WHAT MUST HAPPEN BEFORE ARRESTED PERSON CAN ANSWER QUESTION FROM ANY SECURITY AGENT.* Daily Law Tips (Tip 506) by Onyekachi Umah, Esq., LLM. ACIArb(UK)

The constitution of Nigeria is the greatest of all laws in Nigeria. Things provided or stated by the constitution cannot be changed by any other law, government, order, signal, instrument, person, code, policy, training manual or handbook of any agency or outfit. The constitution provides what must happen before any arrested person can answer any question from any arresting officer or agency in Nigeria.

By the constitution of Nigeria, an arrested person has a statutory right to remain silent or avoid answering any question until after consultation with any legal practitioner or any other person the arrested person chooses. So, arresting officer/agency must assist an arrested person to communicate with a lawyer or any person of choice of the arrested person before questioning arrested person.

Note that the above mentioned right is a fundamental human right and as such an aggrieved person can approach a High Court for enforcement of his rights or that of another arrested person. This can be done during or even after the breach of such human rights. Please, engage and speak with a lawyer when your right is breached.

My authorities are sections 35(2), 318 and 319 of the Constitution of the Federal Republic of Nigeria, 1999. And, also sections 6(2)(a), 494 and 495 of the Administration of Criminal Justice Act, 2015 and other similar laws across States in Nigeria.

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Onyekachi Umah, Esq., LL.M, ACIArb(UK)

Onyekachi Umah is an exceptional Legal Practitioner, Arbitrator, Notary Public and Legal Awareness Expert with over a decade of experience in civil law, criminal law and human rights. He holds a Master of Laws; a Master of Business Administration (mini) and he is a doctoral candidate. Mr Umah is the Managing Partner of the law firm of Bezaleel Chambers International (BCI), where he consults and provides legal services to several national and international organisations, including the United Nations. Aside from his very engaging legal practice, Mr Umah runs a legal awareness organisation (Sabi Law Foundation) and he diligently publishes free daily law tips, every day on www.LearnNigerianLaws.com since 2017. He has published over 820 legal articles in diverse areas of law, delivered over 35 public lectures, anchored over 67 law radio/tv shows and supported several legal and developmental projects across Africa. Click to read more.

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