Under the Nigerian Constitution, an accused person in detention has the following rights:
Fundamental Rights (Chapter IV, Nigerian Constitution):
1. Right to Life (Section 33)
2. Right to Dignity (Section 34)
3. Right to Personal Liberty (Section 35)
4. Right to Fair Hearing (Section 36)
5. Right to Freedom from Torture (Section 34)
6. Right to Freedom from Discrimination (Section 42)
Specific Rights for Accused Persons:
1. Right to be informed of the charges (Section 35(3))
2. Right to bail (Section 35(4))
3. Right to counsel (Section 36(6))
4. Right to speedy trial (Section 36(4))
5. Right to be presumed innocent (Section 36(5))
6. Right to freedom from arbitrary arrest and detention (Section 35(1))
Rights during Detention:
1. Right to humane treatment (Section 34)
2. Right to medical attention (Section 34)
3. Right to food, water, and shelter (Section 34)
4. Right to communication with family and lawyers (Section 35(2))
5. Right to be detained in a humane facility (Section 34)
Constitutional Provisions:
1. Section 35(1): “Every person shall be entitled to his personal liberty…”
2. Section 36(1): “In the determination of his civil rights and obligations…”
3. Section 36(4): “Every person who is charged with a criminal offence shall be entitled to a fair hearing…”
Nigerian Laws and Regulations applicable to the accused:
1. Administration of Criminal Justice Act (2015)
2. Police Act (2004)
3. Prisons Act (2004)
4. National Human Rights Commission Act (1995)
International Human Rights Instruments applicable to the accused:
1. African Charter on Human and Peoples’ Rights
2. International Covenant on Civil and Political Rights
3. Universal Declaration of Human Rights
Remedies for the accused in detention:
1. Fundamental Rights Enforcement Procedure Rules (2009)
2. Judicial review
3. Appeal to higher courts
4. Petition to National Human Rights Commission
