Searches, Summons & Arrests Flashcards
What are the endorsements needed on a search warrant?
- Date of issuance
- Officer addressed to
- Particulars of the property
- Items to be recovered
- Signature of issuing authority
When is a summons issued?
For misdemeanour or minor offences
When is an arrest warrant issued?
For serious offences OR for disobeying summons
How can an arrest be executed?
By touching or confine the body of the suspect unless there is submission to custody by word or action
Section 1 ACJL & Section 4 ACJA
What does Section 4 ACJL/ 7 ACJL say?
Arrest cannot be in lieu
Is it proper to handcuff a suspect under arrest?
General Rule: No, a suspect should not be handcuffed or subjected to restraint
Exceptions: When there is reasonable fear of violence, possibility of escape, for safety reasons or by order of the court
When can a search warrant be issued?
At any time on any day
When can a summons be issued?
At any time on any day
When can a warrant of arrest be issued?
At any time on any day
Who can issue a search warrant?
- A judge,
- A justice of the peace
- A magistrate, or
- Cadet ASP and above in relation to:
- stolen property or
- searching a premises of person convicted of receiving stolen property in the last 12 month
- harbouring thieves
- fraud
Who can issue an arrest warrant or summons?
- A judge
- A justice of the peace
- Magistrate
Who cannot issue an arrest warrant?
A police officer
Who cannot issue a search warrant?
A police officer below the rank of Cadet ASP or any police officer if not in relation to
- stolen property or
- searching a premises of person convicted of receiving stolen property in the last 12 month
- harbouring thieves
- fraud
Who can conduct an arrest without a warrant?
- Police officer
- Judge/Magistrate/Justice of the Peace
- Private persons
What authority do police have to arrest without a warrant?
Section 24 Police Act allows a police officer to
- arrest a person coming an offence in his presence
- someone who he reasonably suspects of committing an offence
- a person he suspects of being in possession of stolen property
When can a Judge/Magistrate/JP arrest without a warrant?
When an offence is committed in their presence within their jurisdiction
When can a private person conduct an arrest?
When someone commits an offence in his presence or he reasonably suspects that the person has committed an offence for which police can arrest for
They must deliver up the suspect to the police station at the earliest opportunity as they have no power of detention Section 23 ACJA
When can a search warrant be executed?
ABUJA: Any day, any time
EVERYWHERE ELSE: Any day, between 5am and 8pm
How long is a search warrant valid for?
It is in force until it is executed or cancelled by the court
It must be executed in the presence of two witnesses
What is the rule of searching a premises when a woman is in purdah?
She will be allowed to withdraw except where it is being searched by a woman
When can a summons be executed?
Any time, any day
When can a warrant of arrest be executed?
Any time, any day
Where can a warrant of arrest be executed?
General Rule: Anywhere
Exception:
- In sitting courtroom
- In Chamber of Precinct of the National Assembly wen in session except with the consent of the Speaker of the House
Tony Momoh v Senate of the National Assembly
What happens if a warrant is not issued or executed properly?
Th trial is not invalidated but the defendant can bring a civil claim
Okotie v COP
What is the nature of service of a summons?
Personal except with leave of court for substituted service
When is a search warrant not required?
For certain law enforcement authorities
In the presence of a Judge etc
Where suspect with arrest warrant issued against him runs into premises to hide
What can a police officer do if he denied entry to a premises?
He can exercise his right to ingress/egress using reasonable force
Section 112 CPL
How do you execute a search warrant outside the state of issue?
Needs to be endorsed by the judge/magistrate/jp in the jurisdiction it is to be executed and affirmed that it was issued by a competent authority for an offence known to law in the issuing state
The suspect is then take to court for the judge to make an order for the suspect to be taken back to the state of issue to be tried.
Judge may determine bail conditions if any
When is a search warrant not required?
For search of person and things
When can police search a person?
When they reasonably suspect the person to be in possession of a stolen or unlawfully obtained item
Section 29 Police Act
Who can search a suspect?
General Rule: someone of the same sex
Exception: situations of extreme urgency, impracticability or in the interest of justice
How is a search warrant obtained?
By information on oath
Does a search warrant have to be signed by the issuing authority?
Goodman v Evans
No it does not, a number stamp signature will suffice
Are witnesses required to conduct the search of a premises?
Yes, except if the court directs otherwise, search shall be made in the presence of two witnesses and the suspect may also provide a witness in the neighbourhood
When can public summons be issued?
Under ACJA and ACJL where there is evidence that a person against whom a warrant of arrest has been issued has absconded or is in hiding
Provide examples of how public summons can be issued
In a newspaper
By pasting it in court, conspicuous area of residential premises of the absconded or the town/village
Can a police arrest a suspect for a civil wrong?
The police are not statutorily empowered to arrest for such offences.
Mclaren v Jennings Section 8(2) ACJA
