When Arrest Becomes Abuse: The Legal Line The Police Must Not Cross
Constitutional Liberty Is a System, Not a Plea
THE Nigerian Constitution does not treat freedom as negotiable. It treats it as structural. Once a citizen is arrested, the legal system automatically shifts into rights-protection mode. This means detention is allowed, but not as a fishing expedition.
Legal analysts argue that many detentions violate constitutional spirit because they:
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Hold suspects to build evidence instead of holding them because evidence exists,
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Treat pre-trial custody like punishment,
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And apply arbitrary detention timelines that disregard court proximity.
Why Detty December and Yuletide Detentions Are a Stress Test
Holiday seasons have historically become enforcement flashpoints. Police units increase patrols, arrests spike, but courts operate skeletal calendars. Investigative findings from past Decembers show this period is often when detention rights suffer the most, as suspects are held for days while courts reopen.
Constitutionally, however, the police must still charge within 24–48 hours or release—even if courts are on break. The option is bail, summons, or administrative release—not constitutional limbo.
Know Your Rights, Use Them Right
The Constitution guarantees that you can:
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Ask why you are being held,
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Request access to counsel and family,
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Politely assert your detention time limit,
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And demand judicial transfer or release.
These rights do not require confrontation—only awareness.
The Bigger Investigation: Reforming the Detention Mindset
Human rights experts argue that regulating detention culture requires:
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Mass civic education so citizens know timelines,
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Internal police accountability metrics,
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More night and weekend court access,
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And enforcement of sanctions for constitutional violations.
Until citizens quote Section 35 as confidently as officers quote the Penal Code, constitutional detention limits will remain one of Nigeria’s most powerful unused protections.
