Prosper Okoye
In Nigeria, social media users can face arrest for posts authorities consider offensive, annoying or defamatory. Such cases are often brought under the Cybercrimes (Prohibition, Prevention, etc.) Act 2015, amended in 2024, particularly Section 24 which addresses cyberstalking and the transmission of messages considered false or capable of causing public disorder or threatening life.
Critics say the law has frequently been used against journalists, activists and government critics, raising concerns about freedom of expression guaranteed under Section 39 of the 1999 Constitution. In 2022, the ECOWAS Court of Justice ruled that aspects of the provision violated free speech protections, prompting calls for reforms.
Despite amendments to the law in 2024 intended to narrow vague provisions, arrests and prosecutions have continued. Activists, journalists and ordinary citizens have been affected. One recent case involved activist and publisher Omoyele Sowore, who was arrested over social media posts describing former Inspector-General of Police Kayode Egbetokun as “illegal”.
Join our WhatsApp ChannelLegal experts note that, regardless of the offence alleged, anyone arrested in Nigeria is entitled to certain constitutional protections. These rights are mainly drawn from the 1999 Constitution, the Administration of Criminal Justice Act (ACJA) 2015, the Police Act 2020 and the Anti-Torture Act 2017.
Understanding these rights is especially important in cases involving social media posts.
Right to know the reason for arrest
Under Section 35(3) of the Constitution and Section 6 of the ACJA, anyone arrested must be informed promptly of the reason for the arrest in a language they understand. The information must also be provided in writing within 24 hours.
In cases involving social media posts, the police are required to identify the specific post or statement forming the basis of the allegation rather than giving a vague explanation such as “cyberstalking”.
Right to remain silent and consult a lawyer
Section 35(2) of the Constitution guarantees the right to remain silent and to consult a legal practitioner before making any statement. A suspect is not obliged to answer questions or sign statements before speaking with a lawyer.
Legal experts advise that this right is particularly important in digital-related cases where online posts or messages may form key evidence.
Right to legal representation
The Constitution also guarantees the right to fair hearing under Section 36, which includes access to legal representation. A suspect can request a lawyer of their choice or seek assistance through institutions such as the Legal Aid Council.
In many cases, a lawyer may also apply for bail or challenge the legality of the arrest in court.
Right to dignity and humane treatment
Section 34 of the Constitution protects individuals from torture, inhuman or degrading treatment. The ACJA and the Anti-Torture Act 2017 reinforce this protection.
Authorities are prohibited from forcing confessions, subjecting suspects to abuse or humiliating treatment, including public parading.
Right to be taken to court within a reasonable time
Sections 35(4) and 35(5) of the Constitution require that a person arrested be brought before a court within a reasonable time. This is generally interpreted as within 24 hours where a court is nearby, or within 48 hours where travel or public holidays make this impractical.
Detention beyond this period without a court order is unlawful.
Right to bail and presumption of innocence
Under Nigerian law, most offences — including those typically linked to cyberstalking or defamation — are bailable. Section 36 of the Constitution also affirms that a suspect is presumed innocent until proven guilty by a court.
Police authorities are therefore not permitted to treat suspects as though they have already been convicted.
Right to notify family and protection of privacy
The Police Act 2020 allows an arrested person to notify a relative, friend or lawyer about their detention at no cost. Section 37 of the Constitution also protects the right to privacy.
This can be particularly relevant in social media investigations where mobile phones or computers may be seized. Searches and seizures are generally expected to follow due legal process.
Practical steps after an arrest
Lawyers and rights groups advise that anyone arrested over a social media post should remain calm, avoid confrontation and request access to legal representation. It is also recommended to take note of the arresting officers’ identities and the police station involved.
Where a person believes their rights have been violated, legal remedies are available. Courts can order the release of a detainee and award damages under Nigeria’s fundamental rights enforcement procedures.
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Human rights organisations and legal support groups also provide assistance in such cases.
Although Nigeria’s Constitution protects freedom of expression, the right is not absolute. Authorities can pursue legal action where speech is judged to incite violence, spread harmful falsehoods or violate other laws.
Nevertheless, legal experts say that understanding and asserting constitutional rights remains an important safeguard for citizens in the digital age.
Prosper Okoye is a Correspondent and Research Writer at Prime Business Africa, a Nigerian journalist with experience in development reporting, public affairs, and policy-focused storytelling across Africa
