Your Right To Compensation And Public Apology For Unlawful Arrest Or Detention

[Olajire Deborah]

Your Right To Compensation And Public Apology For Unlawful Arrest Or Detention

Many citizens do not know that the Constitution makes provisions for public apology and compensation to them for their unlawful arrest or detention. Some other people do not even believe such a provision exists. That is why many people get arrested and detained unlawfully by the Police, etc., and the transgressors go scot-free, while the victim dances to his church or mosque to for thanksgiving.
For the avoidance of doubt, let me repeat this constitutional provision, word-for-word, as follows:

“Any person who is unlawfully arrested or detained shall be entitled to compensation and public apology from the appropriate authority or person; and in this subsection, ‘the appropriate authority or person” means an authority or person specified by law.
— Section 35 subsection 6.

I did not write this provision of the Constitution. So, it is for you to know that you have a right to be compensated and to public apology in the event of unlawful arrest or detention. Please note that the Constitution states that you have this right whether you were only arrested unlawfully or arrested and detained unlawfully.

What is unlawful arrest or detention? This means an arrest or detention which is against the law. For example, if the Police arrest a person without any lawful justification, or without any reasonable suspicion of a crime, or in any matter which is beyond the jurisdiction and powers of the Police to deal with, such an arrest is unlawful. Or, if Mr. A commits a crime and is on the run. and the Police, because they cannot find Mr. A or in order to force him to appear, arrest his wife/brother/mother/father/friend//relation or employee who did not partake in the offence, such an arrest is unlawful. Unlawful arrest could also be an arrest by a member of the Armed Forces for an offence which is not related to the military. Where the army or even private citizens make an arrest for a criminal offence, the offender is expected to be handed over to the Police authority immediately and anything short of this is unlawful.

Unlawful detention is any detention which is contrary to the provision of the law. This includes unduly long detention, detention in unauthorized places or by unauthorized persons, detention without lawful justification or reason, etc. All these constitute unlawful detention.

(Please get a copy of my other book “KNOW YOUR RIGHTS AGAINST THE POLICE AND IN COURT IN CRIMINAL MATTERS” for a detailed explanation and instances of unlawful arrest and detention as well as a concise explanation on the new law in Lagos State against illegal arrest and detention).
So, in any case of unlawful arrest or detention, the victim is entitled to a public apology and compensation from the authority or person concerned. Where you have suffered any unlawful arrest or detention in the recent past, or you are presently suffering it, please contact your lawyer immediately to take the appropriate legal steps for your redress.

Note that the unlawful arrest or detention may also be carried out by an individual. For example, if a “civilian” arrests a person, even where a crime was committed, and detains the offender in his house for hours or days without handing him over to the police, such a detention is unlawful. If a person purports to arrest you or instigates your arrest in a matter that is purely civil, e.g., because you say you wanted to divorce your spouse, such an arrest is unlawful. If the Chief or leader of your town, village or community arrests and detains you in his own cell in his house or in the market square or his palace dungeon, such an arrest and detention will be unlawful. In this case, you are entitled to be compensated for the unlawful arrest or detention by that individual. This is in addition to a public apology from him/her.

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