This is a list of laws that some police
officers do not want you to know. Ignorance of these laws allows unscrupulous
officers to take advantage of citizens. It is important that you learn the
following provisions and share them with your friends and family members.
officers do not want you to know. Ignorance of these laws allows unscrupulous
officers to take advantage of citizens. It is important that you learn the
following provisions and share them with your friends and family members.
1. Bail is free
Police Bail is free, the Inspector – General of Police
has stated same over time and recently launched the bail is free campaign educating
Nigerians to stop paying bail and to report any officer who demands bail.
has stated same over time and recently launched the bail is free campaign educating
Nigerians to stop paying bail and to report any officer who demands bail.
2. Upon arrest, you
are liable to remain silent
are liable to remain silent
Person
arrested has a right to remain silent and to refrain from making a statement
until consultation with a lawyer as stated further in Section 6 of the ACJA Act 2015; Section 35(2) 1999 Constitution
arrested has a right to remain silent and to refrain from making a statement
until consultation with a lawyer as stated further in Section 6 of the ACJA Act 2015; Section 35(2) 1999 Constitution
3. When been
questioned, you must have your lawyer present
questioned, you must have your lawyer present
A police officer or person making an arrest shall
inform the suspect of his rights to remain silent or avoid answering any
question until after consultation with a legal practitioner or any other person
of his own choice. Section 6(2)(a) Administration
of Criminal Justice Act (2015)
inform the suspect of his rights to remain silent or avoid answering any
question until after consultation with a legal practitioner or any other person
of his own choice. Section 6(2)(a) Administration
of Criminal Justice Act (2015)
4. No one should be
subject to torture or unlawful treatment
subject to torture or unlawful treatment
A suspect shall be accorded humane treatment, having
regard to his right to the dignity of his person; and not subjected to any form
of torture, cruel, inhuman or degrading treatment. Section
8, Administration of Criminal Justice Act (2015); Section 34, 1999
Constitution.
regard to his right to the dignity of his person; and not subjected to any form
of torture, cruel, inhuman or degrading treatment. Section
8, Administration of Criminal Justice Act (2015); Section 34, 1999
Constitution.
5. Upon arrest, suspect
must be charged to court immediately
must be charged to court immediately
Where a suspect taken into custody in respect of a
non-capital offence is not released on bail after 24hours, a court having
jurisdiction with respect to the offence may be notified by application on
behalf of the suspect. Section 32 of the
Administration of Criminal Justice Act (2015)
non-capital offence is not released on bail after 24hours, a court having
jurisdiction with respect to the offence may be notified by application on
behalf of the suspect. Section 32 of the
Administration of Criminal Justice Act (2015)
6. Police officer making
an arrest must state reason
an arrest must state reason
“Except when the
suspect is in the actual course of the commission of an offence or is pursued
immediately after the commission of an offence has escaped from lawful custody,
the police officer or other persons making the arrest shall inform the suspect
immediately of the reason for the arrest”. Section 6, Administration of
Criminal Justice Act, 2015.
suspect is in the actual course of the commission of an offence or is pursued
immediately after the commission of an offence has escaped from lawful custody,
the police officer or other persons making the arrest shall inform the suspect
immediately of the reason for the arrest”. Section 6, Administration of
Criminal Justice Act, 2015.
7. Suspect is innocent
until proven guilty
until proven guilty
Every suspect is entitled to a fair hearing and is
deemed innocent until proven guilty by a court of law. Section 36(5) of the 1999 Constitution.
deemed innocent until proven guilty by a court of law. Section 36(5) of the 1999 Constitution.
8. No one can be
arrested in lieu of another person
arrested in lieu of another person
The law provides
that a person shall not be arrested in place of a suspect. Meaning only the
suspect can be arrested and not his parents, siblings, relatives or friends.
that a person shall not be arrested in place of a suspect. Meaning only the
suspect can be arrested and not his parents, siblings, relatives or friends.
9. Police cannot unlawfully
search your phones
search your phones
It is wrong for a police officer to stop you and demand
to search your phones unlawfully.
to search your phones unlawfully.
10.
Anyone
unlawfully arrested is entitled to compensation
Anyone
unlawfully arrested is entitled to compensation
Any person who is unlawfully arrested or detained shall
be entitled to compensation and public apology from the appropriate authority
or person; specified by law. Section
35(6) 1999 Constitution
be entitled to compensation and public apology from the appropriate authority
or person; specified by law. Section
35(6) 1999 Constitution
If your rights have been breached in
relation to any of the laws mentioned above, you can make a formal complaint to
the Police Complaint Commission via @PoliceNG_PCRRU npf.gov.ng/complaint or contact
your lawyer.
relation to any of the laws mentioned above, you can make a formal complaint to
the Police Complaint Commission via @PoliceNG_PCRRU npf.gov.ng/complaint or contact
your lawyer.
@Legalnaija