INTRODUCTION
Law enforcement agencies are vested with powers to arrest persons who have committed or are reasonably suspected of having committed, an offence; but that power is not absolute. It must be exercised within the limits imposed by the Constitution and other applicable laws.
Unfortunately, the power of arrest is sometimes exercised as though it were unrestricted. Among other abuses, law enforcement agencies are increasingly being used as instruments for debt recovery and for converting essentially civil disputes into criminal matters, sometimes for pecuniary interests and to the detriment of persons who may have committed no offence. The courts have repeatedly expressed concern over this practice.
The situation has become so troubling that Nigerians and other residents have become wary of dealing with law enforcement agents for fear of arbitrary arrest and detention. This paper examines the legal framework governing arrest and detention in Nigeria, with particular emphasis on the circumstances in which a person may lawfully be arrested and detained despite maintaining that he or she has committed no offence. The Nigeria Police Force is used as the principal law enforcement institution for purposes of discussion.
This is such an insightful and well-written piece. Very informative and thought-provoking. Well done.
Enjoyed every piece of it. Keep it up.