Searches, Arrests And Constitutional Rights Flashcards
What are the methods of bringing a defendant to court?
By arrest and by summons
At what times can an arrest warrant be served under the ACJA?
At any time on any day, including Sundays and public holidays
When can a search warrant be executed under the ACJLL?
Only between 5 AM and 8 PM
Who are the issuing authorities of a summons
A judge
A magistrate
Any other officer has maybe specified by the chief judge
When a public summons is issued, a suspect is to produce themselves within…..
30 days
When can restraints be used in arresting a suspect?
Where there is reasonable apprehension of violence
For the safety of the suspect
By an order of the court
Who is the issuing authority of a warrant of arrest
A judge or a magistrate
Can the national assembly issue a warrant of arrest?
Yes, under section 89(1)(d) of the CFRN
When is a warrant of arrest issued?
When the person disobeyed summons
Wear a statute provides that such offender cannot be arrested without a warrant
Where a serious offense is committed?
What section provides for when a warrant of arrest should be issued
Section 131 ACJA
what section provides for the use of unnecessary restraint?
Section 5 ACJA
what section provides for how to make a complaint?
Section 37 ACJA
Will an irregularity invalidate an arrest
No - Section 38 ACJA
When a person is arrested without a warrant a warrant should be shown to the person arrested within
Reasonable time
24 hours
As soon as the practicable after their arrest
A warrant issued by …… is executable in any part of Nigeria
The Federal High Court
What provision allows a police officer to arrest without a warrant
Section 30 of the police act
Who can arrest without warrant?
A police officer
A justice of peace
A private person
Judicial officer
What section provides that a warrant issued by the federal court can be executed anywhere in Nigeria
Section 47 of the ACJA
What section provides for the power of the police to search?
Section 4 and section 48 of the police act
What are the types of search?
Search of persons
Search of property/premises
Search of things
What section provides for search?
Section 9 ACJA
What section provide provides for same sex search?
Section 9 of the ACJA and section 53 of the police act
What is the rank of a police officer that can perform an intimate search?
An assistant superintendent and above
Is it allowed for a man to search a woman?
Yes, the ACJA allows it in the interest of justice and it must be with strict regards to decency
