An accessible guide to the constitutional and statutory safeguards that protect every person who is arrested or detained in Nigeria.

Personal liberty is one of the fundamental rights guaranteed by the Constitution of the Federal Republic of Nigeria 1999 (as amended). While the law permits arrest and detention in certain circumstances, it also provides important safeguards. Knowing these rights can make a real difference.

Your key constitutional rights

  • The right to remain silent or avoid answering any question until after consultation with a legal practitioner or any other person of your choice.
  • The right to be informed in writing, within twenty-four hours and in a language you understand, of the facts and grounds of your arrest or detention.
  • The right to be brought before a court within a reasonable time — generally one day where there is a court of competent jurisdiction within a radius of forty kilometres, and two days or such longer period as the court considers reasonable in any other case.
  • The right not to be subjected to torture or to inhuman or degrading treatment.

Additional protections under the ACJA 2015

The Administration of Criminal Justice Act 2015 strengthens these safeguards. Among other things, it provides that:

  • A suspect must be accorded humane treatment, having regard to the right to dignity of their person.
  • A person shall not be arrested in place of a suspect.
  • A person shall not be arrested merely on a civil wrong or breach of contract.

What to do if your rights are violated

Where any of these rights has been, is being or is likely to be contravened, the person affected may apply to a High Court for redress under the Fundamental Rights (Enforcement Procedure) Rules 2009. A person who is unlawfully arrested or detained is entitled under the Constitution to compensation and a public apology from the appropriate authority or person.

The law protects liberty best when citizens know their rights and act on them early.

If you or someone close to you has been arrested or detained, speak to a lawyer as early as possible.