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By Step Rights Magazine | Legal Education | 5 September 2026
A person living in Lagos receives a telephone call from police officers in Kwara State asking him to report over a petition. Or police officers investigating a complaint in Abuja travel to Oyo State to arrest a suspect.
Can the police legally cross state boundaries to make an arrest?
The short answer is yes — but the arrest must still have a lawful basis.
Nigeria does not operate 36 completely independent state police forces under the present federal policing structure. The Nigeria Police Force is a national institution, and the fact that a complaint was made in one state does not, by itself, prevent police officers from investigating or lawfully arresting a suspect found in another state.
A police arrest in another state in Nigeria can raise important questions about jurisdiction, procedure and the rights of the person being arrested
However, crossing a state boundary does not remove the constitutional safeguards governing arrest, detention, warrants and criminal proceedings.
A Complaint in Another State Can Trigger an Investigation
Suppose Mr A lives in Kwara State and reports to the police that Mr B, who lives in Oyo State, committed a criminal offence against him.
The police are not automatically prevented from investigating simply because Mr B lives in another state.
Section 38 of the Nigeria Police Act 2020 gives police officers powers to arrest without a warrant in specified circumstances, including where an officer reasonably suspects a person of having committed an offence against a law in Nigeria, subject to limitations imposed by the law creating the particular offence.
But there is an important point:
A petition or allegation is not the same thing as proof of guilt.
The police must distinguish between a genuine allegation of criminal conduct and a dispute that is essentially civil.
The fact that somebody has written a petition against another person does not automatically make the person complained against a criminal.
Related Article: Can the Police Arrest a Relative Because a Suspect Is Missing? Understanding the Law on “Substituted Arrest” in Nigeria
Can Police Officers Cross From One State to Another to Arrest Someone?
Yes.
Section 77(2) of the Nigeria Police Act 2020 provides that a warrant of arrest may be executed by a police officer at any time and in any place in any state, except within an actual courtroom while the court is sitting.
The Administration of Criminal Justice Act 2015 contains a similar provision in Section 43.
It provides that a warrant may be executed by a police officer at any time and in any place in any state, subject to the statutory exception concerning a courtroom in session.
Therefore, the mere argument:
“The police came from another state, so they cannot arrest me here”
is not, by itself, a valid legal defence against an otherwise lawful arrest.
The real questions should be:
Why is the person being arrested? Is there reasonable legal ground for the arrest? If a warrant is being relied upon, was it lawfully issued? And are the officers following the required procedures?
Does Every Interstate Arrest Require an Warrant in Nigeria?
No.
This is another important distinction.
Nigerian law permits police officers to arrest without a warrant in certain circumstances.
Under Section 38 of the Nigeria Police Act 2020, this includes circumstances where an officer reasonably suspects that a person has committed an offence, subject to the provisions of the law creating the offence.
Consequently, the absence of an arrest warrant does not automatically make every arrest illegal.
An arrest warrant in Nigeria may be issued by a competent court where the legal requirements for issuing the warrant have been satisfied
On the other hand, where police officers say that they are acting pursuant to a court-issued warrant, there are legal requirements governing that warrant and its execution.
A Court Warrant Is Not Just a Piece of Paper
The Nigeria Police Act places safeguards around arrest warrants.
Section 73 provides that an arrest warrant should not initially be issued on a complaint or statement unless that complaint or statement is made on oath by the complainant or a material witness.
Section 75 further provides that a warrant may be directed to a named police officer or to all police officers and generally remains in force until it is executed or cancelled by a judge or magistrate.
This means citizens should not assume that every document presented as an “arrest warrant” is automatically valid.
The authority of the issuing court, the underlying complaint, the identity of the person named and compliance with applicable criminal procedure remain important.
Must Police Show You the Warrant?
Where officers are executing a warrant, Section 77(3) of the Police Act requires the officer, before arrest, to inform the suspect that there is a warrant for the arrest, unless there is reasonable cause not to do so because disclosure could lead to escape, resistance or rescue.
The law also recognises that the officer executing the warrant may not physically have the warrant in hand at the exact moment of arrest.
That does not automatically invalidate the arrest.
The Police Act provides a mechanism for the warrant to be shown following a demand by the arrested person.
Where Should the Arrested Person Be Taken?
An interstate arrest does not give police unlimited power to move a person around the country without legal safeguards.
Where an arrest is made pursuant to a warrant, Section 77(4) of the Police Act provides, subject to constitutional and other statutory provisions, that the arrested suspect should be brought before the court that issued the warrant.
The Administration of Criminal Justice Act also specifically addresses the procedure for suspects arrested outside the division or district of the court that issued a warrant.
Applicable state Administration of Criminal Justice Laws may also need to be considered depending on the state and offence involved.
Where the Complaint Was Filed Is Not Necessarily Where the Trial Belongs
This is perhaps the most important distinction.
Police investigative reach and a court’s jurisdiction to try a criminal case are not necessarily the same question.
Someone cannot simply choose any state in Nigeria and automatically give a court there jurisdiction over an alleged offence merely by walking into a police station in that state to make a complaint.
The proper venue for criminal proceedings depends on the alleged offence, where relevant acts occurred, the applicable legislation and the jurisdiction conferred on the particular court.
For example, if two people in Oyo State allegedly become involved in conduct said to constitute an offence under an applicable Oyo State law, the fact that somebody later travels to another state to lodge a complaint does not, without more, automatically transfer jurisdiction over the alleged offence to a court in that other state.
The circumstances of each case must be examined.
Your Constitutional Rights Follow You Across State Boundaries
Whether you are arrested in Lagos, Kano, Oyo, Kwara, Rivers or any other part of Nigeria, your fundamental rights do not disappear.
Section 35 of the Constitution protects personal liberty and establishes important safeguards for arrested and detained persons.
Among other protections, an arrested or detained person has the right to remain silent or avoid answering questions until after consultation with a lawyer or another person of his choice.
The Constitution also requires an arrested or detained person to be informed in writing, within 24 hours and in a language understood by that person, of the facts and grounds for the arrest or detention.
The Constitution further requires a person arrested on reasonable suspicion of having committed an offence to be brought before a court within a reasonable time.
For this purpose, Section 35 defines reasonable time, generally, as one day where a competent court is within 40 kilometres, and two days or such longer period as a court considers reasonable in other circumstances.
An Interstate Arrest Cannot Be Used as Punishment
Police investigation is not criminal punishment.
A suspect remains presumed innocent until proved guilty according to law.
An arrest should therefore not be used to intimidate a person, punish someone before trial, enforce a purely private debt, settle personal scores or unnecessarily transport a suspect across the country merely to cause hardship.
Likewise, the existence of a petition does not give a complainant control over the police.
The police remain public law-enforcement officers and must independently determine whether the facts disclosed justify criminal investigation and any arrest.
What Should You Do If Police From Another State Come to Arrest You?
Do not physically attack or obstruct officers merely because they came from another state.
Instead, remain calm and ask for their identities, police formation and the reason for the arrest.
If they say there is a warrant, ask which court issued it and request to see it in accordance with the applicable law.
Contact a lawyer immediately.
Family members or representatives should record the officers’ names where possible, the police formation involved, the time and place of arrest and where the suspect is being taken.
If there are grounds to believe the arrest or detention is unlawful, legal counsel can urgently approach a competent court for appropriate relief.
Physical resistance to an arrest can create additional legal problems even where the original arrest is disputed.
What If the Complaint Is False?
Making a complaint does not guarantee conviction.
The police must investigate, prosecutors must establish an offence and, where a charge is brought, the prosecution must prove the case according to the required legal standard.
A person who believes an arrest or detention was unlawful may also have legal remedies.
Section 35(6) of the Constitution provides that a person who is unlawfully arrested or detained is entitled to compensation and a public apology from the appropriate authority or person.
Depending on the circumstances, an affected person may seek enforcement of fundamental rights and other remedies available under Nigerian law.
Step Rights Legal Insight
Yes, Nigerian police can lawfully arrest a suspect in one state in connection with a complaint or investigation originating in another state. State boundaries do not automatically prevent the Nigeria Police Force from carrying out a lawful investigation or arrest.
But that does not mean that every interstate arrest is lawful.
There must still be a proper legal basis for the arrest.
Where a warrant is relied upon, it must satisfy the applicable legal requirements. Where the arrest is without a warrant, it must fall within lawful powers of arrest. The suspect’s constitutional rights must be respected, detention cannot be indefinite, and the appropriate court must have jurisdiction over any eventual criminal proceedings.
Most importantly:
The location where somebody chooses to lodge a complaint does not, by itself, determine which court has jurisdiction to try the alleged offence.
Police powers to investigate across state boundaries should therefore never be confused with unlimited judicial jurisdiction.
Step Rights Magazine
Legal education is not a substitute for advice from a lawyer on the facts of an individual case. Nigerian criminal procedure may also be affected by the Administration of Criminal Justice Law applicable in a particular state.
Know your rights. Understand the law. Step in the right direction.