A Person’s Rights during and after Arrest

As it is often stated that charity begins at home, so is this. That any arrested person/s resident in Niger State will benefit from this analysis. It is important  to educate our people in order to safeguard them from numerous abuses from those given the power to arrest by the 1999 CFRN and other extant laws. More importantly as enshrined under Chapter iv which deals with fundamental human rights of citizens. 

In Niger State, the law  that protects any person arrested on suspicion of committing a criminal offense (not any form of civil infractions) is section 10(1) to (7) of the Niger State Administration of the Criminal Justice Law 2022. This law gives the following rights to any arrested person/s that encounters any form of abuse:

1. The right to be informed as to why he/she is under arrest. Not just to say “you are under arrest” without full explanations as to the nature of that arrest to such individual.
2. That no police officer or others has the right to inflict any form of inhuman treatment like abuse, torture or any form of human degradation.
3. No police officer or others has the right to arrest any person on allegations bordering on civil wrong or breach of contract in howsoever coined.
4. The right of every arrested person to be paid compensation for any wrong doing by the police officer/s or ohers for such arrest.
5. The right to demand for damages from such Police Officer/s or others for the wrong action.

Today Nigeria is blessed with many private legal practitioners as such,whenever any individual is maltreated by the Police Officer/s or Others during effecting an arrest, should quickly approach Lawyer/s to act for you. So also as your focal point to institute any form of actions against any of these abuses in the appropriate court.

Therefore, protect your inalienable rights from any form of abuses by those who fail to respect the tenets of this lqqaw.

Those who are misusing their privileged positions should think twice that they can equally be so treated. Law is not a respecter of any body except when you do the right thing.

An arrested person must be taken to the police station or other similar station for more actions.

The aim of this is to acquit any person arrested with or without warrant of how he/she will be handled at the police or any similar station. This is to further protect the arrested person or defendant from abuse of his/her fundamental rights as provided under the Niger State Criminal Procedure Laws.

Thus, the Niger State Administration of Criminal Justice Law 2022 under section 17(1) to (5) enjoins every arrested person be taken to the police station or other similar stations immediately whether that person is arrested with or without warrant.Furthermore while in the custody of the police such arrested person shall be informed of the charge against him/her. At the sametime be given full facility to obtain legal advice or legal Aid. If it is a bailable charge or offence, they should be assisted to get bail or be helped to get preparation for his/her defence or release.

However, where such arrested person volunteers to make a confessional statement,the police officer shall do the following:

•  Take and record such voluntary statement/s.
• That statement shall be by using audio-visual form.
• The recordings and copies must be produced at the trial.

But where there is no audio-visual facility, the following steps shall be taken by the Police:

•  Such statement be reduced to writing.
• The Defendant’s counsel shall be present or any other person of their choice.
• The counsel or other person chosen shall endorse such confessional statement with their full particulars.
• Such counsel or other person shall indicate by recording that they have witnessed it.

Where the Defendant does not understand or speak English language, an interpreter shall do the recording and read over the statement to him/her to his/her understanding and do the following:

•   The Defendant shall endorse such statement as his/hers.

 The interpreter shall attest to the making of the statement by:

• Endorsing the statement.
• By his/her name.
• By his/her address.
• To indicate his/her occupation.
• To provide his/her designation or other particulars.

All these actions shall take place in the police station or other similar facilities that accept arrested person or defendants. Failure to comply with these procedures by the police or any other enforcement agent will  make the arrest and action on the arrested person or defendant illegal. 

May we be guided.

Lakpene Yusuf Bida,Esq

Public affairs analyst 

10th-May 2025.

 

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