- INTRODUCTION:
1.1 It is no longer novel that incidents of unlawful arrests by law enforcement agencies in Nigeria have become a recurring subject of public discourse, especially in an era where citizens are increasingly aware of their constitutional rights and protections. While the Police and other security agencies are vested with powers to arrest individuals under certain circumstances, there have been several instances where these powers have been abused through arbitrary arrests, illegal detentions and acts that are clearly inconsistent with the provisions of the law.
1.2 For context, an arrest simply refers to the act of depriving a person of his liberty by lawful authority, usually for investigation, prevention of crime or prosecution. The Administration of Criminal Justice Act (ACJA) 2015 and the Police Act 2020 regulate the powers of arrest in Nigeria. However, these laws also impose limitations on law enforcement agencies and stipulate procedures that must be followed during an arrest.
1.3 For clarity, Section 35 of the Constitution of the Federal Republic of Nigeria 1999 (as amended) guarantees the right to personal liberty and provides that no person shall be deprived of such liberty except in accordance with a procedure permitted by law. In essence, while the Police possess the power to arrest, such an arrest must be lawful, reasonable and carried out in compliance with constitutional safeguards. Consequently, where an arrest is made without lawful justification or in violation of due process, such an arrest may amount to an unlawful.
2.0 CAUSES OF UNLAWFUL ARREST:
2.1 More often than not, unlawful arrest stems from the failure of law enforcement agencies to adhere to the laid-down rules and procedures for arrest. See the case of AFRIBANK (NIG)PLC V. ONYIMA (2004) 2 NWLR (PT. 858) PG. 660.
2.2 In some instances, the cause of many unlawful arrests in Nigeria stems from arrests without a warrant and without any reasonable suspicion that they committed an offence. Citizens are arrested merely because they refused to give bribes, possess expensive gadgets, look a certain way or happen to be associates or relatives of suspects.
2.3 There are cases where security agencies arrest individuals for civil disputes such as debt recovery, tenancy disagreements and contractual issues, although such matters are clearly outside the jurisdiction of the Police. In the case of GAUL IHENACHO & ANORS v NIGERIA POLICE FORCE & ANORS (2017) 12 NWLR PART 1580 PAGE 424 AT 429 RATIO 5, where the Court held: The Police, whose duties are provided in Section 4 of the police Act, do not include investigation and/or settlement of civil or contractual disputes, or more popularly put, the collection of debts or enforcement of civil agreements and contracts. There is no provision in the Police Act that empowers the police to enforce contracts or collect common debts.
2.4 Furthermore, the Court of Appeal in the case of ARAB CONTRACTORS (O.A.O) NIG LTD. V. GILLIAN UMANAH (2013) held that “A civil arrangement is not a matter for the Police. Police is not a debt collection organisation. It is not and should not in any community of civilised people be used as debt or levy collectors, or in resolution or settlement of civil disputes among people”.
3.0 WHAT TO DO IMMEDIATELY IF UNLAWFULLY ARRESTED.
- No resistance or physical confrontation:
Resistance or physical confrontation with law enforcement officers is not advisable, irrespective of how illegal the arrest may appear. This is because resistance may escalate the situation and could even result in additional allegations, such as obstruction of officers or assault. Rather, you should calmly request to know the reason for the arrest. in line with Section 6 of the Administration of Criminal Justice Act 2015 and Section 35(3) of the Constitution.
- Remain silent and avoid making self-incriminating statements
Section 35(2) of the Constitution expressly provides that any person who is arrested or detained shall have the right to remain silent and avoid answering questions until after consultation with a legal practitioner or any other person of his choice. This is a constitutional safeguard that many citizens, unfortunately, waive out of fear or intimidation. This is because anything said during interrogation may be used against you in court.
- Immediately contact a lawyer:
This is to prevent abuse, coercion, intimidation and self-incrimination.
- Pay close attention to the details surrounding the arrest:
These details include the identities of the officers involved, the station where you are being detained, the time of arrest and the conduct of the officers. These details may become extremely relevant where legal action is eventually instituted against the agency or officers responsible for the unlawful arrest.
4.0 REMEDIES FOR UNLAWFUL ARREST
4.1 Section 46 (1) of the 1999 Constitution of the Federal Republic of Nigeria provides “Any person who alleges that any of the provisions of this Chapter has been, is being or likely to be contravened in any State in relation to him may apply to a High Court in that State for redress”.
4.2 Thus, where you eventually establish that your arrest was unlawful, the law provides several remedies, such as:
- Fundamental Rights Enforcement Procedure
One of the most common remedies is the enforcement of fundamental rights through an action instituted at the High Court pursuant to the Fundamental Rights (Enforcement Procedure) Rules 2009. Through this procedure, the victim may seek declarations that the arrest and detention were unconstitutional, an order for release, or monetary compensation for the violation suffered. See THE COMMISSIONER OF POLICE, DELTA STATE & ORS v. CHUKWUELOKE IGBA (2024) LPELR-61951(CA).
- File a Petition
You may consider filing a petition before oversight bodies such as the Police Service Commission or that of the relevant law enforcement agency concern. Although these mechanisms may not always guarantee immediate justice, they nonetheless provide additional channels for accountability and investigation into such misconduct.
5.0 CONCLUSION:
The final point which deserves emphasis is that unlawful arrest is not merely an inconvenience or an unpleasant encounter with law enforcement officers. It is fundamentally a violation of the constitutional rights of such a citizen. Consequently, citizens must not only understand the legal safeguards available to them but must also be willing to assert these rights through lawful means whenever necessary.