It is absolutely crucial that individuals in Nigeria are well-informed of their rights in order to ensure that they are treated with fairness and respect in all interactions with law enforcement officials.
Police officers are responsible for serving the community and protecting fundamental rights.
It is imperative for Nigerians to be aware of their constitutional rights when they are arrested by the police. Failure to understand these rights can result in mistreatment by authorities and may decrease the likelihood of your charges being dropped.
By being knowledgeable about your rights, you can protect yourself and determine appropriate behavior during an arrest.
The #EndSARS movement in October 2020 highlighted the discontent Nigerians have with police officers’ detainment practices, making it even more crucial for citizens to understand their rights.
The Jurist serves to inform Nigerians of their rights in the event of being apprehended by members of the Nigerian Police.
Non-use of force
The Nigerian Police Code of Conduct specifically outlines that a police officer is forbidden to employ unwarranted brutality or force in the performance of his or her duties and will only use such force when conversation, negotiation, and persuasion are deemed to be unsuitable or ineffectual.
Although the use of force is sometimes essential, every police officer is to stay away from imposing undue pain or suffering on anybody and should never engage in cruel, humiliating, or barbaric treatment of anyone.
Of recent, a team of police officers in a recent video, brutalising a commercial motorcyclist in the Abule Egba area of Lagos. The video was posted by a twitter user where an officer was seen using what seemed to be a metal rod, with another pushing the motorist to forcefully take away his bike.
According to the police spokesperson, the officers were identified and detained.
Police have no right to search citizen`s gadget
Some police officers frequently check through individuals’ phones and gadgets in order to corroborate their conclusions or suspicions based on the citizen’s appearance, car, hairstyle or even dress sense.
The Police Force through its spokesperson Muyiwa Adejobi, has made it clear that no police officer has the authority to search a citizen’s phone unless the phone is marked as an exhibit in a pending case before a court of law.
In August 2022, two policemen were caught on camera searching the phones of some young men under the guise of carrying out a stop and search operation along Osbond Way, Ikoyi, Lagos. In response, the Lagos police command arrested the officers for their misconduct.
Detaining a citizen for more than 24 hours, illegal
As stipulated by Section 35 of the Constitution of the Federal Republic of Nigeria, any individual arrested by a law enforcement agency for committing a crime is required to be brought before a court within “24-48 hours.”
This implies that a police officer can only detain you for up to 24 hours. After that, they are obligated to charge such a person to court, but if it is not possible to bring the person to court within 24 hours due to a lack of nearby courts or because the following day is a weekend, they must send the individual to court within 48 hours.
Only a court can order that such a person remains in custody for an additional 24 or 48 hours after this time restriction. The Police Department does not have the prerogative to detain persons any longer on their own.
In February 2023, Haruna Mohammed, a journalist was arrested and detained for more than 24 hours by the Nigerian police in Bauchi without being charged to court. This flouts section 35 of the constitution.
Compensation for illegal arrest
Section 35(6) states that “Any person who is unlawfully arrested or detained shall be entitled to compensation and public apology from the appropriate authority or person; and in this subsection, “the appropriate authority or person” means an authority or person specified by law.”
In March 2023, Moses Dalyop and Abdulmumuni Yakubu, two businessmen based in Plateau State sued IGP Usman Baba over their alleged unlawful arrest, demanding N10 billion as damages.
Writing statements, a matter of choice
Section 60 of the Nigeria Police Act says that “Where a suspect is arrested on allegation of having committed an offence, his statement shall be taken if he so wishes to make a statement”
The law also requires citizens to make or write statements in front of a legal practitioner, a member of a civil society organisation, or any other person of their choice.
In August 2022, a music publicist Ajayi Boluwatife shared an experience where he was compelled by officers of the NPF to forcefully write a statement, therefore contradicting section 60 of the aforementioned act.
Read also: Police arrest man who defied minor with N100
Paying for bail is illegal
Obtaining bail for free is provided pursuant to Section 62(2) of the Police Act and Section 35(4) of the Federal Republic of Nigeria’s constitution.
It is not pointed out that a suspect must pay any sum before bail is granted. Therefore, being requested to pay before bail is granted is unlawful.
Operatives of the Nigeria Police Force, Ogun State Command, Ifo Division, were reported to have demanded N540,000 before granting bail to Oriwege Olashile, a woman who had been detained for days over a rift with her husband, thus, contradicting section 62(2) of the Police Act.
Arrest and Warrants
A Police officer can only arrest an individual with an arrest warrant. Such warrant must be signed by a Judge or Magistrate. A letter of invitation from the Police may be served on a person of interest during the preliminary investigation stage.
However, there are instances where the police do not require a warrant to make an arrest.
A Warrant of Arrest may not be necessary or required if the Suspect commits the offence in the presence of a Police Officer, escapes the scene of the offence, or flees from lawful custody.
In August 2022, a businessman Mr Victor Ojionu, was arrested by the Police without a warrant and was paraded. The arrest was contested in court and the Federal High Court sitting in Abuja has declared that the arrest without warrant and media parade of the businessman, by operatives of Nigeria Police Force, was unconstitutional.
Editor’s Note: The purpose of this article is to provide a general overview of the subject matter. Specialist guidance should be sought in specific individual situations.