By Step Rights Magazine Legal Desk

Introduction

Imagine receiving a phone call informing you that your father, mother, wife, brother, or child has been arrested—not because they committed a crime, but because the police could not locate you.

Can the police lawfully detain a relative simply to compel a suspect to surrender?

The answer under Nigerian law is No.

The practice, commonly referred to as substituted arrest, has repeatedly been declared unconstitutional by Nigerian courts and is prohibited by both statutory and international human rights law.

Recent reports alleging the arrest of relatives of wanted persons have once again brought the issue into public debate, raising questions about the limits of police powers and the rights of ordinary citizens.

What Is a Substituted Arrest?

A substituted arrest occurs when law enforcement officers arrest or detain one person because another person is wanted for investigation or prosecution.

Examples include:

• Arresting a wife because her husband cannot be found.
• Arresting parents because their adult child is wanted.
• Arresting siblings or business partners to pressure a suspect into surrendering.
• Detaining friends simply because they know a suspect.

Such arrests are intended to compel the actual suspect to report to the police.

However, criminal liability is personal, not transferable.

What Does the Nigerian Constitution Say?

The Constitution of the Federal Republic of Nigeria, 1999 (as amended) guarantees every person’s right to personal liberty.

Section 35(1)

No person shall be deprived of personal liberty except in circumstances expressly permitted by law.

The Constitution does not authorize the arrest of one individual for another person’s alleged offence.

Likewise, Section 36 guarantees every individual the right to a fair hearing and presumes every person innocent until proven guilty by a competent court.

These protections apply equally to every Nigerian citizen.

The Administration of Criminal Justice Act (ACJA) Is Clear

One of the strongest legal protections against substituted arrest is found in the Administration of Criminal Justice Act, 2015 (ACJA).

Section 7 ACJA

“A person shall not be arrested in place of a suspect.”

This single sentence ended years of abusive policing practices that had become common in parts of the country.

The law leaves no room for interpretation.

Police officers are required to arrest only individuals reasonably suspected of committing an offence.

The Nigeria Police Act Also Limits Police Powers

The Nigeria Police Act 2020 empowers police officers to investigate crimes and arrest suspects.

However, those powers are not unlimited.

Police officers must always act:

• within the Constitution;
• within the Police Act;
• within the ACJA;
• and in accordance with human rights standards.

Arresting innocent relatives falls outside those legal powers.

What Have Nigerian Courts Said?

Nigerian courts have consistently condemned substituted arrests.

In several decisions, the courts have held that:

• Criminal responsibility is personal.
• No citizen should lose their liberty because of another person’s alleged crime.
• Police officers who carry out unlawful arrests may be personally liable for damages.

Courts have awarded compensation to victims whose rights were violated through illegal detention.

What About International Human Rights Law?

Nigeria is a party to several international human rights treaties, including:

• African Charter on Human and Peoples’ Rights
• International Covenant on Civil and Political Rights (ICCPR)
• Universal Declaration of Human Rights

These instruments protect:

• liberty;
• dignity;
• equality before the law;
• freedom from arbitrary detention.

Because the African Charter has been domesticated in Nigeria, its provisions are enforceable in Nigerian courts.

Can Police Invite a Relative for Questioning?

Yes—but only under lawful circumstances.

If a relative:

• witnessed the alleged offence,
• possesses relevant evidence,
• assisted the suspect,
• or may have committed a separate offence,

the police may lawfully invite or arrest that individual based on their own conduct.

The critical distinction is this:

The police cannot arrest someone merely because they are related to a suspect.

There must be independent legal grounds.

What Should You Do If Your Relative Is Arrested Instead of the Suspect?

If a family member is unlawfully arrested, several legal remedies are available.

These include:

1. Demand the Legal Basis of the Arrest

Every arrested person has the right to know the reason for their arrest.

2. Contact a Lawyer Immediately

Legal representation can prevent prolonged unlawful detention.

3. Petition Senior Police Authorities

Complaints may be submitted to:

• Inspector-General of Police;
• State Commissioner of Police;
• Police Complaint Response Unit (CRU);
• Police Service Commission.

4. Approach the National Human Rights Commission

The Commission investigates allegations of unlawful detention and human rights violations.

5. Institute a Fundamental Rights Enforcement Action

Victims may approach the High Court under the Fundamental Rights (Enforcement Procedure) Rules seeking:

• immediate release;
• compensation;
• public apology;
• declaration that the arrest was unconstitutional.

Can Police Officers Be Punished?

Yes.

Depending on the circumstances, officers who conduct unlawful arrests may face:

• disciplinary proceedings;
• civil liability for damages;
• criminal prosecution where torture or unlawful detention occurs.

The Anti-Torture Act and other applicable laws may also become relevant where detainees are subjected to abuse.

Why Does This Matter?

Public confidence in policing depends on respect for the rule of law.

When innocent citizens are arrested because of their family relationships, it:

• undermines trust in law enforcement;
• discourages public cooperation;
• violates constitutional rights;
• exposes government agencies to costly litigation.

Professional policing requires evidence-based investigations—not coercion through innocent family members.

Step Rights Legal Insight

The fight against crime must never come at the expense of constitutional freedoms.

Every law enforcement agency has a duty to investigate offences diligently and bring offenders to justice. However, justice cannot be achieved through unlawful means.

Substituted arrest is not an investigative tool recognized by Nigerian law. It is a violation of the Constitution, contrary to Section 7 of the Administration of Criminal Justice Act, and inconsistent with Nigeria’s obligations under international human rights law.

Where credible evidence exists against an individual, the police have the authority to arrest that person. Where no such evidence exists, family ties alone can never justify detention.

The rule of law demands that guilt be personal, investigations be professional, and liberty be protected. Upholding these principles strengthens both public confidence in the justice system and the legitimacy of law enforcement.

Know Your Rights

✔️ The police cannot arrest you simply because your relative is wanted.

✔️ Criminal liability is personal.

✔️ Section 7 of the ACJA prohibits substituted arrest.

✔️ Unlawful detention can be challenged in court.

✔️ Victims may be entitled to compensation for violations of their fundamental rights.