Police Powers in Nigeria: What the Police Can Legally Do When They Arrest, Search or Investigate You
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The Nigeria Police Force exercises extensive powers to prevent crime, investigate offences, arrest suspects, conduct searches, recover evidence and maintain public order. But police powers are not unlimited.
In Nigeria, the exercise of police powers is controlled by the Constitution, the Nigeria Police Act 2020, the Administration of Criminal Justice Act 2015 and other applicable laws.
The Police Act itself expressly seeks to promote a police service based on accountability, transparency, protection of human rights and fundamental freedoms.
This article explains the principal powers of the police in Nigeria and, importantly, the limits placed on those powers.
Legal disclaimer: This article is provided strictly for information and educational purposes only. It is not intended to constitute, and should not be relied upon as, legal advice. The application of the law depends on the facts of each case, the applicable legislation, judicial decisions and procedural rules.
What Law Gives the Police Their Powers in Nigeria?
The principal legislation governing the Nigeria Police Force is the Nigeria Police Act 2020.
The Act repealed the former Police Act, Cap. P19, Laws of the Federation of Nigeria 2004 and established the modern statutory framework for the Police Force. The Act commenced on 15 September 2020.
Police powers must also be exercised consistently with the Constitution of the Federal Republic of Nigeria 1999, particularly the fundamental rights protected under Chapter IV.
The Administration of Criminal Justice Act 2015 also contains important rules governing arrest, detention, bail and criminal procedure. For example, its provisions concerning notification of the cause of arrest and rights of a suspect complement the safeguards contained in the Police Act.
1. The Police Have a Duty to Investigate Alleged Offences
Section 31 of the Police Act 2020 deals with investigation of an allegation by the Police.
Where an alleged offence is reported to the police, or a person is brought to a police station on an allegation of committing an offence, the police are required to investigate the allegation in accordance with due process and report their findings to the appropriate Attorney-General for legal advice.
This is important because police investigation is not supposed to be a licence for arbitrary harassment.
Investigation should be directed toward determining whether an offence has been committed, who may be responsible and what evidence exists.
The Supreme Court has also emphasised the importance of lawful and responsible police investigation in cases concerning the exercise of police powers. See, for example, Adegboye Ibikunle v. The State.
2. The Police Cannot Arrest Someone Merely Because of a Civil Dispute
Section 32 of the Police Act 2020 provides an important limitation on arrest.
A person should not be arrested merely on account of a civil wrong or breach of contract.
This distinction is extremely important in Nigeria.
A disagreement over:
- repayment of a loan;
- performance of a contract;
- rent;
- supply of goods;
- business transactions;
- partnership accounts; or
- other purely civil obligations
does not automatically become a criminal matter simply because one party reports the other to the police.
However, a transaction that appears civil on its face may also involve a genuine criminal offence. The question is therefore whether the facts disclose an actual offence.
3. How Must a Police Arrest Be Made?
Section 33 of the Police Act provides for the mode of arrest.
The police officer or other person making the arrest must actually touch or confine the body of the suspect unless the suspect submits to custody by words or conduct.
The law therefore recognises both physical arrest and submission to custody.
But the manner of arrest must also comply with the constitutional protections of personal liberty and dignity.
4. Police Cannot Use Unnecessary Restraint
Section 34 of the Police Act prohibits unnecessary restraint.
A suspect or defendant should not ordinarily be handcuffed, bound or subjected to restraint unless:
- there is reasonable apprehension of violence;
- there is an attempt or likelihood of escape;
- restraint is necessary for the safety of the suspect or another person; or
- a court has ordered restraint.
This provision should be read together with section 34 of the Constitution, which protects the dignity of the human person.
The constitutional right to dignity is particularly important where allegations involve torture, degrading treatment or excessive force.
5. A Suspect Must Be Told Why He or She Is Being Arrested
Section 35 of the Police Act requires the police to inform an arrested suspect of the reason for the arrest, subject to the statutory exceptions.
The suspect must also be informed of important rights, including the right to:
- remain silent or avoid answering questions until after consultation with a lawyer or another person of choice;
- consult a legal practitioner before making or endorsing a statement; and
- obtain free legal representation where applicable.
The authority holding the suspect must also notify the suspect’s next-of-kin or relative of the arrest at no cost to the suspect.
These statutory safeguards complement section 35 of the Constitution, which protects the right to personal liberty.
Section 35 of the Constitution also contains important safeguards concerning arrest and detention, including the right of an arrested person to be informed of the facts and grounds for the arrest and to consult a legal practitioner.
6. Arresting Someone in Place of Another Person Is Illegal
Section 36 of the Police Act prohibits arrest in lieu.
A person should not be arrested simply because the police want to compel another person to appear.
For example, if the police are looking for A, they should not ordinarily arrest A’s:
- wife;
- husband;
- brother;
- sister;
- parent;
- child;
- employee; or
- friend
simply to force A to surrender.
The statutory prohibition is an important safeguard against intimidation and arbitrary detention.
7. Arrested Suspects Must Be Treated Humanely
Section 37 of the Police Act requires that an arrested suspect be accorded humane treatment having regard to the person’s right to dignity.
The suspect must not be subjected to torture or cruel, inhuman or degrading treatment.
This corresponds directly with section 34 of the Constitution, which protects the dignity of the human person.
Therefore, police interrogation does not lawfully include:
- torture;
- beating;
- electric shocks;
- degrading treatment;
- deliberate physical abuse;
- threats of unlawful violence; or
- other cruel or inhuman treatment.
The prohibition is not removed merely because the person is suspected of committing a serious offence.
8. When Can the Police Arrest Without a Warrant?
One of the most important provisions is section 38 of the Police Act 2020.
It permits a police officer, without a warrant, to arrest a suspect in specified circumstances, including where the officer reasonably suspects that the person has committed an offence, where an offence is committed in the officer’s presence, where the person obstructs a police officer in the execution of duty, or in other circumstances expressly provided by the section.
The power is therefore statutory, not unlimited.
The officer must fall within the circumstances recognised by the law.
The mere fact that a police officer wants to ask someone questions does not automatically mean that the person may lawfully be arrested.
The Administration of Criminal Justice Act also contains provisions governing arrest without warrant, including section 18.
9. Can a Private Person Arrest Someone?
Yes, in limited circumstances.
Section 39 of the Police Act permits a private person to arrest a suspect in specified circumstances, including where the suspect commits an offence in the person’s presence or is reasonably suspected of having committed an offence for which the police may arrest without warrant.
But a private person who makes an arrest does not thereby acquire the general powers of the police.
The arrested person must be handed over to the police in accordance with section 40.
10. What Happens After a Private Person Makes an Arrest?
Section 40 requires a private person who arrests a suspect to hand the suspect over to a police officer immediately or, where no police officer is available, take the suspect to the nearest police station.
The police must then determine whether there is sufficient reason for the continued arrest.
This prevents private individuals from turning an arrest power into private detention.
11. The Police Must Take an Arrested Person to a Police Station Promptly
Section 43 provides that an arrested suspect must be taken immediately to a police station or another place authorised for receiving suspects.
The suspect must also be informed promptly of the allegation in a language he or she understands.
The person in custody must be given reasonable facilities for:
- obtaining legal advice;
- communicating for purposes of arranging bail;
- preparing a defence; and
- securing release where appropriate.
This is particularly important when considered alongside section 35 of the Constitution.
12. The Police Must Keep Records of Arrests
The Police Act contains detailed requirements concerning recording and reporting arrests.
Section 44 deals with the recording of arrests, while section 47 requires periodic reporting of arrests to the appropriate Attorney-General.
These provisions are designed to improve accountability and make it more difficult for arrests and detention to disappear from official records.
The Act also establishes mechanisms for maintaining records and databases of arrests.
13. Police Searches Are Subject to Legal Limits
Police officers possess statutory search powers, but the existence of a search power does not mean that every search is lawful.
Section 48 deals with the power to search, while sections 49–52 deal with stop-and-search and searches of persons and arrested suspects.
A police officer may exercise stop-and-search powers in places accessible to the public in the circumstances permitted by law.
The officer must, however, have the statutory basis required for the particular search.
14. What Must a Police Officer Do Before a Stop-and-Search?
Section 50 imposes safeguards before a search takes place.
The police officer may be required to question the person about the circumstances giving rise to the suspicion.
Before conducting the search, the officer must also identify himself or herself, identify the police station, explain the object of the search and state the grounds or authorisation for the search.
For stop-and-search powers, the officer must be in uniform or visibly display a valid police identity card.
These safeguards are significant because they reduce arbitrary searches.
15. How Must a Police Search Be Conducted?
Section 51 requires reasonable efforts to minimise embarrassment and requires the cooperation of the person being searched to be sought.
A forcible search should be used only as a last resort where the person is unwilling to cooperate or resists.
Public searches should generally be restricted to superficial examination of outer clothing.
A more intrusive search must comply with the safeguards prescribed by law, including requirements concerning privacy and the sex of the officer conducting the search.
16. The Police Cannot Base Reasonable Suspicion on Stereotypes
Section 54 of the Police Act is particularly important.
Certain personal characteristics are expressly excluded as grounds for reasonable suspicion, including characteristics such as:
- colour;
- age;
- hairstyle;
- manner of dress; and
- stereotyped assumptions about particular persons or groups.
The section therefore places an important legal limit on discriminatory policing.
17. Searches Must Respect Constitutional Privacy
Police search powers must also be considered against section 37 of the Constitution, which protects the privacy of citizens, their homes, correspondence, telephone conversations and telegraphic communications.
A search of private premises, electronic communications or other private material may therefore involve both statutory search powers and constitutional privacy rights.
The legality of a search depends on the precise statutory power being exercised, the circumstances and the applicable safeguards.
18. When Can the Police Search an Arrested Person?
Section 52 permits the police to search an arrested suspect in circumstances recognised by the Act.
The power may be exercised where there are reasonable grounds to believe that the suspect may present a danger, may escape, or may possess evidence relating to an offence.
Even after bail has been granted, the statutory requirements governing any further search must be respected.
19. Can the Police Enter a House to Arrest Someone?
Section 55 addresses entry into a house or place where a suspect sought for arrest is believed to have entered.
The provision permits entry in specified circumstances and allows reasonable force to be used to gain entry where the statutory requirements have been satisfied.
The power should not be confused with an unlimited power to break into private homes.
The constitutional right to privacy under section 37 remains relevant.
20. Search Warrants Have Safeguards
Sections 58 and 59 of the Police Act contain safeguards concerning search warrants and their execution.
An application for a search warrant must comply with statutory requirements, including stating the grounds for the application and identifying the premises and, where practicable, the person or article to be searched.
The purpose is to ensure that search warrants are based on lawful authority rather than being used as unrestricted investigative tools.
21. A Suspect Has Important Rights When Making a Statement
Section 60 deals with the recording of a suspect’s statement.
Where a suspect wishes to make a statement, the statement may be taken in the presence of:
- a legal practitioner of the suspect’s choice;
- an officer of the Legal Aid Council where applicable;
- an official of a civil society organisation;
- a Justice of the Peace; or
- another person chosen by the suspect,
subject to the statutory requirements.
The provision is particularly important in criminal investigations because a suspect should not be compelled to incriminate himself through unlawful methods.
It also complements the constitutional safeguards concerning personal liberty and fair treatment.
22. What If the Suspect Does Not Understand English?
Section 60 also contains safeguards for suspects who do not understand, speak or write English.
An interpreter may be required to record and read the statement back to the suspect in a language the suspect understands, after which the statutory endorsement requirements apply.
This is important in a multilingual country such as Nigeria.
A suspect’s inability to understand English should not automatically prevent the suspect from understanding the statement attributed to him.
23. Police Bail Is Recognised by the Police Act
Section 62 deals specifically with the release on bail of a suspect arrested without warrant.
For a non-capital offence, where the statutory conditions are satisfied and it is not practicable to bring the suspect before a competent court within the prescribed period, the officer in charge of the police station is required to inquire into the case and release the suspect on bail subject to the statutory requirements.
This provision should be read alongside the constitutional right to personal liberty and the applicable criminal-procedure legislation.
24. Police May Release a Suspect Before a Charge Is Accepted
Section 63 permits the police, where an investigation cannot be completed immediately, to release a suspect on recognisance to return to the police station at specified times unless the suspect is notified that attendance is no longer required.
This is another statutory mechanism designed to prevent unnecessary detention while an investigation continues.
25. There Is a Remedy Where a Suspect Remains Detained
Section 64 provides a remedy where a suspect detained in respect of a non-capital offence is not released on bail after the statutory period.
A court with jurisdiction may be notified and may order the production of the suspect, inquire into the circumstances of the detention and, where appropriate, admit the suspect to bail.
This provision is particularly important when detention continues without charge or adequate justification.
26. The Constitution Protects Against Arbitrary Detention
The most important constitutional provision in this area is section 35 of the Constitution — Right to Personal Liberty.
The constitutional guarantee means that deprivation of liberty must fall within one of the constitutionally recognised circumstances and must comply with lawful procedure.
Consequently, an arrest may be unlawful even where the person making the arrest is a police officer.
The question is not simply:
“Was the person arrested by the police?”
The proper questions include:
- What legal power authorised the arrest?
- Did the facts fall within that power?
- Were the statutory safeguards observed?
- Was the detention lawful?
- Was the suspect informed of the reason for the arrest?
- Was the suspect given access to legal assistance?
- Was the person released or brought before a court within the period required by law?
27. The Right to Life Also Restrains Police Use of Force
Police officers may sometimes have to use force in the lawful execution of their duties.
But the use of force is subject to legal limits.
Section 33 of the Constitution protects the right to life and recognises only carefully defined circumstances in which the use of force resulting in death will not constitute a deprivation of life contrary to the Constitution.
The Supreme Court’s decision in Adegboye Ibikunle v. The State illustrates the importance of the requirement that force used in connection with an arrest must be lawful and reasonably necessary in the circumstances.
A police officer does not have a licence to become investigator, judge and executioner.
28. Police Conduct Must Respect Human Dignity
The constitutional protection of dignity under section 34 is particularly relevant to:
- torture;
- police brutality;
- degrading treatment;
- custodial abuse;
- excessive restraint; and
- humiliating treatment of suspects.
Section 37 of the Police Act expressly requires humane treatment and prohibits torture and cruel, inhuman or degrading treatment.
Thus, the statutory rule and the constitutional right reinforce one another.
29. Police Searches May Raise Constitutional Privacy Issues
Section 37 of the Constitution protects privacy and family life, including privacy of the home and communications.
This becomes increasingly important where police investigations involve:
- mobile phones;
- computers;
- electronic communications;
- social-media accounts;
- private correspondence;
- homes;
- personal documents; or
- other private information.
The Police Act provides statutory search powers, but those powers must be exercised consistently with applicable constitutional and statutory safeguards.
30. Freedom of Movement May Also Be Relevant
Police operations sometimes involve roadblocks, checkpoints, stop-and-search operations or restrictions affecting movement.
Section 41 of the Constitution protects freedom of movement, subject to the constitutional limitations.
Police powers affecting movement must therefore be exercised under lawful authority and within the limits recognised by the Constitution.
31. What About Fair Hearing?
Police investigation is not itself a trial.
The determination of criminal guilt belongs to a competent court.
The constitutional guarantee of fair hearing under section 36 of the Constitution becomes especially important once criminal proceedings are before a court.
It protects the accused person’s right to a fair hearing within a reasonable time and includes important guarantees in criminal proceedings.
NLC’s case law collection contains extensive authorities on the meaning and application of section 36.
Police investigation should therefore not be confused with judicial determination of guilt.
32. Fundamental Rights Can Be Enforced in Court
Where police action violates a constitutionally protected fundamental right, the Constitution provides a mechanism for seeking judicial redress.
Section 46 of the Constitution provides for enforcement of the rights contained in Chapter IV.
The jurisdiction is a special constitutional jurisdiction, and NLC’s research collection recognises that section 46 proceedings are distinct from ordinary supervisory jurisdiction and judicial review.
Depending on the circumstances, remedies may include declarations, orders for release, injunctions, compensation and other appropriate relief.
The applicable Fundamental Rights (Enforcement Procedure) Rules must also be considered.
33. Can the Police Invite You for Questioning?
A police invitation is not necessarily the same thing as an arrest.
A person may be invited to assist an investigation or answer questions.
However, an “invitation” should not be used as a disguised form of unlawful detention.
If the person is effectively deprived of liberty, the constitutional and statutory rules governing arrest and detention become relevant.
A person receiving a police invitation should therefore establish:
- the police station or unit involved;
- the officer making the request;
- the subject of the investigation;
- whether attendance is voluntary;
- whether the person is expected to make a statement; and
- whether legal representation is appropriate.
34. Can the Police Force Someone to Sign a Statement?
A suspect has important statutory protections concerning the making and recording of statements.
Section 60 of the Police Act recognises the right of a suspect who wishes to make a statement to do so in the presence of a lawyer or another permitted person.
A suspect should therefore not be subjected to torture, intimidation or unlawful coercion to obtain a statement.
Where there is a dispute about how a statement was obtained, the circumstances surrounding its making may become legally important.
35. Can the Police Keep Someone Indefinitely?
No.
Police detention is subject to constitutional and statutory limitations.
Section 35 of the Constitution provides safeguards concerning arrest and detention, while the Police Act contains specific provisions dealing with bail and remedies for detention.
Sections 62–64 of the Police Act are particularly important.
The Constitution also requires an arrested or detained person to be brought before a court within the constitutionally prescribed period in circumstances covered by section 35.
The exact calculation may depend on the circumstances and applicable law, including whether there is a court within a reasonable distance.
36. Police Powers Must Be Exercised for Lawful Purposes
A police power should not be used for a purpose unrelated to the legal purpose for which the power exists.
For example, arrest powers should not ordinarily be converted into tools for:
- collecting private debts;
- settling business disputes;
- intimidating opponents;
- forcing contractual performance;
- punishing political disagreement; or
- obtaining private advantage.
The legality of police action depends on the source of the power, the facts giving rise to its exercise and whether the statutory and constitutional safeguards were followed.
37. What Should You Do If You Are Arrested?
If you are arrested, practical steps include:
1. Remain calm
Do not physically resist a lawful arrest.
2. Ask why you are being arrested
Section 35 of the Police Act requires notification of the cause of arrest, subject to statutory exceptions.
3. Ask to contact a lawyer
The Police Act recognises the suspect’s right to consult a legal practitioner.
4. Do not sign documents you do not understand
Ask for an explanation and, where appropriate, legal advice.
5. Do not make unnecessary admissions
You are entitled to remain silent in accordance with the law.
6. Record important details
Where possible, note:
- the name of the police station;
- names or identification numbers of officers;
- time of arrest;
- place of arrest;
- reason given for arrest; and
- persons who witnessed the arrest.
7. Contact a relative or trusted person
The Police Act contains a specific safeguard requiring notification of a next-of-kin or relative.
8. Seek bail where legally available
For eligible offences, police or court bail may be available.
9. Challenge unlawful detention
Where detention becomes unlawful, appropriate legal remedies may be pursued.
38. What Can a Lawyer Do After a Client Is Arrested?
A lawyer representing an arrested suspect should consider:
- identifying the legal basis of the arrest;
- determining whether the offence is one for which warrantless arrest is permitted;
- confirming the time and place of arrest;
- determining whether the client has been informed of the allegation;
- ensuring access to the client;
- advising on whether a statement should be made;
- ensuring that statutory safeguards governing statements are observed;
- considering police bail;
- considering court bail;
- challenging unlawful detention;
- preserving evidence of police misconduct; and
- considering a fundamental-rights application where appropriate.
39. Police Powers and the Administration of Criminal Justice Act
The Police Act should not be read in isolation.
The Administration of Criminal Justice Act 2015 contains complementary provisions dealing with arrest, detention, bail and criminal procedure.
For example, section 18 permits arrest without warrant in specified circumstances, while section 6 deals with notification of the cause of arrest and rights of a suspect.
Section 34 of the ACJA also provides for monthly inspection of police stations and other detention facilities by a Chief Magistrate or designated Magistrate. The Magistrate may inspect arrest records and, where appropriate, grant bail.
This is an important accountability mechanism.
40. Police Powers in Nigeria: The Key Legal Framework
For practical research, the principal provisions to examine include:
| Issue | Police Act 2020 | Constitution |
|---|---|---|
| Police investigation | s.31 | — |
| Arrest generally | s.32 | s.35 |
| Mode of arrest | s.33 | s.35 |
| Unnecessary restraint | s.34 | s.34 |
| Reason for arrest / suspect rights | s.35 | s.35 |
| Arrest in lieu | s.36 | s.35 |
| Humane treatment | s.37 | s.34 |
| Arrest without warrant | s.38 | s.35 |
| Private arrest | s.39–40 | — |
| Immediate police-station procedure | s.43 | s.35 |
| Arrest records | s.44, 47 | — |
| Search | s.48–52 | s.37 |
| Reasonable suspicion | s.54 | ss.42, 35, 37 |
| Search of premises | s.55 | s.37 |
| Search warrants | ss.58–59 | s.37 |
| Suspect’s statement | s.60 | ss.34–36 |
| Police bail | s.62–63 | s.35 |
| Remedy for detention | s.64 | s.35, 46 |
| Fundamental-rights enforcement | — | s.46 |
| Freedom of movement | — | s.41 |
| Right to life / use of force | — | s.33 |
| Dignity / torture | s.37 | s.34 |
| Privacy | s.48–59 | s.37 |
The Police Act provisions listed above form the core statutory framework for police powers in Nigeria.
Frequently Asked Questions About Police Powers in Nigeria
Can the police arrest someone without a warrant?
Yes. Section 38 of the Police Act permits warrantless arrest in specified circumstances. The arrest must fall within the statutory conditions.
Can the police arrest someone over a debt?
Not merely because the person owes a civil debt or has breached a contract. Section 32 of the Police Act expressly prohibits arrest merely for a civil wrong or breach of contract.
Can the police arrest a person’s relative instead?
Section 36 prohibits arrest in lieu. A person should not ordinarily be arrested simply as a substitute for another suspect.
Can the police beat a suspect during interrogation?
No. Section 37 prohibits torture and cruel, inhuman or degrading treatment. The constitutional right to dignity under section 34 also applies.
Can the police search my phone?
The legality of a search depends on the circumstances, the statutory authority relied upon and the applicable safeguards. Searches involving private communications and personal information may also raise constitutional privacy issues under section 37.
Does a suspect have a right to a lawyer?
Yes. The Police Act expressly recognises the right of a suspect to consult a legal practitioner and provides safeguards concerning statements.
Can the police detain a suspect indefinitely?
No. Arrest and detention are subject to constitutional and statutory limitations. Sections 62–64 of the Police Act contain important provisions concerning bail and remedies for detention.
Can a person challenge unlawful police detention?
Yes. Depending on the circumstances, constitutional and statutory remedies may be available, including proceedings for enforcement of fundamental rights.
Can the police compel someone to sign a statement?
A suspect’s statement is governed by statutory safeguards under section 60 of the Police Act. A person should not be subjected to torture or unlawful coercion to obtain a statement.
Conclusion
The police have important powers in Nigeria, but those powers are powers conferred by law, not unlimited authority.
The Nigeria Police Act 2020 establishes detailed rules governing investigation, arrest, restraint, search, statements, bail and detention. Those rules operate alongside the constitutional protections of life, dignity, personal liberty, privacy, movement and fundamental-rights enforcement.
The most important principle is that the police must act within the law.
For lawyers and researchers, a proper analysis of police action should therefore begin with the specific provision of the Police Act relied upon, followed by the applicable constitutional provision, the Administration of Criminal Justice legislation, relevant Rules of Court and the decided cases.
For detailed research, consult the Nigeria Police Act 2020, the Constitution of the Federal Republic of Nigeria 1999, the Administration of Criminal Justice Act 2015 and the relevant judgments and legal principles on Nigerian LawCompass.
Legal Disclaimer
This article is provided strictly for information and educational purposes only. It is not intended to constitute, and should not be relied upon as, legal advice. The application of police powers and the rights of a suspect depend on the facts of each case, the applicable legislation, constitutional provisions, judicial decisions and procedural rules. A person involved in an arrest, detention, search or criminal investigation should obtain advice from a qualified legal practitioner based on the particular circumstances.