YOUR RIGHT AGAINST THE POLICE: UNLAWFUL/ILLEGAL DETENTION

[Olajire Deborah]

UNLAWFUL/ILLEGAL DETENTION

*Unlawful Detention By Police

Is it possible to be unlawfully detained by the Police? The answer is YES! I know many people may be surprised by this answer but that is the truth.
Remember we said before that the Police have the right to detain you. But the detention becomes unlawful where you are not the offender and there was no basis for suspecting you of having committed the crime.

NOTE:
1) No one has the right to arrest or detain you except by lawful means.
2) The only reason the Constitution allows detention of suspect by the police is for the purpose of bringing him to court upon suspicion of committing a crime.
3) The military, OPC/Egbesu/Bakassi boys or vigilantes are not entitled to arrest or detain a citizen suspected of committing a crime without handing him over to the police.
4) A civilian is entitled to arrest a suspect and hand him over immediately to the Police.
5) You are entitled to sue the Police or anybody/authority who unlawfully detains you.
6) You are also entitled to sue the complainant who instigated your unlawful detention.
7) It is not the constitutional duty of the Police to punish any suspect in their custody. Their role is simply to investigate.
8) You have many remedies guaranteed by the constitution in cases of unlawful detention.

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