INTRODUCTION
Fundamental Rights are rights that are owned by persons in a given circumstance. This is to say that at some point or the other, a person can lose such right. One of such instances is upon the arrest of such person. Usually, when a person is arrested, some of the his Fundamental Rights are in abeyance for that period. Such person becomes a suspect. Although an arrested person loses some of his Fundamental Rights, there are some rights that subsist the arrest and others that will arise by virtue of that arrest. They are provided for in the 1999 Constitution of the Federal Republic of Nigeria as amended. They are:
RIGHT TO LIFE: A person arrested and in police custody has a right to life and shall not be deprived of this right. This means that, when an arrested person is in police custody, he shall not be killed intentionally for any reason. This is provided by Section 33 (1) of the Nigerian Constitution.
RIGHT TO BE PRESUMED INNOCENT: A suspect arrested by the police shall be presumed innocent until proven guilty by a Court of Law. This is provided in Section 36(5) of the Nigerian Constitution.
RIGHT TO COUNSEL: An arrested person has the right to engage the service of a counsel of his choice before making writing or making any statement of any kind. This right is due to be exercised as soon as he is arrested. This is provided in section 35 (2) of the Nigerian Constitution.
RIGHT TO SILENCE: When a person is arrested, he has the right not to answer any question put to him until he has consulted and seek the advice of his counsel. Also, his counsel can guide him on how to answer such questions. He cannot be forced to make statements orally or in writing. This is provided in section 35 (2) of the Nigerian Constitution.
RIGHT TO DIGNITY OF HUMAN PERSON: A person shall not be subjected to torture or to inhuman or degrading treatment. This right still subsist even when in police custody. This is provided in Section 34(1) of the Nigerian Constitution.
RIGHT TO BE INFORMED OF THE REASON FOR ARREST: Any person who is arrested shall be informed in writing within 24 hours and in the language he understands of the facts and grounds for his arrest. This is provided in section 35 (3) of the Nigerian Constitution. However, where the person is arrested while committing the offence, this right can be dispensed with.
RIGHT TO INTERPRETER: This is provided for in Section 36 (6) (e) of the Nigerian Constitution, it implies that an arrested person is entitled to an interpreter if he does not understand the language of the police interviewing him. The interpreter is to be procured without any cost to him. That is he is not going to pay for the service of the interpreter.
RIGHT TO BE BROUGHT TO COURT WITHIN TIME: An arrested person shall be brought before a court of competent jurisdiction within 24hours where there is a Court within 40 kilometers radius from the place arrested or 48 hours if the Court available is located beyond 40 kilometers from the place arrested. This is the provision of Section 35 (4) (5) of the Nigerian Constitution. However, where a person is arrested for a capital offence, he can be detained for more than 48 hours.
OFFENCE MUST BE KNOWN TO LAW: A person can only be arrested for an offense known to law and the punishment prescribed in a written law. This is the provision of Section 36 (12) of the Nigerian Constitution.
RIGHT AGAINST DOUBLE JEOPARDY: A person shall not be arrested for an offence which he has been previously tried and convicted or acquitted before a competent Court. This means a person cannot be arrested and tried for the same offence twice. This is provided by Section 36 (9) of the Nigerian Constitution.
RIGHT TO COMPENSATION AND PUBLIC APOLOGY: Any person who has been unlawfully arrested and detained, shall be entitled to public apology and compensation. This is the provision of Section 35 (6) of the Nigerian Constitution.
CONCLUSION
These Fundamental Rights are generally owned and can be exercised by every citizen of Nigeria equally without discrimination of any form at the point of arrest.
In as much as we live in a society characterized by corruption, weak institutions and unskilled personnel without basic investigating skills, having knowledge about these rights is the first step in the fight against corruption and enforcement of these rights. No wonder the saying, “knowledge is power”. Let this knowledge work for you.
