Nigeria is a highly litigious society. The attitude of the general public in Nigeria is to litigate any dispute.
More often than not, this usually involves the police who resort to aggressive arrests.
What then can I do when I or any family member is arrested for an alleged offence?
We seek to answer this question from a legal perspective in this post. We believe it’s important you know what to do when arrested for an offence.
It is important to know that the Police Act confers on the Nigerian Police and other law enforcement agencies the power to arrest individuals. This must however be in line with the dictates of the relevant laws.
The first thing you need to do when faced with an arrest scenario is to comply. It is a crime to resist arrest in Nigeria. It is also important to confirm the identity of the arresting parties where they are not properly uniformed. Also, while you have certain rights available to you upon arrest, it is really vital for you to consult with your lawyer before doing anything.
This is really important because of the legal implications involved with post arrest activities you may likely face in the police station. For example, it is crucial to consult your lawyer before making any statements that might implicate you unnecessarily.
You might also want to pursue damages where you feel it’s an unlawful arrest. The Nigerian Constitution and the relevant laws make expansive provisions in this regard. Regardless, the above highlights material guidelines on what to do when faced with an arrest scenario in Nigeria and what to do post arrest.
In our next post, we would be taking a look at instances where one can be refused bail upon arrest and detention in police custody.
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References
- Action4Justice Nigeria, “Which Steps must be followed by the Police When Carrying Out an Arrest” available at https://nigeria.action4justice.org/legal_areas/arrest/procedures-for-lawful-arrest/#:~:text=Do%20not%20attempt%20to%20resist,that%20the%20arrest%20is%20wrongful accessed on August 23 2023
- CountryReportsorg,”What To Do If Arrested in Nigeria” available at https://www.countryreports.org/country/Nigeria/arrested.htm accessed on August 23 2023
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