Deadline For Release Of Arrested Persons In Any Part Of Nigeria.

Daily Law Tips (Tip 501) by Onyekachi Umah, Esq., LLM. ACIArb(UK)

*DEADLINE FOR RELEASE OF ARRESTED PERSONS IN ANY PART OF NIGERIA. *

Nigeria is a democratic state that respects human rights of all persons. Although, Police and other security agencies have rights to arrest with or without warrant, the law provides a deadline, maximum period or timeline within which an arrested person must be released.

Where a person is arrested for any offence that is not punishable with death and such arrested person has not been arraigned/brought before a court, such arrested person must be released from detention within one day (24 hours) from the time of arrest, so far as there is a competent court within about radius of 40 kilometers from the office of the security agency. However, where there is no such nearby court, the maximum detention period is 2 days (48 hours) or such longer period as a court my deem to be reasonable. Such release (bail) can be with or without sureties.

My authorities are sections 35(4), 35(5), 318 and 319 of the Constitution of the Federal Republic of Nigeria, 1999. And, also sections 30(1), 30(2), 494 and 495 of the Administration of Criminal Justice Act, 2015 and other similar laws across States in Nigeria.

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