By Malik Usman, Advocate | UNN Law Associates
Legal Guide :Facing an arrest can be one of the most stressful and confusing experiences in a person’s life. Whether you believe you’re innocent or not, how you act during and after the arrest can significantly influence the outcome of your case.
As a practicing advocate with experience in criminal law, I’ve handled numerous cases where timely legal advice made all the difference. This article outlines what to do—legally and practically—if you are ever arrested in Nigeria.
✅ Step-by-Step Guide: What to Do If You’re Arrested
1. Stay Calm and Compliant
The first and most important rule: do not panic. Stay polite, composed, and avoid resisting or arguing with the police. Resisting arrest can lead to more serious charges or unnecessary use of force.
⚠️ Tip: Even if you think the arrest is unlawful, do not physically resist—legal redress comes later in court, not during the arrest.
2. Ask Legal Guide for the Grounds of Arrest
Under Nigerian law, particularly the 1999 Constitution and the Administration of Criminal Justice Act (ACJA), you have the right to know why you are being arrested. You are also entitled to see a warrant, if the arrest requires one.
Politely ask:
“Please, can you tell me the reason for my arrest?”
3. Asak Legal Guide for Avoid Volunteering Statements
After your arrest, remain silent unless advised otherwise by your lawyer. You’re not legally obligated to explain yourself to the police without legal counsel present.
🛑 Anything you say can be used against you in court.
4. Request to Speak With Your Lawyer
You have a legal right to contact and consult with a lawyer of your choice. If you do not have one, ask for a legal aid lawyer.
“I wish to speak with my lawyer before answering any questions.”
Do not proceed with any interrogation or document signing until your lawyer is present.
5. Never Sign Documents Without Legal Guidance
It is not uncommon for suspects to be pressured into signing statements. Do not sign any written documents or confessions without your lawyer reviewing them.
Even a minor error in your statement could negatively affect your case later in court.
6. Bail: Your Legal Right in Most Cases
For most offences (excluding capital offences), you are entitled to bail. Your lawyer can apply for bail at the police station or through the court.
📝 Note: Bail is free. Demanding money for bail is unlawful under Nigerian law.
7. Know Your Rights in Custody
While in detention, you are protected by several rights, including:
- The right to be brought before a court within 24-48 hours
- The right to adequate medical attention
- Protection from torture or inhumane treatment
If any of these rights are denied, your lawyer can challenge the detention or file a human rights violation case.
8. Cooperate With Your Legal Team in Court
Once your case moves to court, your legal representative will be your voice. Ensure full cooperation:
- Attend all court dates
- Provide honest and complete information
- Trust your legal team’s strategy
🙋♂️ Frequently Asked Questions (FAQ)
Q1: Can I refuse to go with the police if they don’t show an arrest warrant?
A: If the offence is one that permits arrest without a warrant (like being caught committing a crime), the police may arrest you without one. But you can still ask for the reason and your rights must still be respected.
Q2: How long can I be detained without being charged?
A: The law requires the police to charge or release you within 24 hours (or 48 hours if no court is nearby). Unlawful prolonged detention can be challenged in court.
Q3: What should I do if the police ask for money for bail?
A: Refuse and document it if possible. Report such cases to a lawyer or a human rights organization. Bail is free under Nigerian law.
Q4: What if I can’t afford a lawyer?
A: Ask for a public defender or contact the Legal Aid Council of Nigeria. Every citizen has the right to legal representation, regardless of income.
Q5: Will I be allowed to call someone after I’m arrested?
A: Yes. You have the right to notify a relative, lawyer, or friend of your arrest and location.
🏛 Final Thoughts from Advocate Malik Usman
Being arrested is never easy, but knowing your rights and acting responsibly can protect you from further harm. Always remember:
- Stay silent
- Contact a lawyer
- Know your rights
If you or someone you know has been arrested, do not hesitate to reach out to UNN Law Associates for immediate legal assistance.
📞 Contact Us
Malik Usman, Advocate