An image showing a group of police officers on duty used to illustrate the copy. Photo Source: Getty Images.
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Recently, the internet space in Nigeria was agog following a viral video showing an unsettled crowd protesting against what they described as an unlawful detention of a 16-year-old girl.
@Omoelerinjare, who posted the clip on May 5, 2026, claimed an underage girl was arrested and kept in detention for three days in place of her brother, who had stolen.
“Her brother had stolen someone’s electric generator, and when the police could not find him, they arrested the innocent girl instead,” part of the caption reads.
The user claimed that the police were informed she was underage, but showed no concern.
Other social media users shared the video on TikTok, Facebook and Instagram. The police command in Kwara State acknowledged the incident, stating that the minor was arrested for assisting the prime suspect evade capture.
A scrutiny of the comment section under the post shows that while some people imagined what could have happened to the minor in the cell, others wondered if substituted arrest is allowed in Nigeria.
In one instance, @Aareafobaje queried: “When did arrest by proxy become legal in Nigeria?”
Another user, @Alabyolyde, wondered: “In 2026, they are still arresting someone in lieu of the criminal. It is against her fundamental human rights.”
@LordXeus asked rhetorically: “Arrest by proxy? Is that still a thing in Nigeria?”
@Alamposa said: “Something is way too wrong with the Nigerian police force; it needs total restructuring.”
Having observed X users’ curiosity about the legality of arrest in lieu, DUBAWA decided to write this explainer to examine the issue.
The legal position of “arrest in lieu” in Nigeria
Arrest in lieu, also known as arrest by proxy or substituted arrest, is the act of arresting another person close to the actual suspect of a state offence to compel the latter to surrender.
Under Section 35(1) of the Nigerian Constitution (1999), we found that the ultimate law provides for the right to personal liberty for all Nigerians and that this right cannot be denied to citizens except in situations permitted by the law.
As part of efforts to understand this section, DUBAWA spoke to Fakunle Ikeoluwapo, a legal associate with Lagos-based Iris Attorneys LP.
She opined that although police have the right to arrest any suspect in connection with an offence in Nigeria, as guaranteed by the Police Act 2020, this power does not mean that these officers of the law should arrest anyone in place of the original suspect when the latter cannot be found.
“Such [action] is misplaced because while the police have the duty of enforcing laws, protecting lives, and preventing crimes, they cannot go ahead to commit another offence by engaging in arrest by proxy.
“So, even if a civilian is unaware of his right to personal liberty, the Nigerian police should know better and refrain from this prohibited practice,” she said.
Fakunle cited Section 7 of the Administration of Criminal Justice Act (2015), Section 36 of the Police Act (2020) and the famous case of African Continental Bank v. Okonkwo (1997).
We dug up the details of the case cited by the lawyer. In that case, an employee of the bank was alleged to have stolen a large sum of money and absconded. As of the time of the arrest, the police found it hard to locate the suspect and went ahead to apprehend and detain his mother instead, while also impounding her movable properties.
In the judgment condemning the arrest, Niki Tobi, the then Court of Appeal justice, stated, “There is no law that says that the sin of the son be visited on the mother simply because of that relationship.”
Olamilekan Oladele, a principal counsel at Leadnovators Attorneys, told DUBAWA that criminal responsibility is personal and cannot be transferred in any circumstances under the Nigerian legal system. Olamilekan referenced the statutory authorities already cited above.
“Arrest in lieu is strictly prohibited; no person can or simply put should be arrested for an offence committed by another person. The Nigerian laws frown at it in clear terms, and anyone whose rights have been breached can pursue fundamental rights action when and if it happens,” he said.
When and how can a minor be detained?
The two legal practitioners argued that minors might be arrested in certain circumstances, but such situations should still be within the ambit of the law.
They noted that the safeguards provided by the law should be taken seriously. The safeguards include not locking a minor up with an adult in police custody and requiring a court order to accompany minor detention.
“Minors can be detained, too. The rules in the Constitution apply to them. They can only be detained with conditions to protect them, and not strictly that they cannot be detained, and these minors should be released on bail within a reasonable time unless the offence is serious,” he added.
For Fakunle, she said that Section 35(4)&(5) of the Constitution prohibits,
“The detention of anyone (including minors) longer than 24 hours (or 48 hours depending on how accessible the court is), so it is either they are charged to court or released.”
She asserted that the Child Rights Act (2003) also requires a minor to be brought before a court as soon as possible.
“Most importantly, the police also have a duty to notify the child’s parent or guardian promptly of the arrest,” she concluded.
Conclusion
Our findings reveal that the police in Nigeria do not have the power to arrest a relative, an acquaintance, or even a neighbour to compel a fleeing suspect to surrender. This means that Nigeria’s legal frameworks do not permit arrest in lieu.
