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For decades, encounters with the Nigerian police were governed more by fear than by law. Arrests without explanation, detention for civil debts, denial of bail and searches based on appearance were widely seen as normal. That reality, experts say, is no longer permitted by the new law.
The Police Act 2020 fundamentally altered the rules of engagement between citizens and law enforcement by introducing enforceable rights, strict timelines for detention and formal accountability mechanisms.
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Yet, as a recent town hall meeting in Uyo, the Akwa Ibom State capital, revealed, many Nigerians remain unaware that the balance of power has legally shifted.
It was this gap between law and real-life experience that Partners West Africa Nigeria (PWAN), formerly known as the Rule of Law and Empowerment Initiative, sought to address at a one-day public town hall on human rights and the Police Act 2020, held on 2 February in Akwa Ibom State.
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Why the Police Act 2020 matters
In her opening remarks, PWAN Programme Officer, Aisha Abubakar, acknowledged that while Nigeria has taken a promising step by replacing the old Police Act with a more rights-based law, reforms mean little if citizens and officers do not understand them.
“Laws alone do not change institutions. People do,” Ms Abubakar said.
According to her, the town hall was designed to translate legal provisions into everyday knowledge, particularly for communities and individuals who have historically borne the brunt of police excesses.
“This is about deepening the understanding of both rights and responsibilities,” she added.
That understanding, participants were told, begins with recognising how radically different the new law is from the old Police Act Cap P19 of 2004.
In a detailed presentation, Chief Magistrate Glory Udonnah described the former law as offering “limited protection for citizens,” with vague arrest powers, no structured complaints mechanism, and weak accountability.
Mrs Udonnah said, “The Police Act 2020 changes that narrative. It has a strong human rights focus, clear arrest procedures, a Police Complaints Response Unit and a community policing framework. It protects you while helping the police serve you better.”
What should change on the street?
At the core of the new law, Mrs Udonnah explained, is Section 1, which sets out the general objectives of policing in Nigeria. Under it, police officers must explain their actions, be answerable to the public and work with communities rather than against them. She said fundamental rights apply in every police interaction.
When stopped by the police, citizens now have explicit protections under Section 35, which requires officers to immediately state the reason for stopping or arresting a person.
Suspects may refuse to answer questions until they consult a lawyer, demand legal representation before making statements, and insist that the Legal Aid Council provided by the government be informed if they cannot afford a lawyer. Police are also legally required to notify a suspect’s next of kin of the arrest at no cost.
“These rights apply whether you are guilty or innocent. But you must be courteous too while talking to the police,” the magistrate advised.
In a society where those arrested are often slapped and beaten by the police, arrest procedures, covered under Sections 32 to 37, further limit police discretion and arbitrariness; officers must take suspects to the station immediately, properly document arrests, allow access to lawyers and family, and treat suspects humanely. Torture, degrading treatment and unnecessary handcuffing are expressly prohibited.
Also important are what police officers can no longer do. They cannot arrest individuals for civil debts. Such matters are now reserved for small claims courts, which the magistrate said should be found in every magistrate’s court. Substitute arrests, excessive force, indefinite detention and searches without justification are illegal.
“These are legal requirements, not favours,” Mrs Udonnah warned.
Detention, bail and the 24-hour rule
Perhaps the most surprising change for many participants was the strict limit on detention. Under Section 62, a suspect can be held for a maximum of 24 hours without being taken to court or released on bail. A suspect can apply directly to the court for bail if detained by the police for more than 24 hours.
Bail itself is no longer discretionary for most offences. For non-capital offences, bail is automatic and must be granted within 24 hours if the suspect cannot be taken to court. Bail may be granted on recognisance, which is a simple written promise to appear, with or without sureties.
“No automatic bail only applies to capital offences,” the magistrate explained, listing crimes such as murder, armed robbery, treachery, instigating the invasion of Nigeria, trial by ordeal and treason. Even then, suspects must be taken before a court, which determines bail.
She asked citizens to demand explanations whenever bail is refused and report such cases to magistrates, as provided under Section 64.
“Bail is not punishment. It is a commitment to appear. If you fail, the amount is forfeited. But bail itself must not be weaponised,” Mrs Udonnah said.
Searches, statements and dignity
The Police Act 2020 also imposes strict rules on searches and statements. Before conducting a search, officers must identify themselves, state their station, explain the objective and legal grounds for the search, and be in uniform or display a valid ID.
Searches must minimise embarrassment. Public searches are limited to outer clothing, while thorough searches must be conducted privately and by an officer of the same sex, except at the suspect’s request. After any search, the police must provide a written record immediately or inform the suspect where to collect it (the record). Unsigned search records, participants were told, can be lawfully rejected.
The police stopping people randomly to search their gadgets based on their dressing has become normalised in Nigeria, but Section 54 of the Police Act 2020 makes it illegal to conduct searches based on stereotypes such as age, hairstyle or appearance.
During statements, suspects have the right to legal representation, an interpreter if they do not understand English, and proper documentation of arrest details, photographs and fingerprints. Statements may be audio or video recorded and must be signed and attested to.
Holding the police accountable
When police flout the laws, there are consequences. Beyond knowing their rights, citizens were urged to use the accountability structures built into the law to help in enforcement.
Salisu Agaisa, the officer-in-charge of the Public Complaints Bureau at the Force Headquarters, Abuja, explained how the Police Complaints Response Unit operates.
Established in every police command under Section 131, the unit receives complaints ranging from unlawful detention and denial of bail to torture, extortion, illegal searches and evidence planting. Complaints can be filed in writing, online or by phone, and investigations must be concluded within 21 days.
“If misconduct is found, disciplinary action follows,” Mr Agaisa, a chief superintendent of police, said, adding that officers are given a chance to respond to the allegations against them.
He said that false complaints also attract sanctions.
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Mr Agaisa said people can record the police for evidence, as no officer should be uncomfortable with being recorded while carrying out their professional duties.
“We are even agitating to have video cams on us. The recording helps in two ways. However, no one should record the police when they are on operation because you can expose them to danger,” he added.
For many participants, as evidenced in the interactions, the Police Act 2020 is no longer a distant legal document but a practical tool for everyday protection. Whether the protection will be practical on Nigeria’s streets depends on how citizens remember what the Act provides and insist on what has changed.
