₦airaland Forum

Right Not To Make Statement Until You See Your Lawyer

Section 35 subsection 2 of the 1999 Constitution (as amended) states as follows:

“Any person who is arrested or detained shall have the right to remain silent or avoid answering any question until after consultation with a legal practitioner or any other person of his own choice”.

This constitutional provision has been quoted verbatim so you can be sure it is not fiction. It is a constitutional guarantee that you have a right not to answer any question or make any statement until you see your lawyer or any other person you wish to see. Do not let the Police or other security agency intimidate or harass you. If you believe answering any question or making a statement before you see your lawyer can incriminate you, then don’t do it. Insist that you want to remain silent until you make your consultations.

This provision has been further enlarged by the Lagos State ACJL 2011 which provides in Section 3 as follows:

The Police Officer or the person making the arrest or the Police Officer in charge of a police station or any Law Enforcement Agency, shall inform the person arrested of his rights to:
a. Remain silent or avoid answering any question until after consultation with a legal practitioner or any other person of his own choice;
b. Consult a counsel of his choice before making or writing any statement or answering any question put to him after arrest.

The ACJA 2015 has an almost verbatim provision in Section (6)2, and this is the law that applies throughout Nigeria. So, be informed that it is your right.