INTRODUCTION: HAVE YOU BEEN ARRESTED IN NIGERIA?

Standing on the side of a Lagos road or a quiet street in Abuja, the flash of a badge or the command to “follow us to the station” can make anyone’s heart race. It’s 2026, and while the Nigerian security landscape has evolved, with the full integration of State Police alongside the Federal force, one thing remains constant: Your rights are not suggestions; they are the law, hence why an arrested person should know his or her rights in Nigeria.

In a moment of crisis, adrenaline often leads to one of two extremes: aggressive confrontation or terrified silence. Neither is your best ally. To navigate an arrest in Nigeria today, you need more than just bravery; you need a working knowledge of the 1999 Constitution (as amended), the Police Act 2020, and the Administration of Criminal Justice Act (ACJA) 2015.

This article isn’t about how to “dodge” the law. It is a precise, legally-backed manual on how to carry yourself with dignity and ensure that the process remains within the boundaries of justice. From what you should say the moment handcuffs appear, to the one phone call you are legally entitled to make, here is your guide to surviving an arrest in 2026.

THE RIGHTS OF AN ARRESTED PERSON IN NIGERIA(HAVE YOU BEEN ARRESTED)

1. THE RIGHT TO SILENCE AND COUNSEL 

Upon arrest, your first words should be a polite assertion of your constitutional rights. The law is unequivocal: you are not obligated to speak until you have consulted with a lawyer or any person of your choice.

Section 35(2) of the 1999 Constitution provides:

“Any person who is arrested or detained shall have the right to remain silent or avoid answering any question until after consultation with a legal practitioner or any other person of his own choice.”

This constitutional guarantee is reinforced by Section 35(2)(a) & (b) of the Nigeria Police Act 2020, which states:

“A suspect shall be informed of his right to: (a) remain silent or avoid answering any question until after consultation with a legal practitioner or any other person of his own choice; (b) consult a legal practitioner of his own choice before making, endorsing or writing any statement…”

Practical Example: If an officer demands that you “explain yourself” immediately after arrest, you may respond: “Officer, I respect your authority, but I wish to exercise my constitutional right to remain silent until I have spoken with my lawyer.” This is not obstruction—it is compliance with the law.

The burden is on the police to inform you of this right. Any statement obtained without first informing you of your right to silence and counsel may be inadmissible in court. Do not let intimidation or urgency pressure you into waiving this protection.

As an arrested person, you have a right to know why you are being held. Do not “assume” the reason, and do not allow the police to keep you in the dark about the allegations against you.

Section 35(3) of the 1999 Constitution mandates:

“Any person who is arrested or detained shall be informed in writing within twenty-four hours (and in a language that he understands) of the facts and grounds for his arrest or detention.”

Furthermore, Section 6(1) of the ACJA 2015 requires immediate notification in most cases:

“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… the police officer or other person making the arrest shall inform the suspect immediately of the reason for the arrest.”

Practical Example: If you are arrested at a checkpoint and the officers refuse to tell you why, politely ask: “Officer, under Section 6 of the ACJA, I have the right to know the reason for this arrest. Can you please inform me?” If they still refuse or delay beyond 24 hours without providing written notice, this constitutes a violation of your constitutional rights and may form grounds for a fundamental rights enforcement suit.

The law recognises that an arrest without knowledge of the cause is arbitrary detention. Insist on clarity, and if possible, document the time and circumstances of your arrest.

3. PROHIBITION OF “ARREST IN LIEU” 

A common illegal practice in Nigeria is arresting a relative, spouse, or business associate when the actual suspect is unavailable or has absconded. This practice, known as “arrest in lieu,” is strictly forbidden by law.

Section 7 of the ACJA 2015 and Section 36 of the Police Act 2020 both declare:

“A person shall not be arrested in place of a suspect.”

Practical Example: If your brother is wanted for an alleged offense and the police come to your home demanding that you “stand in” for him until he appears, refuse firmly but respectfully. State: “Officer, under Section 7 of the ACJA and Section 36 of the Police Act, you cannot arrest me in place of another person. I am willing to cooperate by providing information if I have any, but I will not submit to unlawful detention.”

This protection exists because criminal liability is personal. You cannot be punished or detained for another person’s alleged crime. If you are subjected to arrest in lieu, contact a lawyer immediately and consider filing a fundamental rights action for unlawful detention.

In 2026, the law remains firm: the police are not debt collectors, contract enforcers, or mediators in purely civil disputes. Their mandate is criminal law enforcement.

Section 32(2) of the Nigeria Police Act 2020 states:

“A person shall not be arrested merely on a civil wrong or breach of contract.” a person cannot be arrested for a civil wrong.

Practical Example: If you owe rent, failed to repay a personal loan, or breached a business agreement, your creditor cannot use the police to arrest you. Should officers attempt such an arrest, calmly inform them: “Officer, this is a civil matter involving a contract dispute. Under Section 32(2) of the Police Act 2020, I cannot be arrested for this. The proper remedy is a civil court action.”

However, be aware that some civil matters may have criminal elements (such as fraud or obtaining money under false pretenses). If the police claim a criminal offense, ask them to specify what crime you are alleged to have committed. Do not allow vague accusations of “civil matters” to morph into unlawful arrests.

5. HUMANE TREATMENT AND ANTI-TORTURE 

Physical violence, psychological intimidation, and media parades of suspects are violations of your fundamental right to dignity when a person is arrested. Nigerian law provides robust protections against torture and inhuman treatment.

Section 34(1)(a) of the 1999 Constitution guarantees:

“Every individual is entitled to respect for the dignity of his person, and accordingly—no person shall be subject to torture or to inhuman or degrading treatment.”

Section 2(1) of the Anti-Torture Act 2017 defines torture as:

“…an act by which pain or suffering, whether physical or mental, is intentionally inflicted on a person to obtain information or a confession…”

Section 8(1) of the ACJA 2015 reinforces this by requiring that:

“A suspect shall—(a) be accorded humane treatment, having regard to his right to the dignity of his person; and (b) not be subjected to any form of torture, cruel, inhuman or degrading treatment.”

Practical Example: If officers slap, beat, or threaten you to extract a confession, this is torture under the law. Similarly, if you are paraded before journalists or on social media while in custody, your dignity has been violated. Document any injuries (photographs if possible), note the names or badge numbers of the officers involved, and report the abuse to the Police Service Commission, the National Human Rights Commission, or through a court action.

Confessions obtained through torture are inadmissible in court. Even if you eventually confess under duress, a competent lawyer can challenge the admissibility of such statements based on these constitutional and statutory protections.

6. TIME LIMITS FOR DETENTION 

If you are arrested, the police cannot hold you indefinitely without charging you before a court. The Constitution sets strict time limits to prevent arbitrary detention.

Section 35(4) & (5) of the 1999 Constitution provides:

“Any person who is arrested… shall be brought before a court of law within a reasonable time [defined as one day (24 hours) where a court is within 40km, or two days (48 hours) in any other case].”

Practical Example: If you are arrested in Ikeja, Lagos (where magistrate courts are readily accessible within 40km), you must be brought before a court within 24 hours. If you are arrested in a remote area where the nearest court is more than 40km away, the limit extends to 48 hours. Beyond this period, your continued detention without being charged becomes unlawful.

If the police exceed this timeframe, you or your lawyer can file for enforcement of your fundamental rights and claim damages for unlawful detention. Keep track of the exact time of your arrest and insist on being charged or released within the constitutional period.

CONCLUSION: RIGHTS OF AN ARRESTED PERSON

An arrest does not strip you of your humanity or your rights. In 2026, as Nigeria continues to refine its justice system with new policing structures and legal reforms, the principles enshrined in the Constitution and statutory laws remain your strongest shield.

Know your rights. Speak them clearly and respectfully. Document everything—times, names, badge numbers, and circumstances. And most importantly, contact a lawyer as soon as possible.

The law is not a favour granted by the police; it is a guarantee that belongs to every Nigerian citizen. Whether you are innocent or guilty, whether you are detained in Lagos or a village in Benue, these rights follow you. Memorise them. Share them. And when the moment comes, use them.

Your dignity is not negotiable. Your liberty has conditions. And the law is on your side—if you know it.

CONTRIBUTORS

Ojienoh Segun Justice, ESQ

Lead Partner, EKO SOLICITORS AND ADVOCATES

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