The Situation
What They Said
“Follow us to the station. Don't ask questions — just come.”
You are stopped on a street in Lagos, Abuja, or any Nigerian city by two or more police officers. They do not show identification, produce a warrant, or explain why you must accompany them. This scenario is among the most common police encounters Nigerians face — human rights organisations have documented thousands of such arbitrary stops each year. The officer's tone makes it clear that resistance will be treated as defiance. Most people comply out of fear, unaware that the Nigerian Constitution gives them a clear right to be told the reason for any arrest before they are taken anywhere.
The Fallacy
Authority Override
The officer is implying that police authority alone is sufficient justification for compelling a citizen to move — that asking questions is itself an act of insubordination. This is legally false. Police authority is not unlimited; it is defined and bounded by statute and the Constitution. An officer's badge does not suspend a citizen's right to know the legal basis for their detention. The law requires that a reason be given before or at the moment of arrest, not at the convenience of the police later. Silence in place of a reason is not a lawful answer.
What the Law Says
Your Legal Foundation
Constitution of the Federal Republic of Nigeria 1999 (as amended)
Section 35(3) — Right to Be Informed of Reasons for Arrest
“Any person who is arrested or detained shall be informed in writing within twenty-four hours (and in a language that he understands) of the facts and grounds for his arrest or detention.”
This section makes it a constitutional obligation — not a courtesy — for the arresting officer to communicate the grounds for arrest. The right attaches immediately upon arrest. An officer who refuses to state a reason is acting outside constitutional authority, and any detention arising from such an arrest is unlawful from its very beginning.
Administration of Criminal Justice Act 2015
Section 6 — Duty to Inform Person Arrested of Reason for Arrest
“A police officer or other person making an arrest shall inform the person being arrested of the reason for the arrest at the time of arrest, except where the arrest is made during the commission of an offence.”
ACJA 2015 operationalises the constitutional right by requiring the officer to state the reason at the moment of arrest. The only recognised exception is an in-flagrante arrest — where the person is caught committing an offence. If you are simply stopped on the street, the exception does not apply and the duty to explain is immediate and unconditional.
Constitution of the Federal Republic of Nigeria 1999 (as amended)
Section 35(2) — Right to Remain Silent
“Any person who is arrested or detained shall have the right to remain silent or avoid answering any question until after consultation with a legal practitioner or any other person of his own choice.”
While you have the right to ask for the reason for your arrest, you equally have the right to say nothing in response to police questioning until a lawyer is present. This section protects you from self-incrimination during the vulnerable period immediately after arrest. You may ask the reason for your arrest and then exercise your right to silence simultaneously.
🔒
You Know the Law — But Do You Know What to Say?
Reading your rights is one thing. Using them under pressure — calmly, correctly, in the right words — is what actually protects you. Members get the scripted rebuttal for this exact situation: what to say first, what to say if they push back, the tone to use, and the constitutional provision to cite. Practise out loud with audio until it's automatic.
Unlock This Scenario — R89/month
Identity & Dignity and Gender & Equality are free · All 17 domains from R89/month · Cancel anytime
Not ready to subscribe? Get the free checklist first.
10 South African rights scenarios — what to say, what to cite, what to refuse. Free, no card needed.
What They'll Say Next
Common Counter-Arguments
After you respond, they may push back with these arguments. Members get the full rebuttal for each.
They might say: “This is a security matter — we don't need a warrant.”
🔒 Subscribe to see the full rebuttal and legal counter-argument.
They might say: “Asking questions means you're obstructing justice.”
🔒 Subscribe to see the full rebuttal and legal counter-argument.
Know Your Rights. Know Your Word.
149 South African rights scenarios — exact rebuttals, constitutional law, and Scripture. Practise out loud with audio. Free to start with 2 full domains.
Try Free — Identity & Dignity
No credit card · Upgrade anytime for all 17 domains