By Dr. Embee BADR Esq.
As a lawyer, I understand how people feel when they hear a police officer say, “you are under arrest”. This episode is to expose you to Knowing Your Basic Police Rights.
When an officer stops or detains you, the first thing you should never allow to interfere is fear. Do not allow fear to take over. Under Section 6 of the Administration of Criminal Justice Law (ACJL) across Southwestern states, you have fundamental rights from the moment of arrest.
First, the officer must inform you of the reason for your arrest immediately, unless you are caught in the active commission of a crime. Second, you have the right to remain silent until you consult with a legal practitioner or a person of your choice. Take note of every statement of derision made by the arresting officer or his colleagues especially at the station while exercising your right to remain silent.
Those words of jest maybe useful to you while filing for fundamental rights enforcement. You cannot be forced to write a statement under duress, torture, or threats. Any statement obtained through coercion or without your express consent is inadmissible in court.
Furthermore, the law strictly prohibits “arrest in lieu”—meaning a police officer cannot arrest you simply because they cannot find your relative or friend. The general rule is “Ika to ba se, loba nge”. The primary legal authorities prohibiting this practice include Section 7 of the Administration of Criminal Justice Act (ACJA) 2015, Section 36 of the Nigeria Police Act 2020, and Section 35 of the 1999 Constitution.
If you are taken to a station, you must be charged to court within 24 to 48 hours, depending on distance. For non-capital offenses, bail at the police station is free by law.
Demanding money for station bail is unlawful. Know your rights, remain polite, and always request your legal counsel. Know Your Rights!
