Police & Arrest Rights in Nigeria

1. Your 6 core rights when arrested

These protections are established under Section 35 (personal liberty) and Section 36 (fair hearing) of the 1999 Constitution, plus the Police Act 2020:

1. Right to be told why (S.35(3)): Police must promptly explain the reason for your arrest in words you understand.
2. Right to remain silent (S.35(2), ACJA S.6): You cannot be forced to write or sign a statement. Anything you say can be used in court.
3. Right to a lawyer of your choice: If you cannot afford a private lawyer, the Legal Aid Council provides free criminal defense.
4. Right to be charged quickly (S.35(4)-(5)): Police must bring you before a court within 24 hours (if a court is within 40km) or 48 hours (if no court is nearby), or release you on bail.
5. Right to dignity (S.34, Anti-Torture Act 2017): Beating, torture, threats, or forcing confessions is strictly illegal under Nigerian law.
6. Right to bail: Under the law, suspects are presumed innocent and entitled to bail for non-capital offences.

Read original statutory provisions

The rules above are taken directly from Nigerian statutes. You can search the original laws in our library with page-accurate extracts:

2. What police CAN and CANNOT do

3. What to do if stopped or searched

1. Stay calm and keep your hands visible. Do not run, argue aggressively, or reach into bags suddenly.
2. Ask politely: "Good afternoon officer, please what is the reason for this stop?" Note their name tag, uniform service number, vehicle plate, time, and location.
3. Filming in public: There is no Nigerian law forbidding citizens from recording public encounters. If officers object, remain calm and keep audio recording safely.
4. Phone searches: You can state: "Officer, I do not consent to a search of my personal phone without a court warrant." If they force you, do not resist physically; note their names and file a formal report.
5. Never sign what you have not read. Carefully read every line before signing. You have the right to write: "I decline to make a statement until I consult my lawyer."

4. At the police station & detention limits

• Cautionary statement: Before asking you to write, officers must caution you. You can choose not to write. If you do write, keep facts clear and sign only your words.
• Detention limits: Section 35(4)-(5) of the Constitution requires police to charge you to court or grant bail within 24 hours (or 48 hours if no court is nearby). Longer detention requires an order from a judge.
• Access to phone & family: You are legally entitled to contact family and speak with a legal practitioner. Denial of phone calls is an actionable violation.
• Detainee welfare: Suspects are entitled to basic medical care and humane treatment under the ACJA. Indefinite holding for "investigation" is unconstitutional.

5. Bail rules & fees

• Police bail (administrative bail): For bailable offences, bail is granted at the police station with a reliable surety (a person who guarantees your court appearance). No fee is required.
• What a surety provides: Valid identification, proof of address, and passport photographs. A surety does not pay cash to the police.
• Court bail: If charged to court, your defense counsel applies for bail before the magistrate or judge.
• If an officer demands ₦20,000 or ₦50,000 for bail: that is criminal extortion. Politely refuse, record names, and file an official complaint.

6. How to report police misconduct

1. Preserve all evidence: Officer names, badge numbers, patrol vehicle registration, station division, date, time, and witness contacts. If assaulted, obtain a medical report from a government hospital immediately.
2. Submit complaints directly to:
   • Police Complaint Response Unit (CRU): Official complaints desk dedicated to investigating rogue officers.
   • Police Service Commission (PSC): Statutory supervisory oversight body for the Nigeria Police Force.
   • National Human Rights Commission (NHRC): Handles extrajudicial actions and severe human rights violations.
   • Legal Aid Council of Nigeria: Provides free legal assistance for indigent citizens facing prosecution.
3. Document your timeline: Keep a clear 1-page summary: what happened, when, where, who was involved, and evidence collected.
4. Enforce rights in court: You can file a Fundamental Rights Enforcement suit at the State or Federal High Court for unlawful detention and extortion.

7. Emergency hotlines & agency contacts

In an immediate physical danger situation, call 112 first or move to a crowded public place.

8. Common citizen questions

Legal Information Note: This guide provides public legal information based on the 1999 Constitution (as amended), Police Act 2020, and the ACJA 2015. It does not replace advice from a licensed legal practitioner.

← Back to all rights