What The Nigerian Constitution Says About Your Right To Move And How Quickly That Right Can Be Taken Away

The privilege of freedom is one of those rights we rarely think about until it is taken from us. We wake up, move through our day, and visit family without considering that the ease of doing so is a legally protected status. It is only when that privilege is suddenly suspended, when a person finds themselves in a police station unable to leave, unable even to touch their phone until someone comes to stand surety for them, that the weight of freedom becomes clear.

This article is written from the vantage point of a practitioner who has watched innocent people sit in detention not because they committed a crime, but because their name, identity, or bank details were used to commit one. It is also written for the professional, the entrepreneur, and the everyday Nigerian who wants to understand the privilege of freedom, what the law protects, what it permits, and what steps to take if the unthinkable happens.

What the Constitution Guarantees

Section 41(1) of the Constitution of the Federal Republic of Nigeria, 1999 (as amended), provides that:

Every citizen of Nigeria is entitled to move freely throughout Nigeria and to reside in any part thereof, and no citizen of Nigeria shall be expelled from Nigeria or refused entry thereby or exit therefrom.

This is not a small right. It sits at the heart of what it means to live as a free person in a democratic society. It protects your ability to travel from Lagos to Kano without permission, to relocate from one state to another, to leave the country on a business trip, and to return home. It is the legal foundation that makes ordinary life possible; commerce, family, worship, education, and even rest. But the right is not absolute. Sections 41(2) and 45(1) set out specific circumstances where the state can lawfully curtail the privilege of freedom for individuals.

When and How Your Freedom Can Be Restricted

The law does not permit arbitrary interference. However, four principal circumstances justify a restriction on your movement and the privilege of freedom:

1. Reasonable suspicion of a criminal offence: Under section 41(2)(a), a person who has committed, or is reasonably suspected of having committed, a criminal offence may be restricted from leaving Nigeria. This is the legal basis for travel bans, watchlists, and holding charges pending investigation.
2. Lawful arrest and detention: A person under arrest or in lawful custody has their movement restricted by operation of law. The Administration of Criminal Justice Act, 2015 (ACJA)and corresponding state Administration of Criminal Justice Laws govern how this is done, including how long a person may be held without charge.
3. Extradition and deportation: Section 41(2)(b)permits the removal of a person from Nigeria to another country for trial or to serve a sentence, provided there is a reciprocal agreement between Nigeria and that country.
4. Broader public interest grounds: Section 45(1)permits any law that is reasonably justifiable in a democratic society in the interest of defence, public safety, public order, public morality, public health, or to protect the rights and freedoms of other persons. It is under this provision that quarantine orders, curfews, and emergency declarations are lawful.

Outside these lawful grounds, any interference with your movement, whether by a private person, a public officer, or an institution, is unconstitutional and actionable under the Fundamental Rights (Enforcement Procedure) Rules, 2009. 

The Quiet Threat: When Your Identity Is Used Against You

In recent years, one of the fastest-growing reasons innocent people find themselves in police custody is not because they committed a crime, but because their identity was used to commit one. A Bank Verification Number (BVN), a National Identification Number (NIN), a copy of a driver’s licence shared over WhatsApp, or a signature on an old document can be lifted and weaponised by someone you have never met.

In December 2025, a case emerged in Osun State where a single fraud suspect was found to be in possession of more than 150 BVN and NIN records belonging to unsuspecting Nigerians, used to open fraudulent bank accounts that were then sold to syndicates abroad. The victims whose identities were used did not know what was happening. Some only found out when their accounts were frozen, when petitions were filed against them, or when police officers showed up at their doors.

This is the modern reality. Your legal exposure is no longer limited to what you personally do. It now extends to what is done in your name.

The practical implication is sobering: a person who has done nothing wrong can still be invited for questioning, detained, and required to secure bail before their innocence is established. The presumption of innocence is a trial standard; it does not shield you from the discomfort and indignity of the investigative process.

How to Protect Your Freedom Before Anything Goes Wrong

The best legal strategy is preventive. A person who never finds themselves in a police station never has to test the limits of the law. Below are the habits and legal steps every responsible Nigerian should adopt:

a. Guard your identity documents:

• • Never share photographs or scans of your NIN, BVN, international passport, or driver’s licence over informal channels such as WhatsApp or email unless absolutely necessary and even then, only with trusted institutions.
  • Do not allow third parties to use your bank account to receive funds on their behalf, no matter how small the transaction or how close the relationship. This is one of the most common routes through which innocent account holders are drawn into money-laundering investigations.
  • Be cautious of “account opening” offers from acquaintances who claim they cannot open an account in their own name. This is a classic identity-laundering pattern.

b. Be deliberate in your business dealings:

• • Conduct proper due diligence before entering into partnerships, joint ventures, or contract relationships. A single bad counterparty can pull you into litigation, investigation, and regulatory trouble.
  • Document every material transaction in writing. Verbal agreements, however sincere, are the first casualty when a dispute escalates into a criminal complaint.
  • Do not sign documents you have not read or do not fully understand. Powers of attorney, guarantor forms, and board resolutions in particular have long legal tails.
  • Avoid acting as a signatory, director, or trustee of entities you are not actively involved in running. Your name on the corporate filings is your legal responsibility.

c. Keep your digital and financial house in order:

• • Maintain accurate and current Know Your Customer (KYC) records with your bank, NIMC, and the Federal Inland Revenue Service.
  • File your personal and business tax returns annually and keep your Tax Clearance Certificate up to date. A TCC is both a protective shield and a credibility document.
  • Review your bank statements regularly. Unusual inflows from unknown sources should be reported to your bank immediately and documented.
  • Use strong passwords and two-factor authentication on all financial and identity-linked accounts.

d. Know your lawyer before you need one:

One of the most overlooked protective measures is simply having a relationship with a legal practitioner before a crisis arises. The time to find a lawyer is not at 2:00 a.m. from a police holding cell. It is during the calm seasons; when you have time to vet, to choose, and to build the kind of professional relationship in which your lawyer already understands your business, your family structure, and your risk profile.

If You Find Yourself at a Police Station

Despite every precaution, circumstances may arise in which you are invited for questioning or arrested. What you do in the first few hours will often determine the trajectory of the matter. The following principles are not optional, they are the difference between a brief inconvenience and a prolonged ordeal.

1. Do not go alone: Whenever possible, attend the station in the company of a lawyer. If that is not immediately possible, arrive with a responsible family member or trusted colleague who knows where you are and can raise an alarm if you are not released within a reasonable time. Section 35(2) of the Constitution and section 6(2) of the ACJAguarantee your right to consult a legal practitioner of your choice.
2. Stay calm, stay respectful, stay consistent: Confrontation with investigators rarely ends well, even when you are right. Maintain a calm and respectful posture. Answer questions clearly and, critically, tell the same story every time. Inconsistencies, even harmless ones caused by stress or fatigue, are routinely used to suggest guilt.
3. Be truthful, but be careful: Honesty is essential, but honesty is not the same as volunteering information beyond what is asked. Answer the question put to you. Do not speculate or fill in gaps. Do not agree to something simply because the officer seems to want you to.
4. Be particularly alert to leading questions. Officers may phrase questions in a way that puts words in your mouth, “so you admit that you…”, “you knew all along that…”. A simple “yes” to such a question may later be read as a confession. Insist on stating your own version in your own words, and read every statement carefully before you sign it.
5. Know your rights on arrest: Under section 35of the Constitution, a person who is arrested or detained must be informed, in writing and within 24 hours, of the facts and grounds of the arrest in a language they understand. Under sections 293–299 of the ACJA, and in line with section 35(4) of the Constitution, a person arrested for an offence that is not a capital offence must be brought before a court within 24 to 48 hours. Holding a person beyond that window without charge is unlawful.You also have the right to remain silent in respect of questions whose answers may incriminate you, and the right to be informed that you have this right.
6. Bail is a right, not a favour: Under section 30 of the ACJA, bail at the police station is free. Any officer who demands money in exchange for bail is acting unlawfully, and the demand should be documented and reported. For bailable offences, the police are under a statutory duty to release a suspect on bail within a reasonable time on self-recognisance or on the provision of sureties.However, the practical reality in Nigeria is that bail is administered unevenly. People who should be released within hours have been known to spend days, sometimes weeks, in detention, often because they did not have ready access to legal representation or to a surety with the right documents. This is why bail, for all its constitutional and statutory backing, remains in practice a luxury. Secure it as quickly as you can, and do not accept vague delays as an acceptable excuse.

Understanding Bailable and Non-Bailable Offences

A common misconception is that some offences are inherently “non-bailable” under Nigerian law. This is not strictly accurate. Under the Administration of Criminal Justice Act, 2015, bail is generally available to every defendant, but the conditions under which it is granted, and the court before which the application must be made, vary considerably with the gravity of the offence. It is more accurate to think of offences as falling into three broad categories.

Category 1: Offences where bail is granted as of right

These are typically simple offences and misdemeanours offences punishable with imprisonment of less than three years, or with a fine. Under section 158 of the ACJA, a defendant charged with such an offence is entitled to bail unless the court sees good reason to refuse it. In practice, bail at this level is rarely refused.

Examples include:

• Common assault and simple assault causing no significant injury.
• Petty theft and minor stealing (where the value involved is small).
• Criminal trespass and malicious damage to property.
• Public nuisance, affray, and minor public-order offences.
• Defamation and simple criminal libel.
• Minor traffic offences, including most offences under the Federal Road Safety Commission’s enforcement remit.

Category 2: Offences where bail is granted at the court’s discretion

These are felonies, offences punishable with imprisonment of three years or more, but which are not capital in nature. Under section 162 of the ACJA, bail in such matters is discretionary, and the court is required to consider factors including the nature and seriousness of the offence, the character and antecedents of the defendant, the likelihood of the defendant attending trial, the possibility of the defendant interfering with witnesses or evidence, and the defendant’s health.

This is the category into which the vast majority of fraud, regulatory, and commercial offences fall. Examples include:

• Obtaining by false pretence under section 1 of the Advance Fee Fraud and Other Related Offences Act (“419” offences).
• Cybercrime offences under the Cybercrimes (Prohibition, Prevention, etc.) Act, including identity theft, computer-related fraud, and unauthorised access to computer systems.
• Forgery, uttering, and the use of forged documents.
• Money-laundering offences under the Money Laundering (Prevention and Prohibition) Act, 2022.
• Tax-related offences, including wilful evasion under the Nigeria Tax Administration Act, 2025.
• Breach of trust, criminal conversion, and conspiracy to defraud.
• Grievous bodily harm, robbery (as distinct from armed robbery), and manslaughter.
• Drug-related offences under the NDLEA Act, other than those involving quantities that attract capital punishment.

NOTE: Bail in this category is still the rule rather than the exception, but the terms attached to it, cash deposits, landed-property sureties, reporting conditions, travel restrictions, and surrender of international passports, can be onerous. Skilled legal representation at the bail stage often determines whether the conditions imposed are reasonable or oppressive.

Category 3: Capital offences (bail is the exception)

For capital offences, section 161 of the ACJA establishes a far higher threshold. Bail is not granted as a matter of course and can only be considered by a judge of a High Court (not a Magistrate’s Court), and only where the defendant is able to demonstrate what the courts have consistently described as “special circumstances”. These include ill-health that cannot adequately be managed in custody, an inordinately long period of pre-trial detention, or the youthful age of the defendant. The burden of establishing such circumstances rests squarely on the defendant.

Capital offences under Nigerian law include:

• Murder and culpable homicide punishable with death.
• Armed robbery under the Robbery and Firearms (Special Provisions) Act.
• Treason and treasonable felony.
• Kidnapping (classified as a capital offence in several states, including Lagos, Ondo, Edo, and Kano).
• Terrorism offences under the Terrorism (Prevention and Prohibition) Act, 2022.
• Rape (in states where the law prescribes life imprisonment or death).
• Dealing in large quantities of hard drugs under the NDLEA Act.

Even within this category, the law does not foreclose bail absolutely. The point is simply that the evidential and procedural threshold is significantly higher, and the strategic and factual preparation required from counsel is correspondingly more demanding.

The Practical Takeaway

For most everyday Nigerians; professionals, entrepreneurs, and business owners, the risk is almost entirely within Category 2. It is not that you will be accused of armed robbery. It is that a business transaction, a partnership, a document you signed without reading, or an identity-theft incident could result in a charge for fraud, cybercrime, money laundering, or tax evasion. Each of these is serious. Each of these will ordinarily attract bail. And each of these will require competent counsel to ensure that the bail conditions granted are reasonable and that the defence is properly mounted from the outset.

When the Police or Court Refuse to Grant Bail

If the police are reluctant or unwilling to grant bail within a reasonable time for an offence that is bailable, the following steps are available:

1. Formal written demand for bail: Your lawyer should submit a formal written application for bail to the Investigating Police Officer (IPO), copied to the Divisional Police Officer (DPO)and, if necessary, the Commissioner of Police. This creates a paper trail and forces the institution to either justify the continued detention or release the suspect.
2. Escalation within the Nigeria Police Force: The Commissioner of Police in the relevant State Command, and the Force Public Complaints Rapid Response Unit, can be formally petitioned where a station-level officer is uncooperative.
3. Fundamental Rights Enforcement suit: Under section 46of the Constitution and the Fundamental Rights (Enforcement Procedure) Rules, 2009, a person whose right to liberty is being infringed, or is threatened with infringement, may apply to the Federal High Court or the State High Court for an order of enforcement. Relief may include an order directing immediate release, an order restraining further detention, and in appropriate cases an award of damages.
4. Application for bail to the court: Where the matter has moved beyond the police to formal charge, a bail application can be made to the appropriate court in accordance with sections 158 to 188 of the ACJA. For bailable offences, the court’s discretion must be exercised judicially and judiciously. Decisions must take into account factors such as the nature of the offence and the strength of the prosecution’s case. Furthermore, the court must consider the likelihood of the suspect attending trial, as well as their health and antecedents.
5. Petitions to oversight bodies: The National Human Rights Commission, the Legal Aid Council of Nigeria, and the Public Complaints Commission all have statutory mandates to receive and act on complaints of unlawful detention. Their intervention is often quiet but effective.

Engaging these mechanisms is not an act of aggression against the police. It is the lawful exercise of a constitutional right, and it is precisely what the framers of the ACJA and the Fundamental Rights Rules intended.

Transactions and Conduct to Avoid

Experience in practice suggests that the path to a police invitation is usually paved, inadvertently, by a handful of common mistakes. These are worth listing plainly:

• Receiving money into your personal account on behalf of someone else, particularly in foreign currency or from an unknown source.
• Selling, lending, or “renting” access to your bank account, SIM card, or corporate documents.
• Signing blank cheques, undated documents, or guarantor forms for persons or businesses whose affairs you do not closely monitor.
• Acting as a nominee director, shareholder, or trustee for parties you do not know and cannot vouch for.
• Failing to report unauthorised use of your identity documents the moment you become aware of it.
• Engaging in cross-border transactions without appropriate legal, tax, and foreign-exchange advice.
• Relying on informal “fixer” relationships with law enforcement as a substitute for proper legal process.

Each of these is, on its face, a small compromise. In the aggregate, they are the reason otherwise careful people find themselves sitting across from an investigator.

How Starr Attorneys Can Help

At Starr Attorneys, we act for individuals, businesses, and institutions across a broad spectrum of contentious and regulatory matters. Our practice includes criminal defence and bail applications, fundamental rights enforcement, tax dispute resolution, regulatory advisory, and commercial litigation. We are frequently instructed to intervene in matters of arrest and detention. Additionally, we represent clients whose identities or business platforms have been used, without their knowledge, to commit fraud.

Our approach is preventive first and defensive when required. We work with clients to audit their legal exposure before a crisis arises, reviewing their documentation, corporate filings, transactional patterns, and compliance posture and we are available, on short notice, to step in when a matter escalates.

If you or someone close to you is facing an investigation, an arrest, a detention, or a threat to freedom of movement, contact Starr Attorneys without delay. The earlier we are engaged, the more we can do.

Written By: Temitope Owolabi, Esq.
Managing Partner, Starr Attorneys
Temitope.owolabi@starrattorneys.co

Need help safeguarding your business? Book a consultation with Starr Attorneys today. We’ll help you manage risks, stay compliant, and build a business that lasts.

Disclaimer: This article is provided for general information only and does not constitute legal advice. Readers facing specific legal issues should seek professional counsel tailored to their circumstances.