Practice Area
Criminal Law
Understanding arrest, bail, charges and your defence
Overview
Criminal law deals with conduct the state treats as an offence and punishes. In Nigeria, offences are found in the Criminal Code (mainly in the southern states), the Penal Code (mainly in the northern states) and federal laws such as the Cybercrimes Act and the laws that set up the EFCC and ICPC. Procedure in federal courts and the FCT follows the Administration of Criminal Justice Act 2015, and every state now has its own Administration of Criminal Justice Law modelled on it. The Constitution protects the rights of anyone who is arrested or charged. We advise and represent people at every stage, from police invitation to appeal.
Learn about Criminal Law
Criminal law is about conduct the state treats as a wrong against society. Unlike a civil dispute, the case is brought by the state, and a conviction can lead to a fine, imprisonment or other penalties.
- Allegation: someone says an offence happened. On its own, this proves nothing.
- Investigation: the police or another agency gathers evidence, and may invite or arrest people.
- Charge: a formal accusation filed in court that says which offence is alleged.
- Prosecution: the process of presenting the case in court against the accused.
- Conviction: a finding of guilt by the court, after a plea of guilty or a trial. Until then, the accused is presumed innocent.
This information is provided for general educational purposes only and does not constitute legal advice. Laws and legal requirements may vary depending on the circumstances and jurisdiction. Please consult a qualified lawyer for advice about your specific situation.
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Frequently Asked Questions
Do I have to answer police questions without a lawyer?
The Constitution gives an arrested person the right to remain silent and to avoid answering questions until they have consulted a lawyer or another person of their choice. You should still give basic identifying details and stay calm and respectful.
How long can the police hold someone before going to court?
The Constitution requires an arrested person to be brought before a court within a reasonable time. Where there is a court within 40 kilometres, that generally means one day, and otherwise two days or a longer period the court considers reasonable. A lawyer can act quickly if this is not happening.
Is police bail free in Nigeria?
The law does not allow the police to charge a fee for bail. A suspect is released on a written undertaking to return, sometimes with a surety, and no payment should be demanded for it. If money is demanded, note the details and speak to a lawyer.
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Disclaimer: The information on this page is general in nature and does not constitute legal advice. No lawyer-client relationship is created by reading this page. Please book a consultation for advice specific to your situation.