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Arrest by the police should follow a standard. This is a different case in Nigerian experience. What to do when police arrest you should be a thing you need to know. The Nigerian Police has been on pages of newspaper with all their violation of human rights. The Nigerian police to many is a big nightmare. We will discuss the ways you can escape police brutality with What To Do When Police Arrest you you can get yourself off from of such occurrences.
It is common for the police to arrest a member of the public without investigation which is not really the way to do the job. As this sect is known for this misbehavior it is better that you start now and know all that you will need to do When Police Arrest you.
Below is a guide prepared for our readers digest on how you can manage physical engagement with the police and other law enforcement agents.
What To Do When Police Arrest you, Sounds right?
If Accosted by a Security Agent –
- Do not attempt to run as that may raise suspicion against you.
- Identify yourself.
- Ask to know the reason for the arrest or detention.
- If you are not arrested at the scene of crime, ask to be shown the arrest warrant signed by magistrate or a senior police officer. Any arrest without a duly indorsed warrant is illegal.
- Do not engage the security agent in a heated argument.
- Understand you have the right to remain silent and to ask to see a lawyer.
- Try and memorize the officer’s name, badge number & the patrol vehicle number.
- If they are in mufti, ask the arresting persons to identify themselves.
- If you are assaulted and wounded by the security agent, take photographs of the wounds and request a first aid.
- Try and identify witnesses at the scene of arrest or crime
- Reach out to family, friends and your lawyer at the place of detention.
- Anything you tell the police or security agent can be used against you and could land you in prison.
- Remain silent and do not volunteer any information, ask to make or sign a statement in the presence of your lawyer.
- Understand that you are presumed innocent of crime until the contrary is proven at the court of law.
- If the police or security agent want to conduct a search at your home/office, ask to see the search warrant signed by a magistrate or a senior police officer. Any search conducted without a warrant is illegal.
Involve A Lawyer
- You should only make or sign a statement in the presence of your lawyer.
- Your lawyer may covertly record your interview session with the police to obtain any firsthand evidence of professional malpractice against the police officer.
- Where the offence alleged is not a capital offence (i.e. not punishable with life imprisonment or death), and you have already been detained for more than 48 hours, your lawyer should ask for your unconditional release or demand that you be granted bail.
- Where the police or security agency refuses to grant bail, but rather elect to charged you to court, your lawyer can enter appearance in court and make a written or oral application for you to be granted bail.
- Where the police or security agency refuses to grant bail, refuses to charge you to court and sustains your detention in their custody indefinitely, your lawyer should immediately commence an action for the enforcement of your Fundamental (Human) Rights in court and seek order for your immediate release from detention and restraining order from further arrest; and pray the court for compensatory monetary damages for the assault, battery, unlawful detention, human rights abuse meted against you by the security agency; and also ask for apology.
We prepared this article What To Do When Police Arrest you so that you can acquaint yourself with all the necessary things you need to know on cases that has to do with police arrest in Nigeria.