An encounter with the police can be intimidating, particularly when a suspect is unaware of the rights guaranteed by law.
Many Nigerians, out of ignorance, fear, or misinformation, may surrender their basic rights during arrest or detention.
However, an arrest does not strip a person of their constitutional protections.
Section 35(2) of the 1999 Constitution of the Federal Republic of Nigeria (as amended) provides that a person who is arrested or detained has the right to remain silent or answer questions only after consulting a legal practitioner or any other person of their choice.
While people should know and assert their rights, they should avoid unnecessary confrontation. Resisting arrest is itself an offence, the police spokesperson, DSP Ayanlade Olayinka warned, and any physical force used during an arrest must not amount to assault or battery.
