Getting arrested is one of those things most people never think about. And hopefully, you aren’t a criminal, so you should have very little reason to fear an arrest.
But if you ever do run into a bit of trouble, you’ll want to know what your rights are and whether you’re being treated appropriately. In this brief guide, we’ll cover everything you need to know about arrests in Nigeria.
Ready? Let’s get started!
Who Can Execute an Arrest in Nigeria?
If you answered, “the police,” you’d be right but that’s not the whole picture. Nigerian law provides for three classes of people who can execute an arrest. These are the police, a magistrate or any superior judicial officer (judges and justices of various Courts), and private citizens.
Going by this list, you may see that just about anyone can arrest another person. However, there are strict guidelines to be followed depending on who is making the arrest.
1. The Police
The main law that regulates the powers and duties of the police in Nigeria is called the Police Act. Section 32(1) of this Act says:
“A suspect or defendant alleged or charged with committing an offence established by an Act of the National Assembly or under any other law shall be arrested, investigated and tried or dealt with according to the provisions of this Act, except otherwise provided under this Act.”
This provision broadly empowers the police to make arrests when a person has been accused of a crime. As mentioned above, the police are not the only ones entitled to make an arrest in Nigeria. As you’ll see below, magistrates and other members of the judiciary have the power to order or execute an arrest too.
2. Magistrates, Justices of the Peace, and Judicial Officers
The Administration of Criminal Justice Act (ACJA) is an important piece of legislation that forms a key part of Nigeria’s criminal justice laws. Section 26 of this Act says:
“A Judge, Magistrate, or Justice of the Peace may arrest or direct the arrest of a suspect committing an offence in his presence and shall thereupon hand him over to a police officer who shall proceed to take necessary action.”
3. Private Individuals
We earlier mentioned that private persons just like you can make arrests in Nigeria. According to Section 20 of the ACJA:
“A private person may arrest a suspect in Nigeria who in his presence commits an offence, or whom he reasonably suspects of having committed an offence for which the police is entitled to arrest without a warrant.”
While this law clearly empowers private citizens to make arrests, it is advisable to exercise this right with extreme caution. This is because a private citizen who executes a wrongful arrest may find themselves liable for a claim of false imprisonment, which may then attract hefty compensation claims.
Is a Warrant Required for an Arrest?
As the provisions above show, the answer is generally no: a warrant is not always required for an arrest. However, this only applies where an offence has been committed in the presence of any of the above classes of people.
A warrant of arrest will be required to make a lawful arrest in the following instances:
1. Where a Summons is disobeyed
A summons is an order by a Court commanding a person to appear before it. When a complaint is made concerning a minor offence – typically, offences for which the maximum sentence is less than three years, the usual practice would be to issue a summons, which would allow the accused person to come to Court of their own accord.
Where a summons is disobeyed, however, the Court that issued it may then issue a warrant (called a bench warrant in this case), for their arrest.
2. Where a complaint is made concerning a serious offence
Where a complaint is made concerning a serious offence, typically one that attracts a sentence of three years or above, a Court will typically, in the first instance, issue a warrant of arrest instead of a summons.
3. Where the law creating a specific offence dictates that an offender cannot be arrested without a warrant
There are certain laws that dictate that offenders with respect to specific offences can only be arrested upon production of an arrest warrant. For example, for the offence of Conspiracy to defraud, as provided under section 422 of the Criminal Code, a warrant of arrest is required for the arrest of the accused.
It is important to note that where a person is wrongfully arrested without a warrant this will not necessarily make the warrant invalid. Rather, it may entitle the arrested person to sue the police or other arresting authority.
What Rights Do You Have When Arrested?
While an arrest may lawfully deprive you of your liberty on a temporary basis, you still have other rights that need to be respected. Here are the most important rights that you have during an arrest:
1. The Right to Know Why You’re Being Arrested
Section 35(1) of the Police Act and Section 6(1) of the ACJA, are worded in identical terms, and provide that:
Except when the suspect is in the actual course of the commission of an offence or is pursued immediately after the commission of an offence or has escaped from lawful custody, the police officer or other persons making the arrest shall inform the suspect immediately of the reason for the arrest;
Furthermore, section 36(6)(a) of the Constitution provides that:
Everyone who is charged with a criminal offence shall be entitled to:
(a) Be informed promptly in the language that he understands, and in detail of the nature of the offence.
2. The Right to Confer With a Lawyer or Other Person
Section 35 (2) of the Constitution and Section 6(2) of the ACJA both offer protections against self-incrimination. This right has two parts. First, there is the right to remain silent, and second, there is the right to legal representation of one’s own choosing.
As Section 6(2) of the ACJA puts it:
The police officer or the person making the arrest or the police officer in charge of a police station shall inform the suspect of his rights to:
(a) remain silent or avoid answering any question until after consultation with a legal practitioner or any other person of his own choice.
This includes the right to refuse to write a voluntary statement while at the police station.
3. The Right to Be Brought Before a Court of Law
As highlighted above, once arrested, you have the right to be informed of the reason for your arrest. Subsequently, you also have the right to be brought before a Court of Law to be formally charged and then tried.
Section 35 (4)&(5) of the Constitution provides that any person detained on the suspicion of having committed a crime shall be brought before a Court of law within a reasonable time. “Reasonable time” is defined as one day when there is a Court within a radius of 40 kilometres, or two days if there is no Court within a 40-kilometre radius. In special circumstances, Courts may permit a longer period of detention.
4. The Right to Dignity
Regardless of the offence or allegations against a person, they are entitled to be treated with human dignity at all times. This includes the right not to be tortured. This right is provided for in section 34(1) of the constitution.
5. The Presumption of Innocence
Section 36(5) of the Constitution provides that everyone who is charged with a criminal offence shall be presumed to be innocent until proven guilty. This means that right from the moment of an arrest and all through one’s detention and trial, you would be entitled not to be treated as though you were a convicted criminal.
Final Word
There you have it! Although there is much more to know about when it comes to arrests, you now know enough to know when your most fundamental rights are being violated. One more thing to know and keep in mind is that if your rights have been abused, the Nigerian Courts can provide several remedies that may include compensation. You should speak to a lawyer to find out what steps to take next.