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If you are arrested

Your rights from the moment of arrest: silence, a lawyer, reasons in writing and being taken to court quickly.

Updated: October 26, 2026

This guide is awaiting review by the Foundation's legal team.

Everyone in Nigeria has the right to personal liberty. If you are arrested or detained, the law gives you specific protections.

Your key rights

  • You have the right to remain silent until you have spoken with a lawyer or another person of your choice.
  • You must be told, in writing and in a language you understand, the reasons for your arrest within 24 hours.
  • You must be brought before a court within a reasonable time — generally within one day where there is a court within 40 kilometres, and within two days in other cases.
  • You must not be tortured or subjected to inhuman or degrading treatment.
  • Nobody may be arrested in place of a suspect — for example, a family member cannot be held instead of you.
  • If you cannot afford a lawyer, you may be entitled to free representation by the Legal Aid Council of Nigeria.

What you can do

  • Stay calm and do not resist physically.
  • Ask politely why you are being arrested and where you are being taken.
  • Ask to contact a family member and a lawyer.
  • Do not sign a statement you do not understand or do not agree with.
  • Remember names, badge numbers and the station, if you can do so safely.

If you or someone you know has been held for longer than the law allows, contact us or the Legal Aid Council as soon as possible.

Legal sources

  • Constitution of the Federal Republic of Nigeria 1999 (as amended), sections 34 and 35
  • Administration of Criminal Justice Act 2015, sections 6, 7 and 8
  • Anti-Torture Act 2017

Information on this website is general guidance, not legal advice. For advice on your situation, contact us or a qualified lawyer.

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