Nigerian Law Forum
There are instances where suspects' relatives have reportedly been arrested. This often raises the question: can relatives be arrested in place of a suspect?
In Nigeria, by virtue of section 7 of the Administration of Criminal Justice Act 2015,Note that by virtue of section 2 of the Administration of Criminal Justice Act 2015, its provisions do not apply to Court Martial (i.e. military proceedings). no one else can be arrested in place of a suspect. For example, where someone is wanted on suspicion of commission of a crime, it is illegal to arrest such person's brother, mother, wife, etc, pending the arrest of the suspect. The right to personal liberty is guaranteed by section 35 of the Constitution of the Federal Republic of Nigeria 1999, except in exceptional cases provided by law. Examples of such exceptional cases are where a person is being arrested pursuant to a Court order or on suspicion of commission of a criminal offence. In essence, someone can be arrested on reasonable suspicion of a crime but arresting someone simply as a substitute for an actual suspect (arrest in lieu) would constitute an unlawful arrest. Such unlawful arrests could be calculated to force the actual suspect to give himself/herself up. Regardless of the motive, it is unlawful.
Section 35(6) of the Constitution of the Federal Republic of Nigeria 1999 provides that '[a]ny person who is unlawfully arrested or detained shall be entitled to compensation and public apology from the appropriate authority or person' specified by law.See the case of Jim Jaja v COP Rivers State & Ors (2021) LPLER-20621(SC), where the Supreme Court of Nigeria ordered the sum of two million Naira to be paid to an appellant who was unlawfully arrested and detained.
Michael Akerele, LLB, MICL, BL
In the recent Election Petition before the Presidential Election Tribunal in Nigeria, there was a crucial question that needed an …
Society is often fraught with different kinds …
Important Constitutional Rights Every Nigerian Should Know
This article highlights 5 important constitutional rights every Nigerian should know. Constitutional rights …
In the case of Insp. Gabriel of the C.O.P. Monitoring Unit Lagos v Ukpabio & Ors(2022) LPELR-57032(SC). the Nigerian Supreme Court …
The Constitution of the Federal Republic of Nigeria 1999 provides grounds for which a person can become a citizen of …