Daily Law Tips (Tip 630) by Onyekachi Umah, Esq., LL.M, ACIArb(UK)
![](https://thenigerialawyer.com/wp-content/uploads/2025/10/Naija-Virtual-Notary2.png")
![](https://thenigerialawyer.com/wp-content/uploads/2025/05/idrinstitute.png")
Remedy Of A Suspect Detained For More Than 24 Hours
In Nigeria, every person is assumed to be innocent until a court of law declares a person guilty (not innocent). What the media, law enforcement agencies, government, colleagues, employer, political party or neighbours think about a suspect does not matter. Also the amount of evidence (including videos and eye witnesses) concerning a suspect and an alleged offence does not make a suspect automatically guilty.
It is only a court of law that can declare a person guilty. So, every suspect in any law enforcement agency in Nigeria or any defendant in any court in Nigeria, is innocent and not guilty, until a court says otherwise. It is important that such persons are not punished rather pampered and respected with the budget allocated to the concerned law enforcement agency.
Under the Administration of Criminal Justice Act 2015 and similar state laws in states across Nigeria, a suspect must be released within 24 hours of being arrested, especially where the alleged crime is not punishable with death.
Where this is not done, any person can go to court/institute a case against the concerned law enforcement agency (and its agents) on behalf of the suspect. The court will order the suspect to be produced (brought to) court and inquire into the circumstances of the detention and where the court desires, the court will grant bail to the suspect. An application for bail in a court, can be written or oral, even if the court is a High Court/Federal High Court/National Industrial Court, where applications are often written and rarely oral.
Note that, the court to be approached to grant bail to a suspect that has been detained for more than 24 hours, must be a court that has jurisdiction (power) to entertain the crime that the suspect is detained for. For example, since a crime of fake passport can only be handled by the Federal High Court, the court that can be approached to release a suspect detained for more than 24 hours over issues of fake passport must be the Federal High Court and not a Magistrate Court or High Court.
By the way, the above does not affect the rights of a suspect to sue a law enforcement agency and its agents for breach of his fundamental human rights. In this, a suspect can seek huge monetary damages running into millions of Naira.
My authorities are:
1. Sections 32, 494 and 495 of the Administration of Criminal Justice Act 2015 and its equivalent in states across Nigeria.
2. Sections 34, 35, 36, 318 and 319 of the Constitution of the Federal Republic of Nigeria 1999.
#SabiLaw
#DailyLawTips
#SabiBusinessLaw
#SabiElectionLaws
#SabiHumanRights
#SabiLawOnBeatFm
#SabiLawLectureSeries
#CriminalJusticeMonday
#SabiLawVideoChallenge
Speak with the writer, ask questions or make inquiries on this topic or any other via info@LearnNigerianLaws.com or onyekachi.umah@gmail.com or +2348037665878. To receive our free Daily Law Tips, follow our Facebook Page:@LearnNigerianLaws, Instagram:
@LearnNigerianLaws and Twitter: @LearnNigeriaLaw
Please share this publication for free till it gets to those that need it most. Save a Nigerian today! NOTE: Sharing, modifying or publishing this publication without giving credit to Onyekachi Umah, Esq. and “LearnNigerianLaws.com” is a criminal breach of copyright and will be prosecuted.
This publication is the writer’s view not a legal advice and does not create any form of relationship. You may reach the writer for more information.
Powered by www.LearnNigerianLaws.com {A Free Law Awareness Program of Sabi Law Foundation, supported by the law firm of Bezaleel Chambers International (BCI).}
The publishing firm has produced an impressive catalogue of authoritative legal texts authored by its proprietor, Basil Momodu, Esq.,
For inquiries, contact:
📧 momodulawpublishing@yahoo.com
📞 07051822705
______________________________________________________________________
“Your Must-Have Legal Classic” — 225-Page Hardback Offering The Definitive Guide To Electoral Security In Nigeria And The U.S.
Edited by Dr. Akin Olawale Oluwadayisi, Ph.D; ACIArb, FIPDM, Notary Public, Awi Boluwaji, and Olumide Awoyemi, LL.M, Price: ₦20,000 or $20 per copy
Order Your Copy Now:📧 Email: benakollegalclassics@gmail.com,📱 WhatsApp: 07038211889, 📞 Voice Call: 07065830466 | +2347038211889
______________________________________________________________________
“Timely And Groundbreaking” — Babalola, Nnawuchi Release Casebook On Privacy & Data Protection In Nigeria
A timely new publication, Casebook on Privacy & Data Protection in Nigeria, co-authored by Olumide Babalola and Uchenna Nnawuchi, 📘Casebook on Privacy & Data Protection in Nigeria is now available on Amazon: https://a.co/d/8TmFZrd
______________________________________________________________________
Groundbreaking Guide For Lawyers: Adigwe Publishes ‘Artificial Intelligence For Lawyers’ With Free Research eBook
Authored by Ben Ijeoma Adigwe Esq., ACiarb (UK), LL.M, Dip. in Artificial Intelligence, Director at the Delta State Ministry of Justice, Asaba, Nigeria.
How to Order:
📞 Call, Text, or WhatsApp: 08034917063 | 07055285878
📧 Email: benadigwe1@gmail.com
🌎 Website: www.benadigwe.com
Ebook Version: Access it directly online at https://selar.com/prv626
______________________________________________________________________
Alexander Payne Co. Law Reports
Contact & Orders 📞 0704 444 4777 | 0704 444 4999 | 0818 199 9888 🌐 www.alexandernigeria.com
______________________________________________________________________
The books are available for purchase at:
Online: www.educodex.com | www.selar.com | www.amazon.com | www.mikeozekhome.com
Enquiries: +234 704 044 9375 | +234 814 813 4773 | +234 816 872 3532
Email: educodexl@gmail.com
______________________________________________________________________
Explore Nigeria’s Constitutional System — 17 Chapters, 924 Pages Of Insight By Prof. Hagler Sunny Okorie
