The 48-Hour Rule The Police Rarely Explain—& Nigerians Rarely Invoke
Understanding the Most Misquoted Law in Nigeria
PUBLIC discourse often reduces detention timelines to myths or street knowledge. The law itself is not ambiguous. Under Section 35(4–5), police detention is allowed only as a short-term measure pending arraignment or release. The Constitution’s language, interpreted through decades of judicial reinforcement, is clear: detention without charge beyond the allowed window is illegal, regardless of investigative status.
48 Hours is Not a Courtesy, It’s a Constitutional Ceiling
Legal investigators interviewed police prosecutors and detention officers who admitted that most detention extensions happen because suspects do not ask for their rights, not because the law allows it. The Constitution allows 48 hours only if:
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No court is nearby or
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The next day is a weekend or
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The next day is a public holiday.
These are conditional extensions, not automatic permissions. Outside these conditions, 24 hours is the constitutional standard.
After 48 hours, the law presumes that the detention has exited legality unless justified by a judicial order. At this point:
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Police discretion ends.
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Custody becomes judicial territory.
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Liberty becomes legally demandable.
Excuses That Collapse Under Legal Scrutiny
The Constitution does not validate administrative or hierarchical delays. Waiting for instructions, senior officer availability, or investigation completion are operational realities, not legal justifications. The law recognises operations but protects liberty over operations.
The Constitutional Doctrine Nigerians Don’t Carry to the Bank or Cell
Unlike business tax IDs or banking KYC, detention rights are not tied to documents or cards—only awareness. Lawyers call it Nigeria’s biggest legal paradox: citizens are more aware of paperwork liabilities than liberty rights.
Actionable Safeguards
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Detention time must be monitored by detainees, families, or counsel.
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Legal representation should be requested early.
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Silence should not replace assertion.
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Respect should not replace accountability.
