THE RIGHTS OF AN ARRESTED PERSON IN POLICE CUSTODY

In Nigeria, the legal rights of an accused in police detention are protected under various laws and constitutional provisions to ensure fairness, prevent abuse, and safeguard the dignity of individuals. These rights are crucial in the justice system and serve to prevent arbitrary detention and ensure that due process is followed. In this post we picked the 5 most basic rights to discuss briefly for our readers.

 1. Right to be Informed of the Reasons for Arrest: The accused is entitled to be informed of the reason for his arrest by the Police as provided under Section 35(3) of the 1999 Constitution of Nigeria, in a language they understand, and the charges against him. This ensures transparency and allows the accused to prepare an appropriate legal defense.

 2. Right to Legal Representation: This right is the most important of all rights. Section 36(6)(c) of the Constitution guarantees the right of an accused person to consult with and be defended by a legal practitioner of his choice. If the accused cannot afford legal representation, legal aid services may be provided by the Legal Aid Council of Nigeria to ensure that they have access to fair trial as contained under the laws. 

 3. Right to Remain Silent: The Nigerian Constitution provides the accused the right to remain silent or avoid making statements that could incriminate them. This right protects individuals from being coerced or tricked into self-incrimination during police interrogation. 

 4. Right to be Brought Before a Court Promptly: Under Section 35(4) of the Constitution, an accused must be arraigned before a court of competent jurisdiction within a reasonable time. This is typically within 24 to 48 hours, depending on whether there is a court within 48 Kilometer radius. If this requirement is not met, the detention becomes unlawful, and the accused has the right to seek their release by applying to a competent court for his bail.

 5. Right to Bail: Bail is a constitutional right. Section 35(4) also provides that an accused person is entitled to be released on bail, pending trial, except in capital offenses like murder or treason, where bail may be denied. This is meant to ensure that individuals are not unjustly held in prolonged detention before their trial is concluded. 

CONCLUSION

In conclusion, while the law provides robust protections for the rights of an accused in police custody, challenges in abiding by the law due to factors like police misconduct, overcrowded cells, and delays in the administration of justice. However, these legal frameworks aim to uphold justice and protect individuals from wrongful detention or abuse during the criminal process.

ABDULWAHAB DAHIRU Esq.