08/15/2026
RIGHTS OF AN ARRESTED PERSON IN NIGERIA
Being arrested does not mean that a person has lost all their rights. An arrested person remains a human being and is protected by the law. The police and other law-enforcement officers have a duty to treat suspects fairly, respect their dignity, and follow due process.
The purpose of these rights is to prevent unlawful detention, intimidation, torture, forced confessions, and other forms of abuse while ensuring that justice is properly administered.
1. Right to Know the Reason for Arrest
Every person who is arrested has the right to be informed of the reason for the arrest. The arresting officer should explain the offence the person is suspected of committing.
A person should not simply be arrested and left wondering why they are being detained. Knowing the reason for an arrest helps the person understand the situation and seek appropriate legal assistance.
2. Right to Remain Silent
An arrested person has the right to remain silent and should not be forced to answer questions or make statements that may be used against them.
This does not mean that a suspect can obstruct a lawful investigation. Rather, it means that the person should not be forced, threatened, or intimidated into giving a confession or statement.
3. Right to a Lawyer
An arrested person has the right to consult with and be represented by a legal practitioner. A lawyer can explain the person's legal rights, provide advice, and help ensure that the person's statement and treatment comply with the law.
Where a person cannot afford legal representation, legal-aid arrangements may be available depending on the circumstances and the nature of the case.
4. Right to Be Brought Before a Court Within a Reasonable Time
The law does not allow the police to keep an arrested person in custody indefinitely without taking the person before a court.
Under the Nigerian Constitution, a person arrested or detained must generally be brought before a court within a reasonable time. This is generally one day where there is a court within 40 kilometres of the place of arrest, or two days in other circumstances, subject to the exceptions provided by law.
This protection is important because detention should not become a form of punishment before a person has been tried and found guilty.
5. Right to Human Dignity and Freedom from Torture
Every arrested person must be treated humanely and with respect for their dignity.
A suspect should not be subjected to torture, cruel or degrading treatment, threats, or other forms of physical or psychological abuse. The police must not use torture or unlawful pressure simply to obtain information or a confession.
Being suspected of an offence does not remove a person's basic human dignity.
6. Right to a Fair Hearing
An arrested person is presumed innocent until proven guilty according to law. Being arrested or accused of an offence does not automatically make someone a criminal.
The accused person has the right to have their case determined fairly by a competent court. They should have an opportunity to know the case against them, present their defence, and receive a fair determination of the matter.
7. Right to Bail Where Applicable
Depending on the offence and the circumstances of the case, an arrested person may be entitled to bail.
Bail means that a person can be released from custody while the case continues, subject to conditions set by the appropriate authority or court. Bail does not mean that the person has been declared innocent or that the case has been cancelled. It simply allows the person to remain out of custody while the legal process continues.
8. Right to Contact Appropriate Persons
An arrested person should be allowed, subject to lawful procedures and circumstances, to communicate with appropriate persons, including a lawyer or someone who can assist them.
This is important because an arrest can be frightening and confusing, particularly when the person does not understand the legal process.
9. Protection Against Forced Confessions
A confession or statement should not be obtained through torture, threats, violence, intimidation, or other unlawful methods.
Law enforcement officers are expected to investigate allegations properly and gather evidence through lawful means rather than forcing a suspect to admit to an offence.
10. The Importance of Knowing These Rights
Knowing your rights does not mean resisting lawful arrest or preventing the police from carrying out their duties. A person should remain calm, avoid unnecessary confrontation, ask why they are being arrested, and seek legal assistance where necessary.
At the same time, police officers and other authorities must understand that their responsibility is not only to investigate crime but also to respect the law and the fundamental rights of the people they deal with.
CONCLUSION
The rights of an arrested person are an important part of a fair justice system. Arrest is not a declaration of guilt, and detention should not be used as punishment before a person has been convicted.
The law seeks to balance effective law enforcement with the protection of human rights. Everyone whether a suspect, victim, witness, police officer, or ordinary member of the public has a role to play in ensuring that justice is administered fairly.
In simple terms: being arrested does not mean losing your rights. It means the law must continue to protect you while the authorities carry out their lawful duties.
Department of sociology university of jos
