Types of Illegal Arrests in Nigeria

[Serifat Obayemi]

5 Types of Illegal Arrests in Nigeria
An arrest is illegal the moment security agents break the rules laid down by the Constitution and the Administration of Criminal Justice Act. Here are the five most common illegal arrests you need to watch out for:
1. Arresting You for Someone Else's Offense (Arrest in Lieu)
If the police are looking for a suspect and can't find them, they cannot arrest the suspect's father, mother, wife, or friend instead.

The Law: Section 7 of the ACJA says No person shall be arrested in place of a suspect.

2. Arresting You Over Money or Contracts (Civil Debt)
If you owe someone money, fail to pay back a loan, or break a business agreement, it is a civil matter. It is completely illegal for the police or EFCC to arrest you just to force you to pay a debt.
The Law: Section 8(2) of the ACJA states clearly that a suspect shall not be arrested merely on a civil wrong or breach of contract.

3. Arresting You on a Hunch (No Reasonable Suspicion) An officer cannot arrest you just because they don't like your hair, your clothes, your laptop, or the car you drive. There must be actual, reasonable proof connecting you to a specific crime before they can touch you.

4. Quiet Arrests (No Reason Given)
Security agents cannot just pack you into a vehicle without telling you exactly why you are being picked up.

Section 35 of the Nigerian Constitution states that you must be informed immediately, in the language you understand, of the reason for your arrest.

5. Locking You Up Without Court (Over-Detention) the police cannot lock you in a cell indefinitely under the excuse of "we are still investigating."

The Law: The Constitution says a suspect must be brought before a court within 24 to 48 hours. Anything longer than that without a judge's permission is an illegal detention.
What Does the Law Say If This Happens to You?

The Nigerian Constitution is very clear: If you are unlawfully arrested or detained, you are legally entitled to a public apology and financial compensation from the agency responsible.
don't let anyone intimidate you!

Law Parlour

 

[Giwa Ihesha]

TYPES OF ILLÈGÀL ÀRRÈSTS YOU SHOULD KNOW IN NIGERIA
Not every àrrèst is lawful. The Constitution and çrìmiñal procedure laws place limits on the power of security agencies to àrrèst and ďètain people.
1. ÀRRÈSTING YOU FOR SOMEONE ELSE’S ÓFFÈÑÇE “ARREST IN LIEU”
If the police are looking for a suspect, they cannot simply àrrèst the suspect’s father, mother, wife, child or friend because the actual suspect is unavailable.
Section 7, ACJA 2015: A person must not be ärrèsted in place of another suspect.
2. ÀRRÈSTING YOU JUST TO FORCE YOU TO PAY A DEBT
Owing money or failing to fulfil a contract does not, by itself, turn a civil dispute into a çrimiñal óffèñçe.
Police should not be used simply as a debt-recovery agency.
3. ÀRRÈSTING YOU WITHOUT LAWFUL GROUNDS
An officer cannot lawfully àrrèst you merely because of your appearance, clothing, lifestyle, car or personal disagreement with you.
There must be a lawful basis for the arrèst, such as reasonable suspicion of an óffeñçe where the law permits arrest.
4. ÀRRÈSTING YOU AND REFUSING TO TELL YOU WHY
You have a constitutional right to be informed of the facts and grounds for your àrrèst or détentioñ. The Constitution requires this information to be given in writing within 24 hours and in a language you understand.
Section 35(3), 1999 Constitution.
5. KEEPING YOU IN ĎÈTENTION INDEFINITELY
“Investigation is still ongoing” does not give security agencies unlimited power to keep someone in custody forever.
The Constitution provides safeguards concerning how long an ärrèsted person may be ďetained before being brought before a court, subject to the circumstances and applicable law.
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