Know Your Right: 20 Things You Should Never Say to the Police During an Arrest in Nigeria

Being arrested can be frightening, but what you say during those first few minutes can significantly affect your legal position.

While it is important to remain calm and cooperate with lawful instructions, you should also be aware of your constitutional rights.

Here are 20 things you should avoid saying if you are arrested:

1. “I did it.” Never admit guilt without first speaking to a lawyer.

2. “I was only joking.” A joke may not be accepted as a legal defence.

3. “My friend planned everything.” This could also implicate you.
“I know a senator, commissioner or influential person.” Name-dropping rarely helps.
“Do you know who I am?” Stay respectful and avoid confrontational remarks.
“I’ll deal with you later.” Such statements may be interpreted as threats.
“Everybody does it.” The actions of others are not a defence in law.
“I wasn’t there.” If you have an alibi, discuss it with your lawyer before making a formal statement.
“I have money. How much do you want?” Offering a bribe is a criminal offence.
“I can explain everything.” You have the right to seek legal advice before making any statement.
“It’s not what it looks like.” Avoid making emotional explanations at the scene.
“I’ll sue all of you.” Legal remedies exist, but threats rarely improve the situation.
“Who told you?” This may unintentionally suggest knowledge of the allegation.
“I was drunk. I don’t remember.” Intoxication is generally not a complete defence.
“Just write anything. I’ll sign it.” Never sign a statement you have not read and understood.
“I have nothing to hide,” followed by volunteering unnecessary information. Speak cautiously.
“Can we settle this here?” Attempting to bribe a police officer is itself an offence.
Insulting or abusing the police. Remain calm and respectful.
Resisting arrest or encouraging others to interfere. Comply peacefully while protecting your legal rights.
Making false statements or false confessions. Be truthful, but remember you are not obliged to answer questions without legal advice.
What Does Nigerian Law Say?
Section 35(2) of the Constitution of the Federal Republic of Nigeria, 1999 (as amended) provides:
“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.”
In addition, the Administration of Criminal Justice Act (ACJA) 2015 reinforces the rights of arrested persons, including the right to consult a lawyer and safeguards relating to the taking of statements.
Your Safest Response
If you are arrested, a simple and lawful response is:
“I am exercising my constitutional right to remain silent until I have consulted my lawyer.”
Remaining calm, avoiding unnecessary arguments, and knowing your rights can make a significant difference.
Know Your Right is a public legal awareness series by Headlineswave.ng designed to educate citizens about their constitutional and legal rights in Nigeria. The information provided is for educational purposes only and should not be regarded as legal advice. Where necessary, consult a qualified legal practitioner.
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