By George Omagbemi Sylvester
When a police officer utters the words, “Oga, follow us to the station,” the psychological weight of that command often overwhelms the average citizen. Fear, confusion, and panic take over. Yet under Nigerian law, that moment does not mark the end of a person’s rights; it marks the activation of them.
Across Nigeria, concerns about unlawful detention, forced confessions, and prolonged custody have persisted for decades. Civil society groups, including the Nigerian Bar Association (NBA) and Access to Justice, have repeatedly warned that ignorance of constitutional safeguards often enables abuse. What, precisely, does the law guarantee at the point of arrest? Who is involved in protecting those rights? And how are those protections supposed to work in practice?
The starting point is the 1999 Constitution of the Federal Republic of Nigeria (as amended). Section 35 provides that every person has a right to personal liberty and may only be deprived of it in accordance with a procedure permitted by law. Crucially, it requires that any person who is arrested must be informed promptly, in a language they understand, of the reason for their arrest. Police officers cannot lawfully bundle a citizen into a vehicle without disclosing the alleged offence.
Senior Advocate of Nigeria Femi Falana has long argued that “an arrest without explanation is a violation of constitutional order.” According to Falana, the constitutional duty to inform an arrestee of the reason for arrest is not a courtesy; it is a mandatory safeguard against arbitrary power.
Equally important is the right to remain silent. Section 36 of the Constitution guarantees the right to a fair hearing, which includes protection against self-incrimination. A suspect is not obligated to immediately narrate events or sign statements under pressure. The global principle that silence cannot be treated as guilt is embedded in Nigerian criminal jurisprudence. As legal scholar Professor Yemi Akinseye-George has observed, “The presumption of innocence collapses where citizens are compelled to prove their innocence in police custody.”
The right to legal representation is another cornerstone. Upon arrest, a suspect is entitled to consult a lawyer of their choice. If the individual cannot afford one, legal aid mechanisms exist through the Legal Aid Council of Nigeria. The presence of counsel is intended to prevent coerced confessions and ensure that any statement made is voluntary and informed. The Supreme Court of Nigeria has repeatedly ruled that confessions obtained through duress or torture are inadmissible.
This principle gained sharper urgency following widespread reports of abuse by certain units of the Nigeria Police Force, particularly the now-disbanded Special Anti-Robbery Squad (SARS). The 2020 #EndSARS protests exposed systemic allegations of torture, unlawful detention, and extortion. In response, the federal government dissolved SARS in October 2020, and the Nigeria Police Force announced reforms. Yet human rights advocates argue that institutional culture, not merely structure, determines compliance.
“No officer has the legal authority to torture or assault a suspect,” said Osai Ojigho, former Country Director of Amnesty International Nigeria. Nigeria is a signatory to the United Nations Convention Against Torture, and its Anti-Torture Act of 2017 explicitly criminalises torture. Forced confessions are illegal; any evidence extracted under coercion violates both domestic and international law.
Another safeguard concerns detention time. Section 35 mandates that a suspect must be brought before a court within a “reasonable time,” defined as 24 hours if a court is within a 40-kilometre radius or 48 hours otherwise. Prolonged detention without charge is unconstitutional. Many offences are bailable, particularly minor or non-violent ones. Bail is not meant to be punitive but a mechanism to ensure appearance in court.
Equally vital is the right to notify family or a trusted person. Disappearances in custody have historically fuelled public distrust. Transparency (allowing suspects to inform relatives or lawyers) is intended to prevent abuse and ensure accountability.
Who enforces these rights? Primarily, the Nigeria Police Force and other law enforcement agencies such as the Economic and Financial Crimes Commission (EFCC) must operate within constitutional limits. Oversight bodies include the Police Service Commission, the National Human Rights Commission, and the judiciary. However, enforcement ultimately depends on awareness and vigilance.
Why does ignorance persist? Analysts cite weak civic education, fear of authority, and economic vulnerability. Professor Chidi Odinkalu, former Chairman of Nigeria’s National Human Rights Commission, has argued that “rights unasserted are rights easily eroded.” He maintains that public legal literacy is essential to democratic stability.
The broader issue is not hostility toward law enforcement but accountability within it. Arrest is a legal process, not a declaration of guilt. It is an investigative step. Democracies are measured not by the absence of arrest but by the fairness with which arrests are conducted.
Understanding these safeguards does not encourage confrontation; it encourages calm, lawful assertion. Respectful inquiry and asking what offence is alleged, requesting counsel, and declining to sign documents not understood, which is fully within legal boundaries.
In the end, constitutional rights are not theoretical ornaments; they are practical tools designed to prevent abuse of power. When exercised responsibly, they protect both citizens and the integrity of the justice system.
Ignorance inside a police station can indeed be expensive. However, knowledge grounded in law, reinforced by institutions, and defended by vigilance remains one of the most powerful shields a citizen possesses.
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