Section 35 Nigeria Police Act

Section 35 of the Nigeria Police Act 2020 is about Notification of cause of arrest and rights of suspect. It is under Part VII (Powers of Police Officers) of the Act. It provides as follows:

(1) Except when the suspect is in the actual course. of committing an offence or is pursued immediately after the commission of an offence or has escaped from lawful custody, the police officer or other person making the arrest shall inform the suspect immediately of the reason for the arrest

(2) The police officer, the person making the arrest or the police officer in charge of a police station shall inform the suspect 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 legal practitioner of his choice before making, endorsing or writing any statement or answering any question put to him after arrest; and
(c) free legal representation by the Legal Aid Council of Nigeria or other organisations, where applicable.

(3) The authority having custody of the suspect shall notify the next-of-kin or relative of the suspect of the arrest at no cost to the suspect.

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