See 10 Steps to Take Before, During, and After an Arrest for More Information on Knowing your Rights


See 10 Steps to Take Before, During, and After an Arrest for More Information on Knowing your Rights

I'll outline the actions you should take before, during, and following an arrest in Nigeria in this article. As a part of our Know Your Right campaign, we are pleased to inform Nigerians of their legal rights and Steps to Take after Being Arrested 

Protection of people's lives and property is the responsibility of the Nigerian police force. For this reason, they have been given the authority to arrest people who they believe to have committed a crime or whose guilt has been established through evidence that has been brought to their attention. They also have the authority to detain people who they believe may have information that is crucial to the investigation of a crime or the capture of a criminal.

After being detained, you still have rights as an individual because being detained does not automatically turn you into a suspect rather than a criminal. According to the law, a person cannot be declared guilty until a court with appropriate jurisdiction has heard the case and found him guilty. According to Section 36(5) of the 1999 Constitution, this provision is appropriate.


Here are 10 Steps to Take Before, During, and After an Arrest for More Information on Knowing your Rights

See 10 Steps to Take Before, During, and After an Arrest for More Information on Knowing your Rights

When a trial is about to start, a person who has been arrested has a number of rights available to them, including:


  Period to be kept at the station

In any location with a court of competent jurisdiction within a 40-kilometer radius, an arrested person may not be held in a police station for longer than 24 hours. In any other situation, 48 hours (two days) or any additional time that the court deems reasonable in light of the facts of the case.

This stance is based on the constitutional provision in Section 35 of the Federal Republic of Nigeria's Constitution that grants each and every person the right to pursue their own happiness and freedom.


Right to remain silent

A person who has been detained after committing a crime has the right to remain silent, and it may even be in his best interests to do so when he is interrogated or asked to provide a statement.

It is best to get in touch with a lawyer right away at this point so that you can avoid saying anything that might hurt your case if they decide to take you to court.

However, you have the option to forego this right and make your statement without seeking legal counsel if you feel you do not currently require one. This stance is consistent with Section 35(2) of the Federal Republic of Nigeria's Constitution from 1999.


knowledgeable about the crime's nature

You have the right to know why you are being detained, and if a police officer doesn't tell you what crime you have committed, you are not required to go with him to the station.

The nature of the crime for which he is being detained should be explained to him in a language he can understand if the person doesn't speak or understand English. According to Section 35(3) of the Federal Republic of Nigeria's Constitution, this stance is appropriate.

 Police bail

The Police may release a suspect on bail pending additional investigation at the request of the accused.

Chapter 17 of the C. P. 129 of the C, A. P. A police officer may grant bail to an accused person pending their trial under Sections 27 and C of the Police Act, with the exception of capital offenses.

It is important to remember that at this point, posting bail is completely free, and you shouldn't be charged since it is your legal right to do so.

Resistance of arrest

It is best for you to make every effort not to resist the police as they attempt to take you into custody. Resistance would only make matters worse, complicate your situation, and give them reason to believe you are lying to them.

 Presentation of arrest warrant

The Police must hand you a warrant of arrest because it is a very important tool in their arsenal.  A person being arrested should ask the arresting officer for an arrest warrant. The right to ask for an arrest warrant is not available to a citizen who is being detained while committing a crime, though.


No identity or uniform

An officer must identify himself if he makes an arrest of you while not wearing a uniform. However, if the officer does not comply with this request, the person has the right to ask that the officer show him a legitimate form of identification that clearly shows which specific law enforcement agency he is working for.


Designation of Police station

When someone is being arrested, they should ask the police immediately what station they are being taken to. This information is required so that his loved ones, family, and attorney can find him quickly and post bail while doing so.

All of the aforementioned items are a person's rights during an arrest as well as the necessary actions he should take at that time.

As important as these details are, it is important to remember that they do not equal the services of an attorney. For this reason, if a person is arrested, he should make every effort to contact his attorney or ask his family to assist him in finding one.

Please get in touch with us if you require any help with this subject.

As their services are free and without charge, you can go to the legal aid department that is located in your state and request representation if hiring a lawyer will be impossible due to a lack of sufficient funds.

I sincerely hope you found this information to be helpful.

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