Understanding the Law on Arrest in Nigeria
Introduction
What is an Arrest?
An arrest is the act of apprehending and taking of a person into custody, usually because they are suspected to have committed a crime or are caught in the act of committing one. Whether an arrest is lawful or not, once a person has been detained or their freedom restricted, an arrest has occurred.
When and Where Can an Arrest Take Place?
An Arrest can be made:
- Before a crime is committed (e.g. in cases where there is reasonable suspicion that an individual is about to commit an offense).
- During the commission of a crime (e.g. when someone is caught in the act).
- After a crime has been committed (e.g. when a suspect is apprehended based on investigations or evidence).
An arrest can occur anywhere – at home, in the office, on the street, a place of worship or even in a public gathering – so long as it is carried out lawfully.
The purpose of arrest was also posited by Justice ADAH (JCA) in the case of UKIRI v. EFCC (2018) , where he held that the purpose of an arrest is to bring the person arrested either before a Court or to secure the administration of justice.
Types of Arrests in Nigeria
There are two main types of arrests in Nigeria:
- Arrest with a Warrant: An arrest warrant is an order issued by a magistrate or judge, directing law enforcement officers or other authorised persons to detain an individual and bring them before the court.
To be valid, a warrant must:
- Be in writing
- Specify the name of the accused
- Outline the offense committed
- Direct an officer or authorized individual to execute the arrest
A warrant remains valid until it is either executed or revoked by the issuing authority. It can be issued on any day, including Sundays and public holidays.
- Arrest without a Warrant: Law enforcement officers are legally permitted to arrest a person without a warrant in certain situations, including:
- When a person is caught committing a crime
- When there is reasonable suspicion that an individual has committed or is about to commit a crime
- When an accused person attempts to evade arrest or justice.
The backing for arrests without a warrant is found in section 3 and 18 of the Administration of Criminal Justice Act (ACJA) and section 24 of the Police Act.
Who is Legally Allowed to Make an Arrest?
Arrests in Nigeria can be carried out by various authorised entities, including:
1.The Police Force: It‘s power of arrest may be found in Section 4 of the Police Act which allows the police to make arrests for specific reasons:
- The prevention and detection of crime,
- The apprehension of offenders,
- The preservation of law and order,
- The protection of life and property and
- The due enforcement of all laws and regulations with which they are directly charged.
2. The Economic and Financial Crimes Commission (EFCC): is empowered under Sections 6 and 7 of the EFCC Act 2004 to investigate financial crimes. In performing this duty, its officers may arrest suspects and take them into custody for questioning.
3. The Independent Corrupt Practices Commission (ICPC): Section 5 of the ICPC Act 2000 grants powers similar to police officers under the police Act to investigate or prosecute cases of corruption. This means that officers of the ICPC can also arrest a suspect, the same way the Police can arrest under the Police Act.
4. The Federal Road Safety Corps (FRSC): Under Section 10(4)(5) of the FRSC (Enforcement) Act (2007), FRSC officers can arrest and prosecution individuals suspected of committing traffic offenses.
5. The Nigerian Customs Service: Section 8 of the Customs and Excise Management Act 2003, grants its officers the same powers as police officers fro enforce customs and border regulations.
6. The National Drug Law Enforcement Agency (NDLEA): Under section 4 of the NDLEA Act, NDLEA Officers have the power to arrest, investigate and prosecute anyone suspected of drug-related offenses.
7. Private individuals (Citizen’s Arrest)
In certain circumstances, private individuals can lawfully make an arrest without a warrant. This is known as citizen’s arrest, which typically occurs when an individual:
- Witnesses a serious crime being committed (a person caught in the act of sexual assault)
- Detains a suspect and hands them over to law enforcement
However, citizen’s arrests must be conducted lawfully. Failure to abide by proper legal procedures may expose the arresting individual to civil and criminal liability.
Rights of an Arrested Person
Nigerian law guarantees certain rights to individuals who are arrested. These include:
- Right to be Informed of the Offense: Every individual arrested must be informed of the reasons for their arrest.
- Right to Legal Representation: They have the right to consult with a lawyer of their choice.
- Right to a Fair Trial: The Constitution guarantees that anyone arrested has the right to a fair and public trial within a reasonable time.
- Protection from Torture or Inhumane Treatment: Law enforcement agencies are prohibited from subjecting detainees to torture, degrading treatment, or punishment.
The Nigerian Police Force has a duty to ensure that detainees are not unlawfully deprived of their liberty or subjected to cruel or degrading treatment.
Conclusion
The legal framework surrounding Arrest in Nigeria is designed to balance effective law enforcement with the protection of individual rights. While arrests are essential for maintaining law and order, they must be conducted within the bounds of the law.
The law recognises the potential for abuse and seeks to safeguard citizens from unlawful detention and mistreatment. Understanding these legal provisions is essential for both law enforcement agencies and the general public.
Increasing public awareness of these rights and legal procedures can help prevent abuses, minimise misunderstandings, and strengthen the rule of law in Nigeria.
References
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- 1999 Constitution of the Federal Republic of Nigeria
- LPELR-43992(SC)
- Police Act
- EFCC Act 2004
- ICPC Act 2000
- Federal Road Safety Commission (Enforcement) Act 2007
- Customs and Excise Management Act 2003
- National Drug Law Enforcement Agency Act
- https://oal.law/how-to-tackle-illegal-police-arrest-and-detention-in-nigeria/
- https://nigeria.action4justice.org/legal_areas/arrest/procedures-for-lawful-arrest/
