Nigeria Rights Guide
Your Rights When Arrested in Nigeria — Section 35 & the ACJA 2015
When arrested in Nigeria, you have the right to be told why, the right to silence, the right to a lawyer, and the right to appear in court within 24–48 hours. Here is what to do.
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Nigerian Law
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Direct Answer
Section 35 of the Constitution gives every arrested person the right to be told why they are being held, the right to remain silent, and the right to a lawyer. The Administration of Criminal Justice Act 2015 (ACJA) requires police to bring you before a court within 24 hours (if a magistrate court is within 40km) or 48 hours. Holding you beyond this is unconstitutional.
What the Law Says
Your Legal Foundation
Constitution of Nigeria 1999
Section 35(3)
“Any person who is arrested or detained shall be informed in writing within 24 hours, in a language he understands, of the facts and grounds for his arrest or detention.”
Administration of Criminal Justice Act 2015
Section 29
“A suspect shall be brought before a court within 24 hours if a magistrate court is within 40km of the place of arrest, and within 48 hours in any other case.”
Constitution of Nigeria 1999
Section 36(6)(c)
“Every person charged with a criminal offence shall be entitled to defend himself in person or by legal practitioners of his own choice.”
What to Say
Exact Words to Use
“"I am invoking my right to remain silent under Section 35 of the Constitution of Nigeria. I will not answer questions without a lawyer present."”
Tone: Calm, firm — say this immediately on arrest
“"I have been held for more than 48 hours without being charged. This violates Section 29 of the ACJA 2015 and Section 35 of the Constitution. I am requesting immediate release or charge."”
Tone: Formal — have a family member or lawyer say this to the duty officer or court
Common Questions
Frequently Asked Questions
Can police search me without a warrant?
Under the ACJA 2015, police can search an arrested person on arrest. A search of premises generally requires a warrant unless the situation is urgent and a crime is in progress. You can ask the officer to state their legal authority for any search.
Police are asking me to pay money to be released — what do I do?
Do not pay. This is extortion. Note the officer's name and badge number. File a complaint with the Police Service Commission (PSC) and the Independent Corrupt Practices Commission (ICPC) at 0800 4448 2648. Paying a bribe is also an offence under the Corrupt Practices Act.
What is "administrative bail" and can police refuse it?
Police have a duty to grant administrative bail for non-serious offences while investigations continue. Bail terms must be reasonable. If police unreasonably deny bail, apply to a Magistrates' Court or High Court for bail immediately.
I was arrested but released without charge — what is my status?
An arrest without charge that leads to no prosecution should not appear as a criminal conviction. You may request a written confirmation from the police that the matter was closed. Seek legal advice if the arrest appears on any record.
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