Demand for an Arrest Warrant
Under the law in Nigeria, arrests are to be made with a warrant, except where a person is being arrested while committing the offence or so soon thereafter. For example, where the person is being pursued shortly after committing the crime. However, where you are not arrested while allegedly committing a crime, ask for an arrest warrant. Arrest carried out without an arrest warrant is illegal.Do Not Consent To A Search
Before we even talk about what to do after you are arrested, it is a good idea to have a clear concept of what you should do if you’re approached by police. First and foremost, it is important to stay calm and stay put, even if you’re innocent. If an officer asks to search you, your belongings, or your space, it is within your rights to politely decline. Police generally only ask for your consent when they do not have the legal right to engage in a search without your consent. Particularly in high-stress situations, it is easy to think that a question might be a demand. But it is really important to keep your cool and remember that if a police officer is asking your permission, he or she needs that permission to search you.Do Not Resist Arrest
If you are put under arrest, whatever the circumstances and whether or not you are innocent, the most important thing to remember is not to fight the officer who is detaining you. Never resist arrest. It could result in a far more serious charge. Resisting arrest could also lead to you getting hurt. Anything that is unfair, unjust, or unlawful about that arrest will have to be determined in court. The moment the police officer says you are under arrest, he or she is indicating that they are going to take you into custody — and if you resist, they are the ones with the weapons, they are the ones with the hand-to-hand combat training and you are likely to get injured. So it does not matter if you are innocent; it does not matter if you are being arrested unfairly; it does not matter if they are deliberately arresting you for something that they know you did not do. Do not resist and that is less legal advice and more survival advice. And be sure to keep your hands visible at all times. Do not reach into your pocket, the glove compartment, etc., unless instructed to do so. The officer may think you are reaching for a weapon and shoot you. Do not approach the officer unless instructed to do so.Once Arrested, Stay Silent, Except To Ask For A Lawyer
Once you have been put under arrest, the best thing you can do is exercise your right to remain silent, with few exceptions. Tell the officer your name if it is asked of you and be honest; falsifying your name is illegal. If you are booked into jail, answer questions about your height and weight, and whether or not you have been incarcerated before. You can ask if you are allowed to make a phone call. And you can (and should) ask to speak to a lawyer. That advice is the same whether you’re innocent or not and whether a crime is something big or something small like the aforementioned (standing in the street during a sidewalk-only protest or accidentally taking a candy bar from a store). There is no ‘technically’, you either committed a crime or you did not. And though you may think your best course of action is to explain your innocence or your mistake, that can make things much worse. Do not just resist the urge to make a formal statement; resist talking at all. The bottom line is, even if you have to wait a long time (possibly overnight) to speak with a lawyer, it is worth it compared with making a statement that could land you a conviction. The best way to make sure that all your rights are protected and that you will get the best advice – even if you did something wrong and you want to take responsibility for it – is to talk to a lawyer.Know That You Can Get A Lawyer, Even If You Do Not Have One
Where a person has been arrested and he has no lawyer and cannot afford one, he is entitled to be provided one by the State. Ask the officers how you can get in touch with a lawyer. If you cannot afford one, let them know that and ask for one to be provided. Many people in Nigeria are eligible for public defender or Legal Aid because hiring a lawyer is very expensive. Being unemployed does mean that you are not eligible for a public defender or services of Legal Aid.Be Careful With Your Trust
Whether you have spoken with your lawyer already or not, you could potentially face pressure from officers to speak to them or even confess. You may be stressed, scared, and tired, but try to keep your wits about you and save your trust for your lawyer. A lot of people have been taught from childhood to view the police as ‘Officer Friendly,’ and we naturally respect them as authority figures. However, although there are many good officers who are serious about finding the right person, there are also bad officers who entrap innocent people. Again, though many of officers go about things the proper way, note that there are some who will go so far as to lie to get you to confess. They may tell you that your friend already confessed and implicated you, even if that is not true. They may also tell you that if you confess, they will help you get a short sentence, without really meaning it. They may tell you that you can go home if you confess, even if they are going to lock you right up. Statements like these are usually false, and you should not trust them.Meet with your Lawyer As Soon As You’re Released
When you are released and have a trial date set, meet with your lawyer as soon as possible so he or she can advise you on what to do next. If there are witnesses, get their names, addresses and phone numbers and contact information and hand it over to your lawyer.Trizon Law Chambers is a commercial law firm that focuses on corporate commercial legal work. Our scope of services are:
- Legal advise in business legal relations/ Corporate governance advisory services/Contract drafting resolution of commercial disputes or misunderstandings.
- We emphasise aiding clients to avoid taking their disputes to court and we start this from the very contracts that clients draft for their business relationships to have clauses that allow for out-of-court dispute resolution.
- Corporate and Business registration, tax filings, regulatory compliance and negotiations.
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Thank you very much Ma for this update, but I have seen a case scenario where a friend of mine was placed under arrest, and then she asked for a warrant. But was declined and told she should respect herself or she would be forced. The police officer was not on uniform but produced a means of identification.
I have a question which is; when an arrest warrant is not produced what do we do and if forced do we have a right to sue the police officer of district he comes from.
Thank you Oluwabunmi for your comment. My advise is that your friend should inform the police officer that since he does not have a warrant of arrest, she will not go with him unless her lawyer accompanies her to the police station. It is not advisable for a person to go a police station alone. A lawyer is best for two reasons, one the law states that a statement at the police station is to be done in the presence of a lawyer and secondly, there is a witness knowledgable in the law which will hopefully deter the police officer(s) from abusing her fundamental human rights.
Hello good morning,it is possible for me to have the address of Foluke Akinmoladun’s e- mail address or contact numbers.Thanks .
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