Unlawful Police Arrest and Detention in Nigeria: Know Your Constitutional Rights and Available Legal Remedies

Introduction

The power of the Nigeria Police Force to investigate crimes, arrest suspects and maintain public order is recognised by law. However, these powers are not unlimited. Every police officer must exercise statutory authority in accordance with the Constitution of the Federal Republic of Nigeria and other applicable laws.

Unfortunately, individuals sometimes experience arrest or detention in circumstances that raise serious constitutional questions. Some are arrested over commercial transactions, family disagreements, unpaid debts or allegations involving persons with whom they merely have a personal or professional relationship.

It is therefore important to understand that an allegation against a person does not automatically justify every form of police action.

The Constitutional Right to Personal Liberty

Section 35 of the Constitution of the Federal Republic of Nigeria 1999 (as amended) guarantees the right to personal liberty, subject to circumstances in which deprivation of liberty is permitted by law.

The police may lawfully arrest a person on reasonable suspicion of involvement in a criminal offence, provided that the arrest and subsequent detention comply with applicable constitutional and statutory requirements.

An arrest is not necessarily unlawful merely because the suspect is eventually released or acquitted. The circumstances surrounding the arrest, the grounds relied upon and the manner in which the powers were exercised are important.

Conversely, an arrest does not become lawful simply because a police officer claims to be investigating a complaint.

Can the Police Arrest Someone Over an Ordinary Debt?

A distinction must be drawn between a genuine criminal offence and an ordinary civil disagreement.

Where the complaint concerns an unpaid loan, breach of contract or commercial obligation, the existence of the debt alone does not necessarily establish criminal liability.

The police should not be used as a debt-recovery agency or as an instrument for coercing payment in a purely civil dispute.

However, where the underlying facts disclose reasonable suspicion of fraud, obtaining by false pretence or another criminal offence, the police may have lawful grounds to investigate.

The correct legal position therefore depends on the actual allegations and available evidence.

Arresting a Person Because of Another Person’s Alleged Offence

One recurring problem arises where an individual is arrested because a relative, employee, friend or business associate is suspected of committing an offence.

Criminal responsibility is generally personal.

A person should not be detained merely to compel the appearance of another suspect.

Where a person is accused of being a guarantor, employer, relative or associate of a suspect, investigators must consider whether there is an independent lawful basis for treating that person as a suspect.

A guarantor’s contractual responsibility, if any, must not automatically be confused with criminal responsibility.

How Long Can the Police Detain a Suspect?

Section 35 of the Constitution contains safeguards concerning the period within which an arrested person should be brought before a court.

The constitutional definition of reasonable time generally refers to one day where a court of competent jurisdiction is within forty kilometres, and two days or such longer period as may be reasonable in other circumstances.

The application of these provisions depends on the circumstances and applicable exceptions.

A person should not assume that the police possess an unrestricted power to detain suspects indefinitely without judicial oversight.

The Right to Legal Representation

A person who has been arrested should seek legal assistance as early as possible.

A lawyer may assist by examining the grounds of arrest, communicating with investigators, requesting appropriate bail consideration, challenging unlawful detention and initiating suitable proceedings.

The presence of a lawyer also helps ensure that statements and other investigative procedures are conducted lawfully.

Fundamental Rights Enforcement Proceedings

Where a person’s fundamental rights have been infringed, the affected person may seek judicial redress.

Section 46 of the Constitution provides a mechanism for approaching a competent High Court for enforcement of fundamental rights.

Depending on the facts, available remedies may include declarations, orders restraining unlawful conduct, compensation and other appropriate reliefs.

Section 35(6) specifically recognises an entitlement to compensation and public apology where a person has been unlawfully arrested or detained.

The appropriate remedy depends on the circumstances established before the court.

What Should You Do Following an Allegedly Unlawful Arrest?

Where possible, preserve information relating to the incident, including the date and place of arrest, identity of the officers involved, police station, detention period, relevant communications, medical records and details of witnesses.

Avoid obstructing lawful investigations.

Where detention is ongoing, urgent professional assistance may be necessary.

Conclusion

The police have an important constitutional and statutory responsibility to investigate criminal allegations. Equally, citizens are entitled to the protection of their fundamental rights.

The proper administration of justice requires that law-enforcement powers be exercised lawfully and that individuals subjected to unlawful arrest or detention have access to effective remedies.

Need Legal Assistance?

Sterling Sure Law Firm provides legal services involving police matters, criminal defence, unlawful detention, bail applications and fundamental rights enforcement.