You don’t need to wait for a policeman or any other security agent to effect an arrest, especially when a crime is being committed right in your presence. All you need do is to get firm grip of the suspect and hand him over to the police post nearest to where the offence was committed. Anybody can arrest but only the law enforcement agencies and the State can prosecute. That is why you must bring the arrested suspect before the State or an agent of the State.

We have had enough of jungle justice in which a perpetrator of a crime is killed or set ablaze; this is not justice! In law enforcement, a lot of things are put into consideration, especially measures to find out why the suspect had to commit the offence? Is it psychological, mischief, conspiracy etc? This will enable the law enforcers to dig deep into the matter.

When a community hastily kills a ritualist for instance, you have denied the security officers and the State the opportunity to know other members of the cult (if that is where he belonged); previous victims, possible sponsors, next target, reasons for the ritual killing, financial implications involved, among others. Instead of killing a criminal by yourself, arrest him and follow-up the matter to a logical conclusion, using available platforms such as your lawyer, social media harsh tag, the press etc. The police and other security agencies are your friends. Whenever you see any security agent putting on uniform, be free to relate with him/her, he or she may be there based on an intelligence gathered because of you.

Someone once asked me a question during one of my short group enlightenments sessions based on what he called “unfortunate ordeal” in the hands of one of the law enforcement agencies. He asked: “Sir, please what is Judge’s Rule Number 1 about?” He gave an experience of a day a security patrol van came to their district and he approached the commanding officer to ask what happened only for him to be arrested alongside others based on what was said to be Judge’s Rule Number 1. I informed him that Judge’s Rule Number 1 permits law-enforcement agents to arrest as many persons as possible to find out who committed an offence when the culprit is unknown. He however said he was freed after investigation was completed and was found not guilty.

Do I have a right upon arrest? Yes! The right of anyone arrested by a law enforcement agent is explained by the Administration of Criminal Justice Act 2015. Your first right is to know why you are being arrested. According to the Section 6 (1 and 2) of this act, it is now improper in law for any security officer to arrest people without informing them the reason of the arrest.

Secondly, every person arrested has the right to speak or not with the arresting security officer, even the writing of statements. It may interest the arrested person to call his lawyer and if he doesn’t have any, he has the right to engage a free legal representation by the Legal Aid Council of Nigeria. Here you are not paying for the services of the lawyer, the Government has already paid.

Thirdly, as one of the rights of the arrested person, the arresting security organisation which has the suspect in its custody must inform the next of kin of the person arrested, and this must be at no cost to the person. Before now, security officers arrest indiscriminately without allowing the suspect any right to put on even slippers or trousers. This is no longer so.

Fourthly, that you are arrested does not remove your right to dignity. Till the determination of a case in a court of competent jurisdiction, an arrested person is presumed innocent. It is an abuse of the right of a suspect to expose him or her to any form of torment, harsh or humiliating atmosphere.

There is no cause for alarm whenever one is arrested or is being arrested; it is only an opportunity for the arrested to prove his innocence or guilt. Do not resist arrest or fight the arresting security officers, that is as good as committing the offence you were accused of.

Adeolu Oyebode wrote via This email address is being protected from spambots. You need JavaScript enabled to view it.