Your rights if you are arrested or detained in Nigeria

Section 35 of the Constitution of the Federal Republic of Nigeria 1999 protects the right to personal liberty. It also sets out specific rights for anyone who is arrested or detained.

The right to remain silent

Under section 35(2), a person who is arrested or detained has the right to remain silent, or to avoid answering any question, until after consulting a legal practitioner or any other person of their choice.

The right to be told why, in writing

Under section 35(3), a person who is arrested or detained must be informed in writing within 24 hours, and in a language they understand, of the facts and grounds for the arrest or detention.

The right to be brought before a court

A person arrested on suspicion of a crime must be brought before a court within a reasonable time (section 35(4)). Section 35(5) explains what a “reasonable time” means:

• one day, if there is a competent court within a radius of 40 kilometres of the place of arrest or detention; and
• in any other case, two days, or any longer period the court considers reasonable in the circumstances.

Time limits for trial

Under section 35(4), a person who is not tried within two months of arrest (if held in custody or not entitled to bail), or within three months (if released on bail), must be released, either unconditionally or on conditions that ensure they appear for trial later.

The right to a fair hearing

Section 36 guarantees a fair hearing within a reasonable time by an independent and impartial court or tribunal.

Enforcing these rights

Where these rights are breached, the person affected can apply to the High Court to enforce their fundamental rights. Kendot Legal brings these civil applications. We do not defend criminal charges.

This article is general information, not legal advice. If someone has been detained unlawfully, contact our Dispute Resolution team.