CYRIACUS IZUEKWE
Human rights lawyers in Nigeria have clarified the legal position on whether the Police can arrest family members of a suspect who is on the run.
According to Section 35 of the 1999 Constitution of the Federal Republic of Nigeria, every person is entitled to personal liberty. The Constitution provides that no one shall be deprived of liberty except in accordance with procedures permitted by law.
Legal practitioners say criminal liability in Nigeria is personal and not collective. This means only the person who committed an offense, or those who aided, abetted or conspired with them, can be prosecuted. Being related to a suspect does not make a person automatically guilty.
The Police Act 2020 also supports this position. The Act gives the Police powers to investigate crimes, arrest suspects, and maintain public order. It does not grant authority to arrest relatives merely because of their family connection to a person being sought.
However, there are lawful exceptions. A family member can be arrested if there is credible evidence that they helped the suspect escape, hid the suspect, or took part in the crime. Such conduct falls under “accessory after the fact” in the Criminal Code and Penal Code.
Police officers may also invite relatives for questioning to obtain useful information that can lead to the arrest of the suspect. In such situations, the law still requires that the person’s rights be respected and that detention does not exceed constitutional limits.
Despite the law, human rights groups have raised concerns about “proxy arrests”. This is the practice where Police detain parents, siblings or spouses in order to pressure a suspect to surrender. Advocates say this amounts to collective punishment.
Several court judgments in Nigeria have condemned the arrest of relatives who are not suspects. The courts have held that such actions violate the right to liberty and the presumption of innocence guaranteed by the Constitution.
Persons affected by unlawful arrest have legal remedies. They can file a fundamental rights enforcement suit at the High Court. They may also report the matter to the National Human Rights Commission, which has offices nationwide and a toll-free line for complaints.
Lawyers advise that anyone invited or arrested should ask for the reason in writing, and insist on legal representation. The Constitution also requires that a suspect be charged to court within a reasonable time, usually 24 to 48 hours depending on the location.
Experts say public education is important to prevent abuses. Citizens need to understand their rights so they can cooperate with lawful investigations without giving up constitutional protections.
Security analysts urge the Police to adopt intelligence-driven methods instead of targeting families. They note that respecting the rule of law helps build public trust and makes it easier for communities to assist law enforcement in tracking down actual suspects.