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Unlawful Arrest: Police misuse of power?


This is Nigeria where innocent citizens are rounded up and detained against their will for no reason at all by the police because they believe they have the power to do so and can get away with it. I bring to you good news, that power isnt unlimited You have the right to personal liberty as contained in Section 35 of the constitution of the federal republic of Nigeria (CFFRN) and this is clear infringement on ur constitutional right and you can challenge It. According to the provision of section 35(6) of the constitution of the federal republic of Nigeria ,you are entitled to compensation And public apology from the police force if u are unlawfully arrested.

The police has the power to arrest with and without warrant . Power to arrest without warrant has been abused over and over again and rights of citizens have been trampled upon but then this power to arrest without warrant is not unlimited .Accoeding to Section 24 of the police Act ,there are certain grounds which enables policemen to arrest a person without providing a warrant;

  • If the crime is committed in his (the policeman) presence
  • If he reasonably suspects that the person has committed a crime or is about to commit a crime;

The common test of whether a suspicion is reasonable is the test of a reasonable man. According to the Supreme Court In BUHARI V INEC(2008) a reasonable man is a man with or who possesses a good, reasonable faculty who acts sensibly, takes proper but not excessive precautions, does things without serious delay and weighs matters carefully but not over specifically.

That is, to determine the reasonableness of a suspicion, a reasonable man should be able to consider the circumstances and come to the same conclusion as the police officer that the suspect deserves to be arrested

The reasonableness of suspicion is determined objectively.

  • if this suspicion proves to be false, you must be released at once
  • if a third party accused the suspect of having committed a crime or
  • if a third party suspects that the suspect is about to commit a crime or 
  • if the third party accuses the suspect of having committed a simple offence and he is willing to follow the police officer to the station to press charges

If you are arrested in the absence of these stated grounds, you have been unlawfully arrested and you will be entitled to compensation and public apology according to section 35(6) of the CFRN 

It will also be unlawful if you are arrested without warrant and the warrant is not shown ito you as soon as practicable after the arrest 

Unlawful arrest is an infringement on ur right to personal liberty , challenge the breach of your constitutional right!! Do not cower in fear and pay tyrants posing as police officers in order to get released!!

You can call your lawyer or report such police officer to PUBLIC COMPLAINT RAPID RESPONSE UNIT (08057000001)

I KNOW MY RIGHT, I AM ENTITLED TO COMPENSATION AND PUBLIC APOLOGY IF MY RIGHT IS INFRINGED UPON!!