AI Lacks Legal Emotional Intelligence

The question is not whether AI can draft a legal document. The real question is whether it can draft the right document for the matter at hand — and whether its advice is something a human being, with everything at stake, can safely rely upon without further consultation with a lawyer.

⚖️ The Costs of AI’s Emotional Intelligence Deficit:

📜 Documents that are technically sound but humanly destructive (Wills, Deeds).

⚖️ Advice that optimizes for law while ignoring life outcomes.

📝 Misread tone and misplaced formality in correspondence.

🚨 Vulnerability blindness.

🔒 No confidentiality safeguards or enforceable professional ethics.

👉 Bottom Line: AI may produce documents that look legally correct, but it lacks the legal emotional intelligence to anticipate human consequences or protect vulnerable parties.

💡 To avoid expensive and protracted litigation, always consult an experienced lawyer before acting on AI‑generated legal documents or advice.

You can contact  Akintunde Esan (The Legal Adviser Online) for further legal illumination on legal emotional intelligence review of your AI generated legal document or advice.

Akintunde Esan (The Legal Adviser Online)

Ase Olodumare Chambers

Oshopey Plaza,

Allen Avenue,

Ikeja, Lagos State

WhatsApp: 08073828487

Phone: 09036279325

info@aseolodumarechamabers.com

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akintundeesan@gmail.com

Business, Property, Family & Employment Law — By Akintunde Esan (The Legal Adviser Online)

Understanding the law is not a luxury — it is a necessity for every family, professional, business owner, and investor in Nigeria today.

In his latest series of Legal Illuminations, Akintunde Esan — Barrister & Solicitor of the Supreme Court of Nigeria, Managing Partner of Ase Olodumare Chambers, and creator of The Legal Adviser Online — explores the legal issues that matter most to Nigerians in business, employment, family and everyday life.

The series covers:

• Land Disputes — protecting your property investment from fraud and litigation
• Commercial Litigation — what every business owner must know before disputes arise
• Business Law & Corporate Compliance — from CAC registration to ongoing regulatory obligations
• Family Law — marriage, divorce, property settlement, child custody, and maintenance
• Employment Law — judicial limits on oppressive and unlawful dismissals

These are not abstract legal theories. They are practical, experience-backed insights drawn from active legal practice — written to inform, protect, and empower.

Land Disputes in Nigeria: How to Safeguard Your Investment & Resolve Conflicts

Investing in land in Nigeria can be a rewarding venture, but it also carries significant risks. Many hardworking Nigerians, in search of secure investments, have […]Read more

Published by  Akintunde Esan (The Legal Adviser Online) on  November 23, 2025

Commercial Litigation in Nigeria: What Every Business Owner Needs to Know

Introduction Navigating the complexities of the business world in Nigeria inevitably leads to disputes, from unpaid invoices and broken contracts to partnership conflicts and intellectual property […]Read more

Published by  Akintunde Esan (The Legal Adviser Online) on  November 20, 2025

Mastering Business Law in Nigeria: From CAC Registration to Corporate Compliance

Introduction Starting and managing a business in Nigeria requires more than just vision — it demands compliance with legal and regulatory frameworks. From CAC registration in […] Read more

Published by  Akintunde Esan (The Legal Adviser Online) on  November 18, 2025

Nigerian Family Law Explained: Marriage, Divorce, Property Settlement, Child Custody, and Maintenance

Family law touches the most personal aspects of our lives — marriage, separation, property, and the welfare of children. In Nigeria, these issues are governed primarily […] Read more

Published by  Akintunde Esan (The Legal Adviser Online) on  November 15, 2025

Court Limits Employer’s Right to Terminate: No Room for Oppression in Dismissals

Employment is more than a contract; it is the foundation of livelihood, dignity, and professional identity. When termination is carried out recklessly, maliciously, or […] Read more

Published by  Akintunde Esan (The Legal Adviser Online) on  November 15, 2025

Employment Law Update: Courts Reinforce Protection Against Oppressive Dismissals

Introduction The right of an employer to terminate an employment contract is not absolute—it must be exercised with fairness and respect for the dignity of the […] Read more

Published by  Akintunde Esan (The Legal Adviser Online) on  November 15, 2025

The Legal Adviser Online: Your Digital Legal Partner

LEGAL ADVICE ONLINE ON FAMILY LAW, PROPERTY LAW AND BUSINESS LAW IN NIGERIA

The Legal Adviser Online provides legal advice to Nigerian Families, Property Owners and Entrepreneurs.

• Legal advice on Family Law on marriage, divorce, child custody, child adoption, child abuse and child maintenance
• Legal advice on Property Law to property owners and prospective property purchasers or buyers
• Legal advice on Business Law to entrepreneurs or prospective entrepreneurs

Chat with Akintunde Esan: The Legal Adviser Online on Whatsapp @ 08073828487 or call 09036279325

NINE PROHIBITED WAYS TO OWN OR POSSESS A LAND

This edition of the Legal Illumination of Akintunde Esan known as (The Legal Adviser Online) is focused on the illegal, violent and fraudulent land possessions and land grabbing and related activities prohibited under the Lagos State Property Protection Law referred to as “the Law”.

The Law was enacted on the 15th day of August, 2016 to address issues like forceful entry, illegal occupation of landed property, violent and fraudulent conducts in relation to landed properties in Lagos State. 

The following are the illegal, violent and fraudulent land grabbing or land  possession conducts prohibited under the Law. 

1. Prohibition of Forceful Land Take Over:

a. It is a criminal offence for any person to use force or self-help to take over any landed property in Lagos State. The offender is liable to ten (10) years imprisonment, if found guilty.

b. It is a criminal offence for any person to engage in any act inconsistent with the proprietary rights of the owner of a property. The offender is liable to ten (10) years imprisonment, if found guilty.

2. Prohibition of Entry by Violence:

a. It is a criminal offence for any person without lawful authority to use or threaten violence for the purpose of securing entry into a landed property. The offender is liable to ten (10) years imprisonment, if found guilty.

b. A person’s right to possession or occupation of a property does not constitute a lawful authority for the use of threat of violence for the purpose of securing entry into the property. The offender is liable to ten (10) years imprisonment, if found guilty.

c. Any person who makes use of or carries any firearms, offensive weapons or obnoxious or chemical materials to gain or make a forceful entry into any landed property in Lagos State  is liable to four (4) years imprisonment, if found guilty.

3. Prohibition of Illegal Occupation of Property:

a. It is a criminal offence to occupy a property without the owner's consent or overstaying after lawful permission expires. The offender or encroacher who refuses to vacate after being asked by the owner is liable to a fine up to five million naira (₦ 5 million naira) or imprisonment for up to five (5) years, if found guilty.

b. Note that any person who derives title from an encroacher or a license or right given by an encroacher is also deemed under the Law as an encroacher. 

c. It is an additional criminal offence for an encroacher to be in possession of a firearm or a weapon. The offender or offender is liable to ten (10) years imprisonment, if found guilty.

4. Prohibition of Illegal Use of Law Enforcement Agents:

a. Prohibits law enforcement agents, vigilante group, militia from executing judgement of a Court in respect of any landed property except as provided for under the Sheriff and Civil Processes Act or any other Law.

b. It is a criminal offence for any Legal Professional or any professional to facilitate the execution of a landed property judgment without following due process as provided under the Sheriff and Civil Processes Act or any other Law.

5. Prohibition of the Sale of Landed Property without Title or Authority:

a. It is a criminal offence for a person to offer for sale or sale any property which a person has no lawful title to the property or the lawful authority of the owner to sale or offer the property for sale. The offender or vendor is liable to five (5) years imprisonment or a fine of five hundred thousand naira (N 500,000) if found guilty.

 

b. It is a criminal offence for a person to sell to another person a landed property that has been previously sold by the person or agent of the person. The offender or vendor is liable to a fine not exceeding 100% of the value of the property or to five (5) years imprisonment or both, if found guilty and the property shall revert to the lawful owner.

6. Prohibition of  the Sale of Family Land or Property without Authority:

a. It is a criminal offence for any person to sell or cause to be sold a family land, property or any part of it without the consent or authority of the family head and other accredited members of the family. The offender or vendor is liable to twenty-one (21) years imprisonment. if found guilty.

7. Prohibition of Illegal and Fraudulent Landed Properties Contractual Agreement:

a. It is a criminal offence for any Legal Professional to facilitate the execution of a Deed of Assignment or Deed of Transfer or Lease or any landed property contractual agreement in contravention of the Law. 

b. Where a Legal Practitioner is found guilty under the Law, the offender shall be reported to the relevant professional body for professional misconduct and necessary action.

8. Prohibition of Frivolous and Unwarranted Petition:

a. The Law prohibits the writing of frivolous and unwarranted petitions to any Law Enforcements Agency

b. Presenting false documents to claim ownership is prohibited, with penalties including imprisonment.

9. Prohibition of  Demand for Fee or Levy in respect of Construction Activities:

a. It is a criminal offence to demand for fee or levy in respect of construction activities on any property, disrupt or obstruct construction work. The offender is liable to two (2) years imprisonment or a fine of N 1,000,000 (one million naira) years, if found guilty.

b. However, the Law permit land owning families under the authorisation of the family head to demand for customary fee for possession (in the name of foundation levy) from buyers, or ratification fee pursuant to judgment of a Court of competent jurisdiction.

Task Force and Enforcement Unit

a. The Law did not just criminalise the use of thugs to intimidate occupants or seize property, it went further to establish a Task force Unit responsible for the enforcement of the Law with the aim of protecting property owners and investors from harassment, exploitation, and intimidation by land grabbers.

b. This Task Force Unit receives and handles Complaints and Petitions involving land grabbing from affected landed property owners. 

c. The Task Force Unit has the power to effect the arrest of any offender under the Law as well as any other law enforcement agency in Lagos State.

Mandatory Court Order for Eviction:

a. Given that, it is both a civil and a criminal offence to use self-help or force to take over the possession of a landed property from any person in possession, the eviction of anyone or a trespasser or a squatter or an illegal occupant in possession of a landed property must follow the due process of the law, which is applying for an eviction order from a Court of competent jurisdiction.

b. You may contact “The Legal Adviser Online” (Akintunde Esan) for further legal illumination or legal advice on how to legally evict an illegal occupant or occupants of your landed property in Lagos State and in Nigeria as well as on how to write a Complaint or a Petition against a land grabber or an illegal occupant under the Law.

Email: akintundeesan@gmail.com

WhatsApp: + 234 - 08073828487

Phone Contact: + 234 - 09036279325 

THE ENFORCEMENT NOTICES ISSUED FOR CONTRAVENTION OF LAGOS STATE BUILDING LAW AND REGULATIONS

1. Introduction

This edition of the Legal Illumination of Akintunde Esan (known as “The Legal Adviser Online”) is focused on the enforcement notices issued by Lagos State Agencies responsible for the enforcement of Lagos State Building Law and Regulations.

2. Building and Planning Law and Regulations

The Lagos State Urban and Regional Planning and Development Law, Cap U2. Laws of Lagos State, 2015 (LSURPDL) is the primary legislation governing building and regional planning in Lagos State. There are also three primary Regulations regulating building and regional planning in Lagos State which are:

a) The Lagos State Physical Planning Permit Regulations, 2019, (LSPPPR): LSPPPR outlines the requirements for obtaining a building permit in Lagos State.

b) The Lagos State Building Control Regulations, 2019 (LSBCR): LSBCR focuses on ensuring that buildings are constructed safely and in compliance with approved plans.

c) The Lagos State Urban Renewal Regulation, 2019 (LSURR): LSURR focuses on rehabilitating and upgrading of urban areas to improve living condition and ensure sustainable development.

3. Building and Planning Regulatory Agencies

The Lagos State Urban and Regional Planning and Development Law also established three Regulatory Agencies/Authorities which are:

a) Lagos State Urban Renewal Agency  (LSURA): LSURA is established to monitor and identifying areas qualified for upgrading and advising the State Government on redevelopment or renewal programmes.

b) Lagos State Building Control Agency (LASBCA): LASBCA is responsible for enforcing building control regulations, regulating and inspecting all building construction, ensuring that, they comply with building regulations and standards.

c) Lagos State Physical Planning Permit Authority (LASPPPA): LASPPPA is responsible for the processing and issuance of all planning and building permits in Lagos State and the monitoring and ensuring compliance with the provisions of LSPPPR.

4. Enforcement Notices

Under LSURPDL, an Enforcement Notice is a formal notification issued by Lagos State Regulatory Authorities or Agencies referred to above (LASBCA, LASPPPA or LSURA) to property owners, developers, or occupiers who violate building or planning law and regulations.

Pursuant to the provisions of Section 59 of LSURPDL, Building Regulatory Agencies in Lagos State (LASBCA, LASPPPA and LSURA) have the powers to enforce the relevant Building Law or Regulations in Lagos State by issuing and serving on any identified violator of the Law or Regulations any of the following statutory Enforcement Notices:

a) Contravention Notice;

b) Stop Work Order,

c) Quit Notice;

d) Seal Off Order;

e) Demand Notice;

f) Regularisation Notice; 

g) Demolition Notice; and

h) Pre-Construction Notice

i. Contravention Notice

If upon a routine inspection of a property, it is observed that the provision of the Lagos State Urban and Regional Planning and Development Law has been contravened LASBCA would issue Contravention Notice to the developer or owner of the property stating the contraventions such as unauthorized construction, deviations from approved plans, or unsafe building practices.

The Contravention Notice would state as follows:

a) If you disagree with the Notice, you are requested to bring all documents in support of your position including your Planning Permit to the undersigned within 48 hours of the service of this Notice on you.

b) If you do not disagree the contravention, you are hereby ordered to restore the land to its original state by removing the said contravention.

c) Failure to remove the said contravention within.................days from the date of service of the Notice, the said contravention shall be demolished after the service of Demolition Notice on you.

ii. Stop Work Order Notice:

The Regulatory Agencies have the power to issue and serve a Stop Work Order Notice which is often issued alongside Contravention Notice demanding that a developer should stop further development on the land or stop ongoing construction projects on the ground that:

a) The building under construction is not authorised.

b) The development does not have evidence of planning permit from the Lagos State Physical Planning Permit Authority

c) The development is defective or poses danger to the owner/developer/occupier or public or constitutes nuisance to the owner/developer/occupier or public.

The Stop Work Order Notice would request that within 48 hours you produce all relevant documents pertaining to the site and that the failure to comply with will attract appropriate sanctions.

iii. Quit Notice

A Quit Notice may be issued and served on the developer or occupier of any completed and occupied shanty, temporary structure, defective or distressed and unauthorised development by LASBCA. The Quit Notice is usually issued sequel to the following:

a) Inspection of the Property

b) Contravention Notice

c) Stop Work Order Notice

d) Demolition Order Notice

iv. Seal Off Order Notice

LASBCA has the power to seal up abandoned properties or an illegal development after seventy-two (72) hours of the service of a Seal up Notice or any structure identified to be of danger to public safety immediately;

The Seal Off Order Notice usually states that a building shall be sealed off pursuant to the provisions of LSBCR upon the expiration of 48 hours ultimatum given under any of the following Notices:

a) Contravention Notice

b) Stop Work Order

c) Quit Notice

Upon the sealing of the property any unauthorised entry will attract appropriate sanctions as prescribed under LSURPDL.

Note that Abatement Notice may be issued for immediate action to remedy hazards such as unsafe structures, fire risks or environmental violations. This is commonly used by the Lagos State Safety Commission for non-compliance with safety laws.

v. Demand Notice:

This is a request for the submission within 30 days, the General Contractors' All Risk Insurance / Building Insurance Policy of your building. The failure to comply within the stipulated time will attract the penalty as stipulated in the law.

vi. Regularisation Notice

A Regularisation Notice is usually issued further to a Contravention Notice and it will state that you are requested to regularise the contravention within ninety (90) days of the service of the Regularisation Notice.

It would state further that, the failure to regularise the said contravention within NINETY days from the date of service of the Notice, the said contravention shall be demolished after the service of Demolition Notice on you.

vii. Demolition Notice

A Demolition Notice is issued following the failure to comply with the instructions contained in the Contravention Notice, The Demolition Notice will state that if the said contravention in the Notice such as lack of permits or deviations from approved plans or an illegal or non-conforming structures like buildings under powerlines or a defective construction is not removed within the stipulated days from the date of service of the Notice, the said contravention shall be demolished and the cost of such demolition recovered from the owner or developer of the property.

viii. Pre-Construction Notice

The owner or developer of a property is required to notify LASBCA 7 days before commencing construction, submitting documents like architectural drawings and permits. The failure to provide this Notice may result in penalties, including fines or revocation of permits.

5. Process for issuing Enforcement Notices

a) Inspection: The Regulatory Agencies or Authorities inspect the property and identify violations.

b) Notice Issuance: Served via personal delivery, registered mail, or affixed to the property (Section 60).

c) Compliance Period: State the days within which to rectify the breach or appeal the notice.

d) Follow-Up: The relevant Agency may also issue Green Stickers to certify compliance after inspections.

6. Dispute Resolution Mechanism:

An aggrieved developer or owner can challenge an Enforcement Notice by filing an appeal to the Physical Planning and Building Control Agency Appeals Committee or the High Court.

7. Conclusion

As expounded above, the legal implication of the failure to comply with an Enforcement Notice may result in penalties such as fines, sealing of the premises, stopping of construction on site, demolition of structures, or prosecution. Thus, you are advised to:

a) Always verify compliance with approved plans and permits before starting construction.

b) Respond promptly to an Enforcement Notice to avoid penalties.

c) Consult with the relevant Regulatory Agency/Authorities or consult a Property Lawyer for advice on how to resolve the contravention issues.

If you have been served with an Enforcement Notice, you may contact or consult with Akintunde Esan (The Legal Adviser Online) for further legal illumination or legal advice on Enforcement Notices and the available dispute resolution mechanism.

WhatsApp: 08073828487

Mobile: 09036279325

Email: akintundeesan@gmail.com

FIFTEEN ACTS OF LEGAL POSSESSION OF A LAND IN NIGERIA

In land law and land litigation in Nigeria, it is settled law that, a Claimant who succeeds in proving acts of possession in Court can obtain judgment claiming trespass to the land. Acts of possession and enjoyment of land could be evidence of ownership or of right of occupancy. Thus, they are crucial in determining claims to a land, especially in land disputes cases.

This edition of the Legal Illumination of Akintunde Esan known as the Legal Adviser Online is on fifteen acts of possession of a land in Nigeria  which, if proved in Court could lead to the Claimant obtaining judgment on the ground of trespass, even if the claim for declaration of title fails.

The acts of possession must be overt, visible, and consistent with the nature of the land. Where a Claimant proves sufficient acts of possession, the burden is thrown on the Defendant under Section 145 of the Evidence Act, 2011 to prove the contrary.  

Below are some recognised acts of legal possession under Nigerian land law and in land litigation in Nigeria until proven otherwise:

1. Fencing or Enclosing the Land

Erecting a fence, wall, or other boundary markers around the land is a clear act of possession. It demonstrates control and intention to exclude others from the property.

2. Building or Construction

Constructing a house, shed, or other structures on the land is a strong indication of possession. The nature and permanence of the structure may influence the weight given to this act.

3. Cultivation or Farming

Clearing, cultivating, or farming the land (e.g., planting crops, tilling the soil) is considered an act of possession, especially in rural areas where agricultural use is common.

4. Payment of Tenement Rates or Taxes

Paying government-imposed taxes or rates on the land (e.g., ground rent, tenement rates) can be evidence of possession and ownership.

5. Leasing or Renting Out the Land

Granting leases or renting the land to tenants demonstrates control and possession over the property.

6. Granting Permission for Use

Allowing others to use the land for specific purposes (e.g., grazing, temporary structures) while retaining control is an act of possession.

7. Exercising Control over the Land

Acts such as preventing trespassers, maintaining the land, or making improvements (e.g., drainage, landscaping) show possession.

8. Erecting Signage or Notices

Placing signs or notices indicating ownership or control over the land (e.g., "Private Property," "No Trespassing") can be evidence of possession.

9. Long and Continuous Use

Long-term, uninterrupted use of the land without challenge from others can be evidence of possession, especially in cases of adverse possession (squatters' rights).

10. Granting Easements or Rights of Way

Granting or receiving rights of way or easements over the land can demonstrate possession and control.

11. Filing a Survey Plan

Conducting a survey and filing a survey plan with the relevant land registry is a formal act of possession and claim to the land.

12. Instituting Legal Action

Taking legal action to protect the land from encroachment or trespassing is a clear act of asserting possession.

13. Use of the Land for Economic Activities

 Using the land for economic purposes, such as mining, logging, or setting up a business, demonstrates possession.

14. Physical Occupation

 Living on the land or using it as a residence is a strong act of possession.

15. Acts Consistent with Ownership

Any other acts that are consistent with ownership and control of the land, depending on the nature and location of the property.

The type of conduct which indicates possession vary with the type of land. Thus, these acts are evaluated in the context of the specific circumstances of each case, and courts will consider the totality of evidence to determine possession.

In conclusion, the strategic importance of the acts of possession is that, the claim for damages for trespass is not dependent on the claim for a declaration of title as the issues to be determined on the claim for trespass are whether the Claimant had established actual possession of the land and the Defendant’s trespass on it which are quite separate and independent issues to the claim for a declaration of title; while a claim for injunction is also not necessarily bound to fail after a claim for a declaration of title fails, provided the area of land in respect of which an injunction is sought is clearly defined and ascertained.

For more legal illumination or legal advice on the acts of possession of land that qualify as legal acts of possession of land in Nigeria, you may contact Akintunde Esan (The Legal Adviser Online) via his:

Email: akintundeesan@gmail.com. 

WhatsApp: + 234 - 08073828487

Phone Contacts: + 234 - 09036279325 

List of Authorities

Okechukwu v. Okafor [1961] 1 ALL NLR 685, Ekweozor & Ors v. The Registered Trustees of Saviours Apostolic Church of Nigeria (2014) LPELR-23572(CA), Ajadi v. Olarewaju (1969) LPELR-25566(SC), Omotoso v. Olalekan (2018) LPELR-44333(CA), Iseogbekun & Anor v. Adelakun & Ors (2012) LPELR-15516(SC), Ogbechie v. Onochie 1988 1 NWLR part 70 page 370, Nwosu v. Udeaja 1990 1 NWLR part 125 page 188 Obosi Development Union v. Elebor (2018) LPELR-46657(CA), Dagaci of Dere & Ors v. Dagaci of EBWA & Ors (2006) LPELR-911(SC), Ekweozor & Ors v. The Registered Trustees of Saviours Apostolic Church of Nigeria (2014) LPELR-23572(CA).  

FIVE ACCEPTABLE EVIDENCE OF ADULTERY IN COURT IN NIGERIA

It is noteworthy that, not all evidence are admissible or acceptable in the Court of law. This edition of the Legal Illumination of Akintunde Esan known as the Legal Adviser Online is on the five acceptable or admissible evidence to prove adultery in a divorce case in Court in Nigeria.

It is axiomatic that adultery is essentially an act which can rarely be proved by direct evidence. It is a matter of inference and circumstances. The law has thus, set down certain conditions from which adultery can be inferred and these are:

1. Evidence of disposition and opportunity for sexual intercourse with a person other than the spouse; 

2. General cohabitation - Where it is established that there is a state of general cohabitation between a man and a woman, adultery is presumed between them;

3. Confession and admission of adultery;

4. Entry in Register of Birth - Entry of birth by the wife which omits the name of the child's father or simply gives a name other than the husband amounts to an admission of adultery; and 

5. Frequent visits to hotels 

Erhahon Vs Erhahon (1997) 6 NWLR (pt 510) 667 and Alabi Vs Alabi (2008) All FWLR (Pt 418) 245. Per Abiru ,J.C.A in Ibeabuchi v. Ibeabuchi (2016) LPELR-41268(CA)  (Pp. 32-33 paras. F)

For more legal illumination or legal advice on the legal aspect of adultery or the acceptable or admissible evidence of adultery in Court in Nigeria you may contact Akintunde Esan (The Legal Adviser Online) via his:

Email: akintundeesan@gmail.com. 

WhatsApp: + 234 - 08073828487

Phone Contacts: + 234 - 09036279325 

TEN RIGHTS OF A PERSON ARRESTED BY THE POLICE IN NIGERIA

There are a lot of civilised laws in Nigeria, the problem is the uncivilised minds in our law enforcement system saddled with the responsibility of enforcing these laws. The Nigeria Police Act enacted in 2020 is one of such civilised laws. The Act contains the systemic codification of the human rights of suspects or any person arrested by the Police or in Police custody in Nigeria.

Thus, this edition of the Legal Illumination of Akintunde Esan known as (The Legal Adviser Online) is focused on the said codified and statutory rights and protection of suspects or any person arrested by the Police or in Police custody in Nigeria.

The following are the rights of a suspect or any person arrested by the Police or in Police custody in Nigeria under the Nigeria Police Act, 2020:

1.        Right to Information:

 

Under Section 35, a suspect must be informed of the reason for their arrest and their rights upon arrest.

 

2.        Right to Silence:

 

Section 36 protects the suspect's right to remain silent and not answer any questions until they consult with a legal practitioner or a person of their choice.

3.        Right to Legal Representation:

 

Section 36 also ensures that a suspect can consult with a legal practitioner of their own choice before making any statements or answering any questions after the arrest. They may also have access to free legal representation where applicable.

4.        Right to Contact Relatives:

 

As per Section 35, the police must notify a suspect's next of kin or relatives immediately after the arrest.

5.        Right not to be arrested  by Proxy

 

Section 32 expressly provides that “No person shall be arrested in place of any other person”

 

6.        Right not to be arrested for a Civil Wrong

 

Section 32 also provides that:”A person shall not be arrested for committing a civil wrong or breach of contract”. A civil wrong typically includes matters like debt disputes, property disputes and breach of agreements which are meant to be resolved through civil litigation and not treated as criminal offences

 

7.        Right to Humane Treatment:

 

Section 36 emphasizes that suspects shall not be subjected to torture, cruelty, inhumane, or degrading treatment.

8.        Right to Make Statements:

 

According to Section 36, a suspect's statement can only be taken if they wish to give one and it should be done in the presence of their legal practitioner or a person of their choice.

9.        Right not to be detained for more 24 Hours:

 

Section 29 states that, a suspect is not to be detained for more than 24 hours.

 

10.     Right to apply for Bail in Court

 

Section 29 states that, if a suspect is detained for more than 24 hours and the offense is not a capital offense, his or her lawyer or relatives can inform any court with jurisdiction to try the matter. The court shall order the production of the suspect and inquire into the matter. Where it is convinced that the suspect should be released on bail, the court shall admit him to bail.

 

For further legal illumination or legal advice on the rights of a suspect any person arrested by the Police or in Police custody in Nigeria you may contact Akintunde Esan (The Legal Adviser Online)