Searches, Arrests And Constitutional Rights.

Question 1

S. 12 of the ACJL
S.12 of the CPL

Answer 1

a private person may arrest without warrant where there is a:–FeMI
CPCL
 Felony commission: any person who he reasonably suspects of having committed an offence which is a felony or
 Misdemeanour commission: any person who he reasonably suspects of having committed by night, an offence which is a misdemeanour.
 Indictable offence commission: any person who commits an indictable offence (i.e. an offence triable on information) in his presen

Question 2

S.28 of CPCL

Answer 2

there are categories of persons which a private person may arrest:–EPPI
a. Escape from custody: A person who has escaped from lawful custody
b. Public summons: A person required to appear by public summons
c. Present when offence was committed: Any person committing an offence in his
presence for which the police are authorized to arrest without a warrant.
d. Issuance of warrant of arrest: A person whom arrest warrant has been issued against or
directed by justice of peace to be arrested.

Question 3

JOHN LEWIS & CO Ltd v. TIMS.

Answer 3

A private person effecting an arrest may render himself liable in damages for false imprisonment if he fails to hand over the person arrested to a police officer or take him to the nearest police station without undue delay

Question 4

S. 29 of the Police Act.

Answer 4

anything in his possession, which he has reason to believe may have been stolen or
otherwise unlawfully obtained.

Question 5

section 6(2) CPL and section 44(3) CPCL.

Answer 5

Where the person to be searched is a woman, the search shall only be conducted by another woman.

Question 6

section 5(2) ACJL

Answer 6

whenever it is necessary to search a person, he shall be searched by a person of same sex with due regards to decency. Thus, a man is to be searched by a man and a woman is to be searched by a woman same sex with due regards to decency.

Question 7

section 104 ACJL and section 107 CPL,

Answer 7

a Magistrate or a High Court Judge can issue a search warrant. It is procured upon information on oath and in writing.

Question 8

section 74 and 76 of CPCL

Answer 8

A court (which includes Magistrate and Judge) or Justice of the Peace can issue a search warrant. Thus, it is issued by Judge, Magistrate and Justice of the Peace.

Question 9

section 144 ACJA

Answer 9

provides that a judge, magistrate or justice of peace may issue a search warrant upon information on oath and in writing.

Question 10

Ss. 14 & 15 Evidence Act.
Kuruma v. R

Answer 10

The position of the law is that incriminating items recovered in the course of an illegal search is admissible in evidence once it is relevant to the facts in issue UNLESS the desirability of admitting the evidence is outweighed by the undesirability of admitting the evidence.

Question 11

Section 86 ACJL, Section 88 COL, Section 48 CPCL.

Answer 11

A summons must be served either by a police officer, by any officer of the court issuing the summons or by any public officer authorized to serve summons.

Question 12

Section 94 ACJL, Section 96 CPL, Section 70(1)b of the CPCL, Section 131 ACJA.

Answer 12

provides that where the court is satisfied that the defendant has been served with the summons and the defendant does not appear at the time and place stated in the summons, the court shall issue a warrant for his arrest (warrant of arrest).

Question 13

See section 87(a) ACJL Lagos, and section 123 ACJA, sections 133, 137 (a) ACJL Kano.

Answer 13

Summons should normally be served personally on the per- son summoned.

Question 14

See section 91 ACJL of Lagos, section 126 of ACJA, section 140 ACJL Kano.

Answer 14

Service outside Jurisdiction.

This shall be done by sending the summons in duplicate to a court in whose jurisdiction the defendant is. That court shall therefore direct service as if it had issued the sum- mons. Note: jurisdiction here im- plies that both courts are within the same stat

Question 15

section 23 ACJL Lagos, section 37 of ACJA, sections 56, 101 ACJL Kano, and Ikonne v The Commissioner of Police (1986) 4 N.W.L.R (pt. 36)4

Answer 15

A warrant of arrest is issued on a complaint. The complaint must be on oath.

Question 16

See section 55 (1), (c) ACJL Kano, section 22 ACJL Lagos and section 36 (1) of ACJA.

Answer 16

A warrant of arrest which must be in writing shall bear the date of issue, contain necessary particulars and be signed by the judge or magistrate issuing it.

Question 17

See section 25 (2) of Lagos State and section 39 (2) of ACJA, section 58 (2) ACJL Kano.

Answer 17

A warrant of arrest remains in force until executed or can- celled by any Judge or Magistrate.

Question 18

See section 12 ACJL Lagos and section 20 ACJA, section 43 ACJL Kano, section 39 of the Police Act 2020.

Answer 18

A private person has power to arrest without warrant in the following situations (a) if a person in his view commits an indictable offence or (b) if he reasonably suspects a person to have committed a felony or (c) if he reasonably suspects a person to have committed a misdemeanor by night.

Question 19

See sec- tion 14 ACJL Lagos State and section 14 ACJA, section 37 ACJL Kano.

Answer 19

If a police officer arrests a person without a warrant, he shall take such person with all reasonable dispatch to a po- lice station or other place(s) for the reception of arrested persons. Such a person must be given reasonable facilities to obtain legal advice, taking steps to furnish bail.

Question 20

See section 45 (1) ACJL Kano.

Answer 20

If a Judge arrests or directs the arrest of a person, he shall commit the offender to custody or grant him bail, if the offence is bailable.

Question 21

In Holgate Mohammed v. Duke (1984) Vol. 79 CR. App. Rep. 120.

Answer 21

the English House of Lords stated the meaning of the word ̳arrest‘ as follows: “it is a continuing act and starts with the arrester taking a person into custody, it con- tinues until the person restrained is either released from custody or having been brought before a magistrate is re- manded in custody, by the magistrate’s judicial act”.

Question 22

see sections 7 (1) ACJL Lagos, 12 (1) & 149 (1) ACJA, section 35 (1) ACJL Kano.

Answer 22

The general rule is that before any premises can be searched, a search warrant must be ob- tained, otherwise such search will be unlawful. However, search warrant may not be necessary where: (1) a police officer acting upon a warrant of arrest suspects that the per- son to be arrested has entered into or is within any premis- es, the person residing in or in charge of such premises shall on demand allow free and unhindered access to the police officer or other persons executing the search warrant.

Question 23

Sections 7 (3) ACJL Lagos, 149 (6) ACJA, section 159 (6) ACJL Kano.

Answer 23

Where the premises to be searched is occupied by a woman not being the person to be searched and who does not appear in public, such person should be allowed to withdraw before the execution of the search warrant.

Question 24

sections 104 (1) ACJL Lagos and 144 (1) ACJA, section 154 ACJL Kano.

Answer 24

A search warrant is procurable upon oath and in writing.

Question 25

sections 108 (1) ACJL Lagos, 148 ACJA, section 158 ACJL Kano. Musa Sadau v The State (1968) NMLR 208.

Answer 25

A search warrant may be issued and executed on any day including a Sunday and public holiday.

Question 26

sections 106 (2) ACJL Lagos and 146 (2) ACJA, section 156 (2) ACJL Kano

Answer 26

Search warrant remains in force until it is executed or can- celled by the court that issued it.

Question 27

sections 154 (2) (b) 155 ACJL Kano.

Answer 27

The power to search includes the power to arrest the occupant of the premises.