Being arrested does not mean a person has been found guilty of a crime. In Nigeria, the law places limits on how long a person can be kept in police custody without being taken before a court, although the exact period depends on the circumstances of the case. The Constitution protects the right to personal liberty and provides that a person who is arrested or detained must be brought before a court within a reasonable time.
Under the Constitution, a person is generally expected to be brought before a court within one day where there is a court within a 40-kilometre radius, or two days where there is no such court, unless there are circumstances that make a longer period reasonable. The Administration of Criminal Justice Act also contains provisions governing arrest, detention and the handling of criminal suspects.
This means police detention is not supposed to continue indefinitely simply because an investigation is still ongoing. However, there is an important distinction between being held by police and being remanded by a court. Where investigators believe more time is required, the proper legal process may involve taking the suspect before a court and seeking an appropriate order for further detention or remand, depending on the circumstances and applicable law.
A suspect also has rights while in custody. These include the right to remain silent or avoid answering questions until after consultation with a legal practitioner or another person of the suspect’s choice, subject to the law. The police may investigate allegations, question suspects and gather evidence. But an arrest itself is not proof of guilt. For families, one of the most important steps after an arrest is to establish where the person is being held, why they were arrested and whether they have been taken before a court.
If detention continues without the required legal process, the suspect or their lawyer can challenge the detention through the courts. The key point is simple: police powers to arrest do not mean unlimited powers to detain. Anyone arrested in Nigeria should know the reason for the arrest, understand their basic rights and have access to legal assistance where necessary. When someone’s liberty is at stake, knowing the law can make the difference between lawful detention and unlawful detention. Source: https://yaroinsider.ng/how-long-can-police-legally-keep-a-suspect-in-nigeria/
