encounter with the police can be intimidating, particularly when a suspect is unaware of the rights guaranteed by law.
Many Nigerians, out of ignorance, fear, or misinformation, may surrender their basic rights during arrest or detention.
However, an arrest does not strip a person of their constitutional protections.
Section 35(2) of the 1999 Constitution of the Federal Republic of Nigeria (as amended) provides that a person who is arrested or detained has the right to remain silent or answer questions only after consulting a legal practitioner or any other person of their choice.
While people should know and assert their rights, they should avoid unnecessary confrontation. Resisting arrest is itself an offence, the police spokesperson, DSP Ayanlade Olayinka warned, and any physical force used during an arrest must not amount to assault or battery.
Ultimately, knowing one’s rights is an important safeguard against unlawful arrest and abuse in police custody.
The 1999 Constitution of the Federal Republic of Nigeria (as amended) guarantees several protections relevant to persons arrested or detained, including the right to life under Section 33, the right to personal liberty under Section 35, the right to fair hearing under Section 36, the right to privacy and family life under Section 37, the right to freedom of expression under Section 39, and the right to freedom of movement under Section 41.