Category: Criminal Defence
Author: Barrister Chidinma Okonkwo
Date: April 7, 2026
Reading Time: 4 mins
Introduction:
Every year, thousands of Nigerians are arrested — some guilty, many innocent. Whether you are directly involved or supporting a loved one who has been arrested, knowing your legal rights under the Nigerian Constitution and the Administration of Criminal
Justice Act (ACJA) 2015 is absolutely critical.
At Lawal Chambers, our criminal defence team has represented hundreds of clients at police stations, magistrate courts and high courts across Nigeria. This guide outlines your fundamental rights and what steps to take immediately after an arrest.
Your Constitutional Rights Upon Arrest in Nigeria:
1. Right to Know Why You Are Being Arrested
Under Section 35 of the Nigerian Constitution, any person who is arrested must be informed promptly of the reason for their arrest in a language they understand. If the police refuse to tell you why you are being arrested — that is a violation of your
constitutional rights.
2. Right to Remain Silent
You have the absolute right to remain silent after arrest. You are not legally obligated to answer any questions from the police without your lawyer present. Anything you say can and will be used against you in court — so exercise this right immediately.
3. Right to a Lawyer
The Nigerian Constitution guarantees every arrested person the right to a lawyer of their choice. The police cannot legally prevent you from contacting or speaking with your lawyer. If you cannot afford a lawyer, you have the right to request a Legal Aid Council lawyer at no cost.
4. Right to Be Charged or Released Within 24-48 Hours
Under the Administration of Criminal Justice Act 2015, the police must either charge you to court or release you within 24 hours for minor offences and 48 hours for more serious offences. Holding you beyond this period without charge is illegal detention.
5. Right Against Torture and Inhumane Treatment
No police officer or government official has the legal right to torture, beat or subject you to inhumane treatment during arrest or detention. This is a fundamental right protected by the Nigerian Constitution and international human rights law.
6. Right to Bail
For bailable offences, you have the right to apply for bail at the police station or at the magistrate court. The police cannot indefinitely deny you bail for offences that are not capital in nature.
What to Do Immediately After Being Arrested:
Step 1: Stay Calm
Resist the urge to argue, resist or flee. Remaining calm protects you from additional charges and keeps the situation from escalating unnecessarily.
Step 2: Exercise Your Right to Remain Silent
Do not answer any questions without your lawyer present. Politely state: “I would like to speak with my lawyer before answering any questions.”
Step 3: Contact Your Lawyer Immediately
Call your lawyer as soon as you are permitted to make a phone call. If you do not have a lawyer, contact a trusted family member who can engage one on your behalf.
Step 4: Note the Details
Try to remember or note down the names and badge numbers of the arresting officers, the time and location of arrest and the reason given for the arrest.
Step 5: Do Not Sign Anything Without Legal Advice
Never sign any document, statement or confession without first consulting your lawyer. Signing without legal advice could seriously damage your defence.
Common Mistakes People Make After Arrest:
❌ Arguing aggressively with the arresting officers
❌ Voluntarily giving statements without a lawyer present
❌ Paying unofficial bribes instead of following due legal process
❌ Contacting the wrong people instead of a qualified criminal defence lawyer
❌ Assuming the matter will resolve itself without legal representation
When to Contact a Criminal Defence Lawyer:
You should contact a criminal defence lawyer immediately if:
– You or a loved one has been arrested
– You are being investigated by the police or EFCC
– You have received a police invitation letter
– You are being threatened with arrest or prosecution
– You need to apply for bail
Conclusion:
Your rights do not disappear the moment you are arrested — they must be actively protected. The single most important step you can take after any arrest is to contact an experienced criminal defence lawyer immediately.
At Lawal Chambers, our criminal defence team is available 24/7 to respond to arrest situations, police invitations and urgent bail applications across Lagos and Nigeria.
Arrested or under investigation?
Call us immediately —
we are available 24/7.
📞 +234 802 345 6789
📞 +234 901 234 5678
✉️ info@lawalchambers.com.ng