In Nigeria, the Constitution of the Federal Republic of Nigeria 1999 (as amended) provides robust protections for every individual, including those suspected of committing a crime. These safeguards, primarily contained in Chapter IV on Fundamental Rights, ensure that suspicion alone does not strip a person of their dignity, liberty, or due process. Arrest or detention must follow lawful procedures, and the rights of the suspect remain intact until guilt is established and pronounced by a court of competent jurisdiction. This framework balances the State’s interest in investigating crime with the individual’s fundamental freedoms.
Right to Personal Liberty and Limits on Arrest
Section 35(1) of the Constitution guarantees that every person is entitled to personal liberty and shall not be deprived of it except in specific cases and in accordance with a procedure permitted by law. One permitted ground is arrest “upon reasonable suspicion of his having committed a criminal offence” or to prevent the commission of an offence (Section 35(1)(d)). Arrest must therefore be based on reasonable suspicion, not mere whim or as a tool to extract information. Arbitrary or prolonged detention without justification violates this provision. The Supreme Court in a litany of cases ruled in favour of this contention. A few are, Fawehinmi v. Inspector-General of Police [2002] 7 NWLR [Pt. 767] 606 SC; Dokubo-Asari v. Federal Republic of Nigeria [2007] 12 NWLR [Pt. 1048] 320 SC.
Right to Be Informed of the Grounds of Arrest
A critical safeguard is the right to prompt information. Section 35(2) provides that 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 requirement prevents secret or unexplained detention and enables the suspect to prepare a defence or challenge the lawfulness of the arrest. It also ensures that no one is arrested nor prosecuted for a non-existent crime as succinctly expounded in the case of Taiwo Aoko v. Adeyeye Fagbemi & Anor (1961) 1 All NLR 400.
Right to Access to Legal Representation of Choice
This constitutional provision ensures adequate representation either by oneself or by a legal practitioner of ones choice. This is reinforced by the Administration of Criminal Justice Act (ACJA) 2015, which requires the arresting officer to inform the suspect of this right and of the right to consult a lawyer (or free legal representation through the Legal Aid Council where applicable) before making any statement. See Section 36(2) and (6)(c) of the 1999 Constitution. See the Supreme Court’s decisions in Okoye v. Nigerian Army [2007] 15 NWLR [Pt. 1058] 610 SC; Ndukwe v. The State [2009] 7 NWLR [Pt. 1139] 43 SC.
Right to Be Brought Before a Court Promptly
Section 35(4) requires that a person arrested on suspicion of a crime be brought before a court of law within a reasonable time. Under the ACJA 2015, this is generally interpreted as 24 hours where a magistrate’s court is within 40 kilometres of the place of arrest, or 48 hours in other cases. Extended detention beyond these periods without court order is unconstitutional. See the Supreme Court’s decision in A.G Federation v. Ajayi (2000) 12 NWLR [Pt. 682] 509 SC.
Presumption of Innocence and Fair Hearing
Section 36(5) of the Constitution declares that every person charged with a criminal offence “shall be presumed to be innocent until he is proved guilty.” The burden of proof rests on the prosecution. Complementary fair-hearing rights under Section 36 include the right to be informed promptly of the nature of the offence, adequate time and facilities to prepare a defence. Trials must also be held within a reasonable time and, generally, in public. See Oluwa v. The State [1992] 11-12 SCNJ 1; [1992] 8 NWLR [Pt. 258] 255 SC.
Dignity of the Person and Freedom from Torture
Section 34(1)(a) protects the dignity of the human person: no person shall be subjected to torture or to inhuman or degrading treatment. This right continues to apply fully during arrest, investigation, and detention. The Anti-Torture Act 2017 and the Police Act 2020 further prohibit such practices and require humane treatment of suspects. The Supreme Court gave credence to this provision of the Constitution in Jimoh Yusuf & Anor v. COP & Ors [2018] LPELR-43907(SC).
Remedy for Unlawful Arrest or Detention
Where these rights are violated, Section 35(5) entitles the victim to compensation and a public apology from the appropriate authority. Nigerian courts have enforced this remedy in cases involving unlawful detention, affirming that the State and its agents can be held accountable.
These constitutional provisions, read together with the ACJA 2015 and related statutes, form a comprehensive shield for suspects. Knowledge and enforcement of these rights remain essential to prevent abuse and uphold the rule of law. Every person suspected of crime retains the full protection of the Constitution until a court of competent jurisdiction determines otherwise.