compensation, damages, and other legal remedies.
Final Word
Knowing your rights is one of the strongest protections against abuse of power. While citizens should cooperate with lawful investigations, security agencies must also operate within the boundaries of the law.
If you believe your rights have been violated, seek legal advice immediately and document all relevant details of the incident
At Headlineswave.ng, we are committed to verified, accurate, and responsible journalism.
Our “Know Your Right” series is designed to educate citizens using relevant constitutional and legal provisions to promote awareness, accountability, and the rule of law in Nigeria.
