An encounter with the police can be frightening, especially when you do not understand the protections the law gives you. In Nigeria, an arrest does not cancel your constitutional rights. Knowing them can be the difference between lawful procedure and abuse of power.

1. The right to know why you are being arrested

Ordinarily, officers must tell you the reason for your arrest. You are entitled to ask what offence you are suspected of committing and which law you are alleged to have broken. Legal experts note that only in rare situations, such as when disclosure could compromise an ongoing investigation, may details be temporarily withheld. If you are caught in the act of committing a crime, the police may arrest you immediately, but you still retain the right to be informed of the allegation.

2. The right to remain silent

Section 35 of the 1999 Constitution protects your right to remain silent or to answer questions only after consulting a lawyer or another person of your choice. You do not have to make a statement on the spot. Lawyers stress that the police should inform you of this right before taking any statement and that you should avoid signing documents you do not understand.

3. The right to a lawyer and to contact family

Once arrested, you have the right to speak with a legal practitioner and to inform a family member or trusted person of your whereabouts. This helps ensure that someone can monitor your treatment, arrange legal representation, and, where appropriate, negotiate bail. Statements are ideally taken in the presence of your lawyer or a relative to reduce the risk of coercion or manipulation.

4. The right to presumption of innocence and fair hearing

Being arrested does not make you guilty. The Constitution presumes you innocent until a competent court finds you guilty after a fair hearing. The police cannot be accuser, judge, and executioner. You are entitled to present your side of the story, challenge evidence, and be tried by an impartial court.

5. The right to humane treatment and lawful detention

Arrest does not give officers licence to assault, torture, or degrade you. You are entitled to humane conditions in custody, access to medical care when needed, and to be brought before a court within a reasonable time. In many cases, suspects are entitled to administrative bail within constitutionally prescribed periods, subject to lawful conditions.

Lawyers and rights advocates consistently advise citizens to stay calm, avoid physical resistance, and assert these rights firmly but respectfully. Knowledge of the law is a powerful shield, but it must be exercised with caution, especially in tense or isolated situations.