CHIMEREMEZE DAVID NWACHUKWU, LL.B

3rd July, 2023 : 9;16am

Introduction:

In Nigeria today, where concerns about police abuse and arbitrary arrests persist, it becomes increasingly important for every citizen to be well-informed about their fundamental rights. The #EndSARS movement, which gained significant momentum in October 2020, demonstrated the urgent need for police reform and highlighted the importance of citizens' awareness of their rights. To be arrested can be distressing and disorienting, but understanding your rights empowers you to navigate the process with confidence and safeguards against potential abuse of power.  This article aims to educate and empower Nigerians about their rights upon arrest, drawing upon relevant provisions in the Constitution of the Federal Republic of Nigeria 1999. We will explore these rights in an educative and relaxed tone, using numerous examples to help readers appreciate the points better. The Constitution of the Federal Republic of Nigeria 1999 serves as the fundamental legal document that guarantees the rights and freedoms of every Nigerian citizen. We will identify provisions of the Constitution that relate to arrest situations and examine how they can be wielded as tools to protect yourself and assert your rights effectively. By examining Section 33, which guarantees the right to life and personal liberty, Section 34 which safeguards against torture and inhuman treatment, Section 35 which protects against arbitrary arrest and detention, and finally Sections 36 and 40, which ensure fair trial and freedom of expression, we will navigate through the legal framework designed to secure the rights of individuals in Nigeria.

However, it is important to remember that while the Constitution guarantees these fundamental rights, they are not without limitations. Section 45 of the Constitution outlines the circumstances under which these rights can be reasonably restricted in the interest of defense, public safety, public order, public morality, or for the purpose of protecting the rights and freedoms of others. Striking a balance between individual rights and societal interests is crucial for the harmonious functioning of a democratic society. Understanding your rights is not about fostering animosity or confrontation with law enforcement agencies, but about creating a society where justice, fairness, and respect for human rights prevail.

Let's look at these rights.....

Section 33: Right to Life and Personal Liberty:

Section 33 of the Nigerian Constitution establishes the idea of respect of the right to life and personal liberty. It is a foundational provision that emphasizes the fundamental importance of these rights in the Nigerian legal framework. According to this section, no one shall be deprived of their right to life and personal liberty except in accordance with due process of law.

The right to life is the most fundamental of all human rights. It recognizes the inherent worth and dignity of every Nigerian citizen, affirming their entitlement to exist and enjoy their life without arbitrary deprivation. This right extends to all aspects of an individual's life, encompassing not only physical existence but also the right to personal security, well-being, and the pursuit of happiness.

Within the context of arrest situations, the right to life serves as a shield against any disproportionate use of force or violence. It obligates law enforcement officers to exercise restraint, ensuring they do not infringe upon the sanctity of life while carrying out their duties. This means that arrests should be conducted in a manner that minimizes the risk of harm or injury, preserving the safety and well-being of both the arrested individual and the officers involved.

Let's illustrate the significance of the right to life with an example: Imagine a peaceful protest taking place in a city, where citizens gather to express their concerns about a pressing social issue. The protesters have a legitimate right to voice their opinions and peacefully assemble, as guaranteed by the Constitution. However, as tensions rise, law enforcement authorities intervene to disperse the crowd. In this situation, it is crucial for the officers to exercise restraint, using proportionate force and ensuring that the right to life of each protester is respected. Any use of excessive force or violence that jeopardizes the safety and lives of the protesters would constitute a violation of their right to life.

Accompanying the right to life is the right to personal liberty. Personal liberty is the cornerstone of a free and democratic society. This right protects individuals from arbitrary arrest, detention, or restraint. When a person is arrested, it is important to remember that they retain certain rights and entitlements. Law enforcement officers must have reasonable grounds to believe that an offense has been committed, and they must provide a valid reason for the arrest.

In our scenario, as the protest unfolds, imagine that a participant is identified as a key organizer and is subsequently arrested by the police. The arrested individual has the right to be informed promptly of the reasons for their arrest. This ensures transparency and accountability, preventing arbitrary actions by law enforcement agencies. The police officers should clearly communicate the offense the individual is being accused of committing, allowing them to understand the basis of their arrest.

Section 34: Protection Against Torture and Inhuman Treatment:

Section 34 of the Constitution prohibits the use of torture, cruel, inhuman, or degrading treatment. Regardless of the circumstances, no law enforcement officer has the right to subject you to physical or psychological torture.

Psychological torture is a grave violation of human rights, inflicting severe mental and emotional suffering on individuals. It aims to break the spirit and resilience of the victims, leaving lasting psychological scars. This form of torture can take various forms, including threats, humiliation, sensory deprivation, prolonged isolation, sleep deprivation, and psychological manipulation. The effects of psychological torture can be long-lasting and deeply traumatic, impacting an individual's mental well-being, self-esteem, and ability to function.

The prohibition of torture, including psychological torture, is firmly established in both international and domestic legal frameworks. International instruments such as the United Nations Convention Against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment (UNCAT) explicitly prohibit torture and require states to prevent, investigate, and punish its use. Nigeria is a party to the UNCAT, affirming its commitment to uphold these standards. Domestically, Section 34 of the Nigerian Constitution safeguards individuals against torture and inhuman or degrading treatment. This provision reflects the nation's commitment to protect the dignity and worth of every Nigerian citizen. It obligates the state and its agents to respect and uphold these rights, ensuring that individuals are treated with dignity and spared from any form of mistreatment.

In addition to psychological torture, Section 34 also protects individuals from inhuman and degrading treatment. While these terms may seem similar, they have distinct meanings. Inhuman treatment refers to acts that cause extreme physical or mental suffering, surpassing the threshold of what is considered acceptable in civilized societies. Degrading treatment, on the other hand, involves acts that humiliate or demean individuals, eroding their dignity and self-worth.

Real-life examples of inhuman and degrading treatment can be found in various contexts. These include instances of police brutality, unlawful detention, harsh prison conditions, and abusive treatment by authorities. 

To combat torture and inhuman treatment, civil society organizations play a crucial role. They work tirelessly to raise awareness, advocate for the eradication of torture, and support victims in their journey towards justice and healing. These organizations provide legal assistance, psychological support, and rehabilitation services to survivors of torture, ensuring that their voices are heard, and their rights are upheld

If you believe you are being subjected to psychological torture or experiencing inhuman or degrading treatment, it is important to document the incident, seek legal assistance, and report the matter to the appropriate authorities. Documentation, including photographs, videos, and testimonies, can serve as crucial evidence in holding perpetrators accountable. Legal assistance can guide you through the process of seeking justice, while reporting the matter raises awareness and prompts investigations.

Section 35: Protection Against Arbitrary Arrest and Detention:

Section 35 of the Constitution safeguards against arbitrary arrest and detention. It stipulates that any person who is arrested must be informed, within 24 hours, of the reasons for their arrest and be brought before a court of law within a reasonable time. It is important to remember that you have the right to remain silent and to consult with a lawyer during your arrest and detention. Exercise these rights responsibly and calmly to protect yourself.

Arbitrary arrest and detention are serious violations of human rights, undermining the principles of justice and fairness. Section 35 protects individuals from such abuses by ensuring that arrests are based on reasonable grounds and conducted with transparency. When arrested, you have the right to be informed promptly of the reasons for your arrest. This is crucial to prevent arbitrary actions by law enforcement agencies and allows you to understand the basis for your detention.

Remaining silent and seeking legal counsel are fundamental rights that protect your interests during the arrest and detention process. You have the right to refrain from making self-incriminating statements or answering questions without the presence of a lawyer. This helps safeguard your defense and prevents any potential misuse of your words. It is advisable to exercise this right responsibly, calmly, and without hostility towards law enforcement officers.

Prompt access to a court of law is another critical aspect of Section 35. It ensures that you are not subjected to prolonged periods of detention without due process. Being brought before a court within a reasonable time allows for judicial oversight of your case, ensuring that your rights are protected and that your innocence or guilt is determined through a fair and impartial process.

Let's consider an example to illustrate the importance of these rights: Imagine you are walking home from work one evening when law enforcement officers stop you and arrest you on suspicion of theft. They take you to the police station and inform you of the reason for your arrest. At this point, it is important to remain calm and exercise your right to remain silent. You can politely inform the officers that you wish to consult with a lawyer before making any statements. By asserting this right, you protect yourself from potential self-incrimination and allow your lawyer to guide you through the process. Within 24 hours, the police must bring you before a court, where you can present your case and assert your innocence.

In situations where your rights are violated during an arrest or detention, it is crucial to document the incident, seek legal assistance, and report the matter to the appropriate authorities. Documenting the incident, such as noting down details, capturing photographs or videos, and collecting any available evidence, can help support your case and hold the responsible parties accountable. Seeking legal assistance ensures that you have professional guidance throughout the legal process, safeguarding your rights and interests. Reporting the matter helps raise awareness and prompts investigations into potential misconduct or abuse.

Section 36: Fair Trial Rights:

Section 36 of the Constitution guarantees fair trial rights, including the presumption of innocence, the right to legal representation, and the right to a speedy and public trial. If you are arrested, ensure that you are promptly brought before a court, where you can present your case and defend your innocence. Seek legal advice to navigate the legal proceedings effectively and exercise your fair trial rights fully.

The presumption of innocence is a fundamental principle in criminal proceedings. It means that you are considered innocent until proven guilty beyond a reasonable doubt. This presumption protects your reputation and ensures that you are not subjected to undue prejudice or discrimination based solely on an accusation. It is the responsibility of the prosecution to present evidence to establish your guilt, and you have the right to challenge that evidence and present a defense.

The right to legal representation ensures that you have access to qualified legal counsel throughout your arrest and trial processes. Engaging a competent lawyer who specializes in criminal law can provide you with invaluable advice, support, and representation. Your lawyer will help you understand the charges against you, advise you on the best course of action, and protect your rights and interests throughout the legal proceedings.

The right to a speedy and public trial is essential to prevent prolonged proceedings and ensure timely justice. A speedy trial protects individuals from undue delay, minimizing the negative impact of prolonged detention on their lives. It also promotes transparency and accountability by allowing the public to observe the proceedings, ensuring that justice is not only done but is seen to be done.

To exercise your fair trial rights effectively, it is crucial to seek legal representation as soon as possible after your arrest. Consult with a lawyer who can guide you through the legal process, inform you about your rights, and help you build a strong defense. Your lawyer will advocate for your interests, challenge any violations of your rights, and ensure that your trial proceeds fairly and efficiently.

Conclusion:

As a Nigerian citizen, it is essential to be aware of your rights upon arrest and detention. By familiarizing yourself with the provisions outlined in the Constitution of the Federal Republic of Nigeria 1999, particularly Sections 33, 34, 35, and 36, you equip yourself with the knowledge to protect your personal liberty, dignity, and fair treatment. Remember to exercise these rights responsibly and calmly, always seeking legal advice when needed.

While these rights serve as essential safeguards, it is crucial to recognize that they are not absolute. Section 45 of the Constitution outlines the circumstances under which these rights can be reasonably restricted. However, any limitations on these rights must be justifiable, reasonable, and within the bounds of the law. The delicate balance between individual rights and societal interests must be maintained, ensuring that any restrictions placed are proportionate and respectful of human rights.

By empowering ourselves with knowledge and understanding, we contribute to the creation of a society where justice, fairness, and respect for human rights prevail. Together, we can foster an environment where law enforcement agencies and citizens work collaboratively, promoting mutual respect and accountability.

N/B: Please note that this information is not a comprehensive overview of the topic and one would need tailored advice from a legal professional in respect to their particular situation. You may reach out to a qualified legal practitioner close to you.