NIGERIAN LAW SCHOOL
ARREST, SEARCHES
& CONSTITUTIONAL
SAFEGUARDS
ARREST:
2
MEANING OF ARREST
▣According to the Osborn’s Concise Law
Dictionary 9th Edition P. 36, Arrest is the
Deprivation of a Person’s Liberty by Some
Lawful Authority for Compelling His
Appearance to Answer a Criminal Charge
or as a Method of Execution.
3
▣ Arrest under the Criminal Procedure Laws is classified into two:>
arrest without warrant and arrest with warrant.
▣
🢝 ARREST WITHOUT WARRANT
▣ Under Sections 18(1) A.C.J.A., S. 10 (1) AC.J.L., Lagos, SS. 35(1)
(2) & 41(1) ACJL, Kano and Section 38(1) of the Police Act, 2020,
a police officer is given very wide powers to arrest a suspect
without any warrant of arrest. in the following situations::
▣ (a) Where he suspects a person upon reasonable grounds of
having committed an indictable offence against a federal law or
against the law of any other state unless the written law
creating the offence provides that the offender can not be
arrested without a warrant.
4
(b)Any Person who Commit an Offence In his Presence.
this he can do Even Where the Law Creating the
Offence Provides that the Offender can not be Arrested
Without Warrant. See S.10(2) C.P.L.
(c)Any Person who Obstructs a Police Officer While in the
Execution of his Lawful Duties or who Escapes or
Attempts to Escape From Lawful Custody.
▣ (D) Any Person in Whose Possession Anything is Found
Which May Reasonably be Suspected to be a Stolen
Property or Who May Reasonable be Suspected of
Having Committed an offence With Reference to such
thing.
5
(e)Any Person Whom he Suspect Upon
Reasonable Ground of Being a Deserter From
any of The Armed Forces in Nigeria.
▣ (F) Any Person Whom he Suspects Upon
Reasonable Ground of Having been Concerned
in an Act Committed at any Place out of
Nigeria Which if Committed in Nigeria Would
have been Punishable as an Offence, and for
Which he is, Under any Enactment in Force in
Nigeria Liable to be Apprehended or Detained
in Nigeria.
6
(g)Any Person Having in his Possession Without
Lawful Excuse, the Burden of Proving Which
Excuse Shall Lie on Such ;Person, any Implement
of House Breaking.
(h)Any Person Whom he has Reasonable Cause to
Believe a Warrant of Arrest has been Issued by a
Court of Competent Jurisdiction in the State.
▣ (I) Any Person Who has no Ostensible Means of
Subsistence and Who Cannot Give a Satisfactory
Account of himself.
7
(j)Any Person Found in the State Taking
Precaution to Conceal his Presence in
Circumstances Which Afford Reasons to
Believe that he is Taking Such Precaution With
a View to Committing an Offence Which is a
Felony or Misdemeanour.
(k) By Sections 52 ACJA, Section 86 Police Act,
2020, a Police Officer May Arrest Any Person
Known to be Designing to Commit an Offence
If There is No Other Means of Preventing its
Commission.
8
▣ Note: that to Justify an Arrest on Suspicion
Under Section 35(1){c} of the Constitution,
Section 18 A.C.J.A., S. 10 ACJL., Lagos, 35(1)
(2) & 41(1) ACJL., Kano and Section 38(1) of
the Police Act, 2020, Above E.T.C., Evidence of
the suspicion must be provided by the Police
Officer Making the Arrest. The Officer Making
the Arrest Must Show that there were facts
from which it could reasonably be inferred
that the suspect committed an indictable
offence. See Agundi V. The State (2013) All.
F.W.L.R. Part 660 P. 1247.
9
▣ THE TEST OF DECIDING WHETHER A SUSPICION IS
REASONABLE OR NOT IS OBJECTIVE.. IN CHUKWUKA V.
C.O.P. (1964) NNLR. P. 21. IT WAS HELD THAT “THE
TEST AS TO WHAT IS REASONABLE BELIEF THAT A
SUSPECT COMMITS AN OFFENCE IS OBJECTIVE. IT IS
NOT WHAT THE POLICE OFFICER HIMSELF
CONSIDERED REASONBLE BUT WHETHER THE FACTS
WITHIN HIS KNOWLEDGE AT THE TIME OF THE ARREST
DISCLOSED CIRCUMSTANCES FROM WHICH IT COULD
BE REASONABLY IMFERRED THAT THE SUSPECTED HAS
COMMITTED AN OFFENCE. See also JACKSON V.
OMOROKUNA(1981) N.W.L.R.(PART 120) P. 30. ; C.O.P.
V. OBOLA (1989) 5 N.W.L.R. (PART 120) P. 130 ; LADAN
V. ZARIA N.A. (1962) NNLR. P. 53.
10
▣ In Agundi V. The State (2013) All. F.W.L.R. Part 660
P. 1247. Ratio 3. The Court Of Appeal Also Held:
◼ “By The Provisions Of Section 35(1)(7) of the 1999
Constitution, the Arrest or Detention of a Person Must be
Upon Reasonable Suspicion of Having Committed a
Criminal Offence. In Capital Offences, The Lawfulness of
an Arrest or Detention of a Person Shall be Upon
Reasonable Suspicion of Having Committed a Capital
Offence. Thus, Whether the Arrest or Detention of a
Person is for Criminal or a Capital Offence, the Guiding
Factor is that it has to be Upon Reasonable Suspicion. To
Arrest or Detain a Person on a Reasonable Suspicion of
Having Committed Any Criminal or Capital Offence, the
Arrest Must be Based on a Particularized and Objective
Basis Supported by Specific and Articulable Facts for the
Court to Hold there was Reasonable Suspicion.
11
▣ The Grounds On Which The Suspicion
▣ Is Based Must be Shown to Exist at the Time of th e Arrest or Detention and Not There
After.
▣ Also In Duruaku vs. Nwoke (2015) 15 N.W.L.R. (Part 1483) P. 417 At 423
Ratio 2. It Was Held That A Mere Allegation Of Crime Or Wrong Doing Against A Suspect,
Irrespective Of Its Seriousness, Cannot Operate To Justify The Curtailment Of The
Fundamental Right Of The Suspect Nor Can It Operate To Justify The Incarceration And
Torture Of The Suspect. .A Person Who Infringes Or Breaches The Fundamental Rights Of
Another Has The Onus To Justify Such Breaches. See Also Kure Vs The C.O.P (2020)
9 N.W.L.R. (Part 1729) P. 298, Ibikunle Vs The State (2007) 2 N.W.L.R. (Part
1019) P. 546; Adeboyega Vs The State (2017) 16 N.W.L.R. (Part 1591) P. 248
▣
▣ Note: Also That Arrest Without Warrant Can Also Be Made By:
▣ : (A) A PRIVATE PERSON UNDER SECTIONS 20 A.C.J.A, 28 12 & 13 A.C.J.L. , Lagos, Ss 43 &
44 Acjl, Kano
▣ (B) A Judge Or Magistrate Under Sections 24, 25 & 26 A.C.J.A., 15 & 16 A.C.J.L, Lagos And
Section 45 Acjl, Kano 12
ARREST WITH WARRANT:
▣ Arrest With Warrant is an Arrest Made on the Authority
of a Warrant Duly Issued by a Judge, a Magistrate or a
Justice of Peace. See Section 35 A.C.J.A.
▣
▣ Cases Where Warrant of Arrest is Issued Are:
▣ (A) Where The Law Creating The Offence States That
The Offence Is Not Arrest able Without Warrant.
▣ (B) When Summons to Appear is Disobeyed. See E.G.
Section 131 ACJA
▣ Where on Complaint to a Court, a Serious Offence is
Alleged Against a Suspect. See S. 37 A.C.J.A. Section 23
A.C.J.L. , Lagos
▣ Note: That the Complaint Must be on Oath
13
CONTENTS OF WARRANT OF
ARREST
▣ Every Warrant of Arrest Must Contain the Following:
▣ (A) The Date of Issue
▣ (B) The Particulars of the Person to be Arrested.
▣ (C) The Person or Persons to Whom it is Directed and Who Shall
Execute it.
▣ (D) Particulars or the Substance of the Offence.
(e)Signature of the Issuing Authority.
(f) It Shall Order the Person or Persons to Whom it is Directed to
Arrest the Suspect and Bring him Before the Court. See Generally
Ss. 36(1)(2) A.C.J.A.,, 22(1&2 A.C.J.L., Lagos
14
LIFE SPAN AND EXECUTION OF
WARRANT OF ARREST.
▣ A Warrant of Arrest Can be Issued and Executed on any day Including
Sunday and Public Holiday. Ss. 38 & 43 A.C.J.A. S. 61(1) ACJL., Kano
▣ It Can Not be Executed in a Court Room While the Court is Sitting or in
a Legislative House While it is Sitting Except With the leave or
authority of the President or Speaker. See Section 31 Legislative
House (Powers and Privileges ) Act, 1958, Tony Momoh V. Senate
91981) 1 N.C.L.R. P. 21.
▣ Note: That in Conflict With Legislative Privileges Act, A.C.J.A. Under S.
43(2) and ACJL., Kano under S 61(2)(Seem to have Allowed Execution
of Arrest Warrant In A Legislative House Without Leave of the
Speaker or Senate President Even While Sitting.
▣ The Life of Warrant Continues Until It Is Executed Or Cancelled
By The Issuing Authority. S. 39(2) A.C.J.A. R. V. Akinyanju (1959) W.R.
N.L.R. P. 253.
▣ Note: - Before Executing the Warrant, the Executing Officer Must
Inform The Person to be Arrested of the Existence of the Warrant
Unless their is a Reasonable Cause Why Such Information Shall Not be
Given- S..,27(3) Acjl, S. S. 43(3) Acja., Lagos, S. 61(3) acjl., Kano 15
EXECUTION OF WARRANT OF
ARREST OUTSIDE JURISDICTION
1. The Warrant Will be taken to the Appropriate Magistrate in the State
Where the Accused Resides or Found For his Endorsement and the
Magistrate Will Endorse the Same after Satisfying Himself of the
Following:
▣ (a) That the Warrant Was Issued by the Judge or Magistrate Whose
Name Appears on it.
(b) That the Alleged Offence is an Offence Known to the Law of the State of
Issue.
▣ 2. Upon Endorsement the Person Can then be Arrested and be
Brought Back To The Endorsing Magistrate Who May do Any of the
Following:
▣ (a) order for the person to be removed to the issuing authority.
▣ (b) Where the Offence is Bail able or the Warrant is Endorsed With
, He Can Admit the Person to Bail Upon Conditions
as he Deems Fit or Endorsed on the Warrant.
▣ See Generally Sections 46(1&2) A.C.J.A., S. 365(1)(2) A.C.J.L . Lagos
and Section 64 & 65 ACJL., Kano.
16
PROCEDURE OF ARREST
▣ In Effecting an Arrest, a Police Officer is Required
to Actually Touch or Confine the Body of the
Person to be Arrested Unless There is a
Submission to Custody by Word or Action. See
Sadiq v. The State (1982) 2 N.C.R. P. 142.
▣ At The Time of Arrest the Officer Making the
Arrest shall Inform the Arrested Person of the
Reason for the Arrest Unless he is Caught While
Committing the Offence For Which he is Arrested
or is Pursued Immediately After the Commission
of the Crime or Escape From Lawful Custody. S.
35(3) C.F.N., 1999., S. 4, S. 6(1)(2) & 7 ACJA.,
2015.
17
NO HANDCUFF
18
▣A Suspect shall be accorded human
treatment, having regard to his right to
the dignity of his person, and shall not be
subjected to to any form of torture, cruel,
inhuman or degrading treatment; and he
shall not be arrested for a civil wrong or
breach of contract. S. 8(1)(2) ACJA., 2015
19
▣ The Person Arrested Shall Not be Handcuffed or
Bound or Subjected to Unnecessary Restraint,
Except By Order Of A Court, Magistrate Or Justice of
Peace, or Unless There is Reasonable Apprehension
of Violence or an Attempt to Escape or the Restraint
is Considered Necessary For His Safety. Ss. 5
A.C.J.A.,
▣ Violation of those Requirements Renders the Arrest
Void and Unlawful Violation of the Citizens
Fundamental Rights to Freedom From Unlawful
Arrest and Give Rise to Claim for Damages for
Assault, Battery and False Imprisonment. S. 34&35
C.F.N.,1999.
20
SEARCH PICTURE
MR UGOCHUKWU CHARLES KANU;
* NIG LAW SCH, LAGOS 21
WHAT IS A SEARCH?
MR UGOCHUKWU CHARLES KANU;
* NIG LAW SCH, LAGOS 22
“An examination of a person’s body,
property or other area that the person
would reasonably be expected to
consider as private, conducted by a law
enforcement officer for the purpose of
finding evidence of crime”.
▪See Garner, B. Black’s Law
Dictionary 9th edition. p. 1468.
▪S.9(1)(a) ACJA; S. 5(1) ACJL Lagos;
S. 32(1) ACJL Kano.
MR UGOCHUKWU CHARLES KANU;
* NIG LAW SCH, LAGOS 23
POWERS OF THE POLICE
TO SEARCH
❑ Police & other law enforcement agencies
are empowered to detain and search
persons having in his possession
anything stolen or illegally obtained. See
s. 4 & 29 Police Act.
❑ Such search must be propelled by
reasonable suspicion.
❑ Regard must however be had to section
37 of the 1999 Const.
MR UGOCHUKWU CHARLES KANU;
* NIG LAW SCH, LAGOS 24
TYPES OF SEARCH
1. Search of persons,
2. Search of premises;
3. Search of things.
MR UGOCHUKWU CHARLES KANU;
* NIG LAW SCH, LAGOS 25
SEARCH OF PERSONS
▪ The body of a person arrested in
connection with an offence, may be
searched. See S.9 (1) ACJA; S. 5(1)
ACJL Lagos; S. 32(1) ACJL Kano.
▣ Such persons may also be exposed to
medical examination. See S.11 ACJA; S.
5(6) ACJL Lagos; S. 34 ACJL Kano.
MR UGOCHUKWU CHARLES KANU;
* NIG LAW SCH, LAGOS 26
NEED FOR SEARCH
WARRANT…?
▣ Search warrant not required. See S.9(1)
ACJA; S.5(1) ACJL Lagos; S. 32(1) ACJL
Kano.
▣ Recovered items to be kept in safe
custody. See S.9 (1)(b) ACJA; S. 5(1)
ACJL Lagos; S. 32(1) ACJL Kano.
▣ Such items are referred to as exhibits.
MR UGOCHUKWU CHARLES KANU;
* NIG LAW SCH, LAGOS 27
INVENTORY OF RECOVERED
ITEMS.
▣ Inventory of recovered items from the suspects
shall be made. See S.10(1) ACJA; S.6(a) ACJL
Lagos; S. 33(1) ACJL Kano.
▣ The inventory to be signed by the Officer and the
arrested person. See S.10 (2) ACJA; S. 6(a)
ACJL Lagos and S. 33(2) ACJL Kano.
▣ Failure to sign the inventory shall not invalidate
it. See S.10 (2) ACJA and S. 33(2) ACJL Kano.
▣ Copy of the inventory to be given to the arrested
person/ lawyer. See S.10 (3) ACJA; S. 6(b) ACJL
Lagos and S. 33(3) ACJL Kano.
MR UGOCHUKWU CHARLES KANU;
* NIG LAW SCH, LAGOS 28
SEARCH OF A WOMAN
MR UGOCHUKWU CHARLES KANU;
* NIG LAW SCH, LAGOS 29
TO BE DONE BY THE
SAME SEX
❑ Woman to be searched by a woman.
See Ss.9(3) & 149 (3) ACJA; Ss. 5(2)
ACJL & 109(3) Lagos; Ss. 32(3) &
159(3) ACJL Kano; S.6(2) CPL;
S.44(3) CPCL; S.5(2) ACJL.
❑ Strict regard to decency. See S.9(3)
ACJA; S. 5(2) ACJL Lagos; S. 32(3)
ACJL Kano.
MR UGOCHUKWU CHARLES KANU;
* NIG LAW SCH, LAGOS 30
SAME SEX SEARCH CONTD.
❑ QUERE: The above rule does it apply
to search of a Man?
❑ See S.9(3) ACJA; S.5(2) ACJL Lagos
and S. 32(3) ACJL Kano.
❑ QUERE: Does the rule on search of a
woman extend to her appurtenances?
MR UGOCHUKWU CHARLES KANU;
* NIG LAW SCH, LAGOS 31
ACJA INNOVATIONS ON SEARCH
OF A WOMAN
▪ ACJA permits a man to search a woman if
the urgency of the situation demands.
▪ ACJA permits a man to search a woman if
the interest of due administration of
justice makes it impracticable for the
search to be carried out by a person of
the same sex.
See s.9 (3) ACJA.
MR UGOCHUKWU CHARLES KANU;
* NIG LAW SCH, LAGOS 32
SEARCH OF PREMISES
▪ Search warrant is a condition precedent.
See S.143 ACJA; S. 104(c) ACJL
Lagos; S. 153 ACJL Kano.
▪ This accords with s.37 1999 Const.
▪ But see s.45 (1) 1999 Const.
MR UGOCHUKWU CHARLES KANU;
* NIG LAW SCH, LAGOS 33
SEARCH OF PREMISES CONTD.
▣ An officer with arrest warrant may search
premises without search warrant.
▣ To be on information that the suspect
sought to be arrested is hiding there.
▣ See S.12 (1) ACJA; S.7(1) ACJL Lagos;
S. 35(1) ACJL Kano.
MR UGOCHUKWU CHARLES KANU;
* NIG LAW SCH, LAGOS 34
RIGHT OF INGRESS & EGRESS
▣ Where ingress is denied, Officer is
entitled to use force to break in and out
of the place.
See Ss.12 (2) & 13 ACJA; Ss. 7(2) & 8
ACJL Lagos; Ss. 35(2) & 36 ACJL
Kano.
QUERE: Must the officer executing the
search warrant be searched before he
starts the search?
MR UGOCHUKWU CHARLES KANU;
* NIG LAW SCH, LAGOS 35
SEARCH OF A PLACE OCCUPIED
BY A WOMAN IN PURDAH
▣ To be notified of the impending search for
her withdrawal.
▣ Reasonable time to be given.
▣ QUERE: Assuming a woman officer is
to conduct the search, any need for
notification?
▣ See Ss.12 (3) &149 (6) ACJA; Ss. 7(3)
& 109(3) ACJL Lagos; Ss. 35(3)(b)
ACJL Kano.
MR UGOCHUKWU CHARLES KANU;
* NIG LAW SCH, LAGOS 36
WHEN PREMISES MAY BE
SEARCHED WITHOUT SEARCH
WARRANT.
1. Person to be arrested enters/runs into
another premises.
2. A Magistrate or Justice of Peace can direct
a search to be conducted in his presence
in a place where he can issue a warrant.
S.152 ACJA;S.162 ACJL Kano.
3. A Custom officer may enter or break into
a place where he reasonably suspects
items are concealed. S.147(1) CEMA.
MR UGOCHUKWU CHARLES KANU;
* NIG LAW SCH, LAGOS 37
SEARCH OF PREMISES
WITHOUT WARRANT CONTD.
4. An officer of NDLEA/ Police are
empowered to without warrant enter
premises to search where there is reason
to believe drugs are kept.
See s. 32 NDLEA Act.
5. Where a Court makes an Order for the
release of an abducted or unlawfully
detained person.
See S.77 (2) CPCL.
MR UGOCHUKWU CHARLES KANU;
* NIG LAW SCH, LAGOS 38
SEARCH OF PREMISES
WITHOUT WARRANT CONTD.
6. Officers of NSCDC may enter premises
and seize items suspected to be used for
vandalization, premises of an illegal dealer
in petroleum product etc.
see s.3 NSCDC (Amendment) Act 2017;
Commandant General NSCDC V Ukpeye
(2013) 3 WLR 149.
MR UGOCHUKWU CHARLES KANU;
* NIG LAW SCH, LAGOS 39
WHO MAY ISSUE SEARCH
WARRANT?
1. A Court having jurisdiction within the
local limit of the police making an
investigation. This include the Federal
High Court , State and FCT. High Court,
Magistrate, Area, and Sharia Courts
2. A Justice of the Peace;
▪ See S.146(1) ACJA; S.106(1) ACJL
Lagos; S.156(1) ACJL Kano.
QUERE: Can a Police officer Issue a
Search Warrant? Under the Old
MR UGOCHUKWU CHARLES KANU;
*
Police Act, a Superior Police
NIG LAW SCH, LAGOS 40
INVALIDITY OF A SEARCH
WARRANT
▣ The death, resignation, retirement of the
issuing authority does not affect its
validity.
See S.146 (2) ACJA; S. 106(2) ACJL
Lagos and S.156(2) ACJL Kano .
MR UGOCHUKWU CHARLES KANU;
* NIG LAW SCH, LAGOS 41
LIFE SPAN OF A SEARCH
WARRANT
▣ A search warrant remains in force when
issued until:
⮚ It is executed or
⮚ Cancelled by the issuing authority.
See S.146 (2) ACJA; S.106(2) ACJL
Lagos and S.156(2) ACJL Kano.
MR UGOCHUKWU CHARLES KANU;
* NIG LAW SCH, LAGOS 42
TIME OF ISSUANCE AND
EXECUTION OF SEARCH
WARRANT
▣ It may be issued and executed any day
and any time including .Saturday, Sunday
and Public holiday.
See S. 148 ACJA and S.158 ACJL Kano
❑ But in Lagos, the Search warrant shall be
executed in the period between 5:00am-
8:00pm.
❑ See Section 108(1) ACJL Lagos
MR UGOCHUKWU CHARLES KANU;
* NIG LAW SCH, LAGOS 43
TIME OF ISSUANCE AND
EXECUTION OF SEARCH
WARRANT
▣ The ACJL., Lagos however, allows the
Court to order for the execute at any
other time.
S. 108(1) ACJL;
▣ The authorization order is to be endorsed
on the warrant.
108(2) ACJL Lagos.
MR UGOCHUKWU CHARLES KANU;
* NIG LAW SCH, LAGOS 44
MR UGOCHUKWU CHARLES KANU;
* NIG LAW SCH, LAGOS 45
PROCEDURE OF PROCURING A
SEARCH WARRANT
▣ Information on oath & in writing.
See S. 143-144(1) ACJA;S.104 ACJL
Lagos; S.154(1) ACJL Kano.
▣ Warrant to be endorsed by the
Judge, ,Magistrate or Justice of the Peace
issuing it. See S.146 ACJA; S.106 ACJL;
and S.156(1) ACJL Kano.
MR UGOCHUKWU CHARLES KANU;
* NIG LAW SCH, LAGOS 46
PROCEDURE FOR EXECUTION
OF SEARCH WARRANT
▣ Occupant/owner of the premises shall be
allowed to be present during the search.
See S. 150 ACJA; S.160 ACJL Kano.
▣ Under ACJA and the ACJL., Kano, the
search shall be carried out in the
presence of occupant/owner and 2
witnesses and the person to whom the
search warrant is addressed may also
provide a witness within the
neighborhood unless the court directs
otherwise.
MR UGOCHUKWU CHARLES KANU;
* NIG LAW SCH, LAGOS 47
EXECUTION OF SEARCH WARRANT
OUTSIDE JURISDICTION
▣ The procedure is provided for under
section 151 ACJA; S.161 ACJL, Kano.
▣ This provision is absent in ACJL Lagos.
MR UGOCHUKWU CHARLES KANU;
* NIG LAW SCH, LAGOS 48
SEARCH OF THINGS
▣ This is the general duty of the Police.
▣ Search warrant not required.
▣ This however depends on what is to be
searched.
See s.4 & 28 Police Act; S. 50-52 of the
ACJA; Ss.52-54 ACJL Lagos S.25 ACJL
Kano.
MR UGOCHUKWU CHARLES KANU;
* NIG LAW SCH, LAGOS 49
SEIZING GOODS OR THINGS NOT
SPECIFIED IN THE WARRANT
▣ Only goods specified in the warrant shall
be seized.
▣ But, if other incriminating materials are
found, they may be seized.
See Elias v. Pasmore (1934) 2 K.B. 164;
Nwagu v. Wawa (1957) NRNLR 187 at
188.
MR UGOCHUKWU CHARLES KANU;
* NIG LAW SCH, LAGOS 50
ADMISSIBILITY OF EVIDENCE
ILLEGALLY OBTAINED
▣ Previously covered by case laws like:
Kuruma v R (1955) 1 All ER 236; R V
Letham 8 Cox Crim. Cases 501; Musa
Sadua & Anor. V State (1968) NMLR 208.
▣ Admissibility of such evidence is now
regulated by section 14 & 15 Evidence
Act 2011.
MR UGOCHUKWU CHARLES KANU;
* NIG LAW SCH, LAGOS 51
CIVIL LIABILITY FOR WRONGFULLY
PROCURING SEARCH WARRANT
QUERE: Does liability attach to the
informant or the officer executing the
warrant or both?
▣See Garba v Maigoro (1992) 5 NWLR (Pt.
243) 588; Balogun v Amubikahu (1989) 3
NWLR (Pt. 107) 18; Ojo v Lasisi (2001)
FWLR (Pt. 156) 886.
MR UGOCHUKWU CHARLES KANU;
* NIG LAW SCH, LAGOS 52
SUMMONS
WHAT IS?
▣ An order in writing commanding the
person named therein to appear before
the court on a named date and time to
answer to allegations of crime.
▣ See S.113 ACJA ; S.112 ACJL Lagos;
S.130(1) ACJL Kano.
▣ It is usually issued in respect of minor
offences upon a complaint by a Police
officer and need not be on oath.
▣ Issued in duplicates.
MR UGOCHUKWU CHARLES KANU;
* NIG LAW SCH, LAGOS 53
WHO MAY ISSUE SUMMONS?
▪ It is issued by a Judge or Magistrate.
▪ It may also be issued by a Justice of the
Peace. See Ss.113 & 117 ACJA; S.79
ACJL Lagos; S.130(1) & 133 ACJL
Kano.
▪ QUERE: Can a Police officer issue
summons?
MR UGOCHUKWU CHARLES KANU;
* NIG LAW SCH, LAGOS 54
DISCRETION TO ISSUE
WARRANT OR SUMMONS
▪ It is within the discretion of the Court to
elect whether to issue summons or
warrant.
▪ See S.114 ACJA; S.80 ACJL Lagos;
S.131(1)(b) ACJL Kano.
MR UGOCHUKWU CHARLES KANU;
* NIG LAW SCH, LAGOS 55
LIFE SPAN OF SUMMONS
▣ Once issued it remains in force until:
🗉 executed,
🗉 or cancelled by the issuing authority.
See S.139 ACJA; S.100 ACJL Lagos and
S.149 ACJL Kano.
MR UGOCHUKWU CHARLES KANU;
* NIG LAW SCH, LAGOS 56
VALIDITY OF THE SUMMONS
▣ Death, resignation, retirement or removal
from office of the person who issued the
summons does not affect its validity.
See S.139 ACJA; S.100 ACJL Lagos and
S.149 ACJL Kano.
MR UGOCHUKWU CHARLES KANU;
* NIG LAW SCH, LAGOS 57
CONTENTS OF SUMMONS
1. A brief statement of the offence;
2. The name of the offender;
3. A direction to the offender to appear in
court at a particular date and time. See
S.118 ACJA & 83 ACJL Lagos; S.133
ACJL Kano.
4. The date of issue;
5. Signature of the issuing authority.
⮚ See S.117 & 120 ACJA; S.85 ACJL
Lagos; S.135 ACJL Kano.
MR UGOCHUKWU CHARLES KANU;
* NIG LAW SCH, LAGOS 58
SERVICE OF SUMMONS
▣ May be done by a Police officer, or
▣ May be done by an officer of the court;
See S. 122 ACJA; S.86 ACJL; S.136 ACJL
Kano.
▣ Courier company registered with CJ as a
process server. See S.122 ACJA; S.85 ACJL
Lagos; S.136 ACJL Kano.
MR UGOCHUKWU CHARLES KANU;
* NIG LAW SCH, LAGOS 59
SUBSTITUTED SERVICE
▣ Service of Criminal Summons is personal.
▣ Substituted service may be ordered
where personal service is impracticable.
See S.124 ACJA; S.88 ACJL Lagos; S.138
ACJL Kano.
▣ Note the condition precedent.
MR UGOCHUKWU CHARLES KANU;
* NIG LAW SCH, LAGOS 60
SERVICE OF SUMMONS
OUTSIDE JURISDICTION
▣ Procedure is by sending the duplicate to a
court in the Division or District where the
person summoned is.
See S.126 ACJA; S.91 ACJL Lagos; S.140
ACJL Kano.
MR UGOCHUKWU CHARLES KANU;
* NIG LAW SCH, LAGOS 61
CONSTITUTIONAL SAFEGUARDS
RELATING TO ARREST & SEARCH
1. Right to dignity of human person. S.34
1999 Constitution; s.8 (1) (a) ACJA;
S.31(1) ACJL Kano.
2. Right to Personal Liberty. S.35 (1) 1999
Constitution.
3. Right to silent. S. 35 (2) Const; s. 6(2)
(a)ACJA; S.3(2)(a) ACJL Lagos; S.29(2)(a)
ACJL Kano.
4. Information of offence. S.35(3) Const.
5. Arraignment within a reasonable time. S.
35 (4) Const.
* 6. MRRight
NIG LAW to Counsel.
UGOCHUKWU CHARLES KANU;
SCH, LAGOS 62
APPRECIATION
MR UGOCHUKWU CHARLES KANU;
* NIG LAW SCH, LAGOS 63
