In the coming days, the govt and police are going to ramp up arbitrary arrests of Nigerians. If you find yourself in this situation, here are some constitutional and legal safeguards to keep in mind. It is useful for asserting yourself and documenting violations for a court case.

1. A criminal case will be dismissed if the applicable rules are not followed by the police. The Constitution states that you can only be deprived of your liberty ‘in accordance with a procedure permitted by law.’

The police may ignore the procedure, but the courts will not.

2. While the police are generally allowed to conduct searches, by law a search must only be made to retrieve evidence and not merely to snoop on or harass a person.

If the person has not already been charged with a crime, a search must only be done by court order. Ask for it.

3. All searches and arrests must follow constitutional safeguards or they will be invalidated.

The safeguards include your right:
- to be informed of the alleged offence during an arrest;
- to bail;
- not to self-incriminate;
- to legal representation by a lawyer of your choice.

4. Also, a search or an arrest must not violate your right to privacy or your right to dignity.

The police must treat you with dignity even when in custody, before being charged to court. Treating you with dignity includes both in the physical and psychological treatment.

5. You can keep silent throughout a search or an arrest process if you want. You can refuse to answer any question until after consultation with a lawyer. You can also refuse to write any self-incriminating statements until you have consulted a lawyer.

6. If forced to write a statement, write and sign this:

'I have no intention of making any statement to the police in the absence of my lawyer and if I make any statement without my lawyer being present, it should be assumed I made it under duress.'

They may leave you alone.

7. In short, during any questioning and at every stage of the dealing with the police, you have a right to have a lawyer represent and guide you.

If you cannot afford a lawyer, some NBA chapters, NYSC corps offices, and Ministries of Justice provide free legal aid.

8. It is illegal for the police to parade you. By law, an identity parade is only permitted if you were not apprehended at the scene of the alleged crime and the police has to parade you in order to ascertain your identity from another person.

9. You have the right to be bailed out of police custody within 48 hours of arrest. Otherwise you have to be charged to court so you can apply for a court bail.

(The police may charge you to the wrong court to prevent a bail application from being heard. You will need a lawyer.)

10. Finally, reach out to someone as quickly as possible so that they know you have been arrested. Don’t assume you will be fine all by yourself. The Nigerian police are brutal and they can disappear you if nobody knows you are with them. Please stay safe.

[If you want technicals]

Constitution: 34, 35, 36
Criminal Procedure Act: 5, 107
Criminal Procedure Code: 74
Administration of Criminal Justice Act: 6, 32, 144
Lagos ACJ Law: 3, 17, 18, 144

Agbakoba v Commissioner of Police (1994)
Bello v State (2017)
Nnajiofor v FRN (2018)

Also, a few legal-aid friendly handles:

@ledapnigeria
@justempower
@tiersnigeria (if the police harass you on the basis of sexual orientation or gender identity)
@SERAPNigeria
@BAOBAB_Women

Laugh and cry: https://twitter.com/xaxxoo/status/1320644839864700929?s=20