Searches, Summons & Arrests Flashcards
(37 cards)
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
