Legal Questions: Unlawful arrest and detention
My name is Mr. Sunday and I live on the Lagos Mainland. On the 6th day of April, 2017, I tried to get into the bathroom of my face me, I face you apartment. However, I realised that there was a bucket of water in the bathroom which had been unattended to for more than 45 minutes. Based on the fact that I was in a hurry to get to my shop within time, I removed the bucket from the bathroom for me to take my bath.
Shortly after I stepped into the bathroom, I heard a shout from my neighbour Alhaja Sidikat who started cursing me because I took her bucket of water out of the bathroom. I gave her my reason for doing so but she refused to listen me and threatened to show me that she owns Lagos and knows the policemen in my area.
On the 7th day of April, 2017, Alhaja Sidikat came with some policemen to the house around 6:00pm when I just returned from the shop to arrest me. They did not inform me of the reason for my arrest but they took me straight to the police station where I was beaten and forced to make a statement that I stole Alhaja Sidikat’s motorcycle. I was detained from that day till the 14th of April, 2017. I want to sue Alhaja Sidikat for making the police to beat me up and to detain me. Kindly advise me on the appropriate court to take her to.
KUSAMOTU & KUSAMOTU REPLIES:
Dear Mr. Sunday, we empathise with you over your ordeal at the hands of the Police from the 7th of April, 2017 to 14th of April, 2017. Unfortunately, in a situation like this, you do not have a right of action against Alhaja Sidikat for making the police to beat you up and to detain you but you have a right to sue the Nigeria Police for the breach of your fundamental human rights.
The constitution of the federal republic of Nigeria provides that no person shall be detained for more than 48 hours without such person being granted bail or charged to court. The same constitution also protects the rights of Nigerian citizens from giving forced statements when arrested by members of law enforcement agencies, which in this case includes the Police. It states that every person has a right to remain silent and not answer any question put to him and such person also has the right to consult a lawyer before making any statement. The law also states that upon the arrest of a person, the person must be informed of the offence which he is accused of committing.
The Policemen were wrong when they refused to inform you of the crime you committed upon your arrest and when they beat you up to make a statement. The Police were most especially out of order when they detained you for a period of seven days which is over the stipulated period provided by law.
The action of the Police in this regard is unlawful and you can proceed to sue the Nigeria Police for the breach of your fundamental human rights at either the Federal High Court or the State High Court. You can also sue Alhaja Sidikat for falsely accusing you and reporting you to the Police for stealing her motorcycle and if your action is successful, you will be granted damages by the court. You can sue her in either the Magistrate Court or the State High Court.
Kusamotu & Kusamotu, in collaboration with TheCable, publishes this column every week to answers reader’s general legal queries. This column is intended to give readers a general overview of the law and is not a substitute to the role of an attorney.
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About Kusamotu & Kusamotu
Kusamotu & Kusamotu is an all service law firm based out of Abuja, Lagos, Kano and Onitsha in Nigeria. We cover all aspects of the law and specialise in all aspects of International Trade with special focus on Trade with China, corporate and commercial matters including Mining, Oil & Gas, Tax, Litigation, Competition, Banking & Intellectual Property law.
Addresses: Lagos Office: 67A, Lafiaji Way, Dolphin Estate Ikoyi, Lagos State, Nigeria; Abuja Office: No 7, Yauri street, Off Olufunmilayo Ransomkuti street, Area 3, Garki Abuja Nigeria; Kano Office: 7C, Muritala Muhammed Way, Opposite Kano Club, Beside Standard Chartered Bank, Kano State, Nigeria; Anambra Office: Third floor, No 37, New Market road, Onitsha, Anambra State Nigeria.
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