Introduction
The power of arrest is one of the most significant powers conferred upon law enforcement agencies in Nigeria. Although many people believe that a person can only be arrested upon the issuance of a court warrant, Nigerian law recognizes several circumstances in which an arrest may lawfully be effected without one. This power is intended to facilitate the prevention, investigation, and prosecution of criminal offences. However, it is not absolute and must be exercised strictly within the limits prescribed by the Constitution and other applicable laws.
The Constitution of the Federal Republic of Nigeria, 1999 (as amended), the Administration of Criminal Justice Act, 2015 (ACJA), the Nigeria Police Act, 2020, and judicial decisions collectively regulate the exercise of this power while safeguarding the fundamental rights of every individual.
This article examines the legal framework governing arrest without a warrant in Nigeria, the circumstances under which such arrests are permitted, and the constitutional rights available to every person upon arrest.
What Is an Arrest Without a Warrant?
An arrest without a warrant is the lawful apprehension of a person by a police officer or any other person authorized by law without first obtaining an arrest warrant from a court.
Unlike an arrest made pursuant to a judicial warrant, a warrantless arrest is justified only where the law expressly authorizes it. Consequently, the power must be exercised reasonably, in good faith, and only in situations recognized by law.
Constitutional Basis
Section 35(1)(c) of the Constitution of the Federal Republic of Nigeria, 1999 (as amended) provides that a person's right to personal liberty may lawfully be restricted where there is reasonable suspicion that the person has committed a criminal offence or where such restriction is reasonably necessary to prevent the commission of an offence.
Accordingly, while the Constitution guarantees personal liberty, it equally recognizes that public safety and the administration of criminal justice may justify lawful arrest under clearly defined circumstances.
Statutory Authority for Arrest Without a Warrant
The Administration of Criminal Justice Act, 2015 and the Nigeria Police Act, 2020 empower police officers to arrest without a warrant in specified circumstances.
Section 18 of the Administration of Criminal Justice Act, 2015 authorizes a police officer to arrest a person without a warrant where the law permits such arrest, while Section 32 of the Nigeria Police Act, 2020 preserves the powers of police officers to arrest with or without a warrant in accordance with applicable laws.
Circumstances Where Arrest Without a Warrant Is Permitted
A police officer Permittedr may lawfully arrest without a warrant in any of the following situations:
1. Where an Offence Is Committed in the Presence of a Police Officer
A police officer may immediately arrest any person who commits an offence in his or her presence. This is one of the clearest instances in which judicial authorization is unnecessary because the officer personally witnesses the commission of the offence.
2. Where There Is Reasonable Suspicion of the Commission of an Offence
A police officer may arrest a person whom he reasonably suspects of having committed an indictable offence.
However, reasonable suspicion must be based on objective facts and credible information. Mere speculation, rumours, personal dislike, or arbitrary assumptions cannot justify an arrest.
3. Possession of Property Reasonably Suspected to Be Stolen
Where a person is reasonably suspected of possessing stolen property or property unlawfully obtained, the police may arrest such person without first obtaining a warrant.
4. Obstructing a Police Officer in the Execution of Lawful Duty
A person who unlawfully obstructs, resists, or assaults a police officer in the lawful execution of official duties may be arrested immediately without a warrant.
5. Escape from Lawful Custody
A person reasonably suspected of escaping or attempting to escape from lawful custody may be arrested without judicial authorization.
6. Prevention of the Commission of an Offence
Where immediate intervention is reasonably necessary to prevent the commission of a criminal offence or to preserve public peace, the police may lawfully arrest a suspect without first obtaining a warrant from a court.
Citizen's Arrest
The law also recognizes the power of private individuals to effect arrests in limited circumstances.
Sections 20 to 23 of the Administration of Criminal Justice Act, 2015 permit a private person to arrest an individual who commits an indictable offence in his presence or whom he reasonably suspects of committing such an offence.
A person making such an arrest must, without unnecessary delay, hand the suspect over to the nearest police officer or police station.
Limitations on Police Powers
The power of arrest must always be exercised lawfully, reasonably, and proportionately. Consequently, the police cannot lawfully:
- Arrest a person merely because he or she is related to a suspect;
- Arrest or detain an individual solely for the recovery of a civil debt;
- Arrest a spouse, parent, sibling, child, employee, or friend in place of a suspect;
- Detain a suspect indefinitely without arraignment before a competent court;
- Subject any suspect to torture, intimidation, or degrading treatment.
Any such conduct constitutes an abuse of police powers and may amount to a violation of constitutional rights.
Arrest by Proxy Is Illegal
One of the most common unlawful practices historically associated with law enforcement in Nigeria is the arrest of relatives, friends, or associates of a suspect as a means of compelling the suspect to surrender.
This practice, commonly known as arrest by proxy, is expressly prohibited by Section 7 of the Administration of Criminal Justice Act, 2015, which provides that:«"A person shall not be arrested in place of a suspect."»
This statutory provision reinforces the constitutional guarantee of personal liberty and protects innocent persons from arbitrary arrest.
Rights of an Arrested Person
Every person arrested in Nigeria enjoys constitutional and statutory protections.
Right to Be Informed of the Reason for Arrest
Section 35(3) of the Constitution requires that every arrested person be informed promptly, in a language he or she understands, of the facts and grounds for the arrest.
Right to Remain Silent
Section 35(2) of the Constitution and Section 6 of the Administration of Criminal Justice Act, 2015 guarantee every suspect the right to remain silent and not to make statements capable of incriminating himself or herself.
Right to Legal Representation
Every arrested person has the right to consult and be represented by a legal practitioner of his or her choice without undue delay.
Right to Notify Family or Another Person
The Administration of Criminal Justice Act also entitles an arrested person to notify a family member, friend, or any other person of his or her choice regarding the arrest.
Right Against Torture
Section 34 of the Constitution guarantees the dignity of every human person, while the Anti-Torture Act, 2017 criminalizes torture and other cruel, inhuman, or degrading treatment.
Any confession obtained through torture or oppression may be rejected by the court.
Right to Be Brought Before a Court Within a Reasonable Time
Section 35(4) of the Constitution provides that an arrested person shall be brought before a court:
- Within twenty-four (24) hours where a court is situated within a radius of forty kilometres; or
- Within forty-eight (48) hours or such longer period as may be considered reasonable where no court exists within that distance.
Failure to comply with these constitutional timelines may render the detention unlawful.
Judicial Authorities
The Nigerian courts have consistently emphasized that the power of arrest must be exercised within constitutional and statutory limits.
In Lufadeju v. Johnson (2007) 8 NWLR (Pt. 1037) 535, the Supreme Court reaffirmed that although personal liberty may lawfully be restricted in appropriate circumstances, every arrest and detention must strictly comply with constitutional and statutory requirements.
Similarly, in Fawehinmi v. Inspector-General of Police (2002) 7 NWLR (Pt. 767) 606, the Court recognized the statutory powers of the police to investigate crime and effect arrests but emphasized that such powers must be exercised lawfully and not arbitrarily.
In McLaren v. Jennings (2003) 3 NWLR (Pt. 808) 470, the Court underscored that unlawful arrest or detention constitutes a violation of personal liberty for which the affected person may seek damages.
Remedies for Unlawful Arrest
A person who has been unlawfully arrested or detained may institute proceedings before the High Court under the Fundamental Rights (Enforcement Procedure) Rules, 2009 seeking appropriate reliefs, including:
- A declaration that the arrest or detention was unlawful;
- An order enforcing the person's fundamental rights;
- Monetary compensation and damages;
- Injunctive relief restraining further violations; and
- Any other order the court considers just and equitable.
Practical Guidance
If you are arrested:
- Remain calm and avoid resisting a lawful arrest.
- Politely request the reason for your arrest.
- Ask to contact your lawyer or a trusted family member immediately.
- Do not sign any statement you do not fully understand.
- Where possible, note the names or identification details of the arresting officers.
- Seek legal representation without delay.
How SNATHAP Attorneys Can Assist
At SNATHAP Attorneys, we are committed to protecting the constitutional rights and liberties of our clients. If you or a loved one has been unlawfully arrested, detained without lawful justification, or subjected to police harassment or abuse of power, our experienced legal team is available to provide prompt legal representation, institute fundamental rights enforcement proceedings, seek appropriate compensation, and ensure that justice is pursued through effective legal advocacy.
Conclusion
The power to arrest without a warrant remains an essential tool for effective law enforcement and the administration of criminal justice in Nigeria. However, such power is carefully circumscribed by the Constitution, statutory provisions, and judicial oversight to prevent arbitrary arrests and abuse of authority.
Citizens should therefore understand both the circumstances under which an arrest without a warrant is lawful and the legal remedies available where such powers are exercised unlawfully. Respect for these legal safeguards promotes accountability, strengthens public confidence in the justice system, and upholds the rule of law.
Disclaimer
This article is provided for general informational and educational purposes only and does not constitute legal advice or create a solicitor-client relationship. While every effort has been made to ensure the accuracy of the information at the time of publication, the law may change, and its application depends on the specific facts of each case. Persons requiring legal advice should consult a qualified legal practitioner for advice tailored to their particular circumstances.
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