ANSWERS TO FREQUENTLY ASKED QUESTIONS ABOUT ARREST AND SEARCHES IN NIGERIA; BY T.K GONTUL ESQ

“Police is your friend.” Some will agree, and some will not. It is no longer strange to hear about how people are being constantly harassed daily by the police authorities. Questions come to mind asking whether or not the police can search or arrest anyone on mere suspicion, and after such arrest, or search, what are the options available to the common man. This article would help to answer questions related to these questions and how best to go about police harassment .

WHAT IS AN ARREST?
Arrest is the apprehension of someone or the act of seizing someone with authority by law; to take such person into legal custody over suspicion of an offence. Generally, a warrant of arrest is needed to carry out arrest, but there are exceptions or situations where such warrant of arrest could be waived as of the time of arrest especially when there is a reasonable cause to act immediately by whoever is carrying out such arrest. AGBINONE &ORS(2019) LPELR-46431(CA)

WHO CAN CARRY OUT ARREST?
A judicial officer, police officer, or private person can carry out arrest in Nigeria. Yes, a private person can carry out an arrest and take such person to the responsible authority. So instead of jungle justice next time on apprehending someone who just committed an offence, why not arrest and take such offender, and take the person to the station and avoid being charged with a criminal liability. Arrest could be carried out before, during, or after the commission of an offence UKIRI V EFCC (2018) LPELR-43992(SC)

WHAT ARE THE MODES OF ARREST?
Anyone carrying out arrest must touch or confine the body of the suspect. Unless that person willingly submits by words or action to go to the station. Yes, a mere touch can serve as an arrest. The police, especially with an arrest warrant, must duly notify the person of the reason for the arrest. The law has provided that there should be no use of handcuffs during arrest, surprising, right? As we know how the police act when they come for arrest in our neighbourhood. However, the police can use such handcuffs for stubborn persons who may want to escape or for the safety of the person. A suspect can be arrested any day or anywhere and at any time except during court sessions or in a legislative sitting. TONY MOMMOH V THE SENATE HOUSE OF ASSMEBLY &ORS(1983)

WOULD POLICE ARREST ME IF THEY INVITE ME TO THE STATION FOR QUESTIONING AS A WITNESS?
A lot of people refuse to go to the station for fear of arrest when being invited/ summoned for questioning by the police. When you are invited by the police for questioning, it does not mean you will be arrested. However , it depends on what you tell them, as you may end up being a suspect yourself. So when you are invited to the police station, it is safer to go with a lawyer or ask a lawyer how best to answer questions to avoid unnecessary issues.

WHAT SHOULD I DO IF I GET ARRESTED WRONGFULLY?
It is common in Nigeria that a lot of persons rights are frequently infringed upon by the police authority, and at the end of the day, a “sorry” is said to quench the fire. However, if a person is being harassed by the police, do not fight back. Seek the expertise of a lawyer to help, especially if one can get the name of the police personnel involved in such an act. It is mostly advisable not to go around doing videos of the personnel as this may trigger issues or even cause the death of the person, and it will all go down to a case of “accidental discharge”. Involve a lawyer!.

WHAT IS SEARCHES?
This is the act of trying to secure material evidence by an authority on suspicion and to help such evidence to be obtained and not destroyed. The police can conduct a search on a person or property or both. Just like arrest, in most cases, a search warrant is to be issued by a superior authority, especially on search of properties, which sometimes goes hand in hand with an arrest warrant. Once such a search warrant is endorsed, it remains in force unless such has been executed or cancelled by the authority that issued it.

CAN MY HOUSE BE SEARCHED AT ANYTIME?
NO. A search warrant is meant to be carried out within the hours of 5a.m. to 8pm. and on anyday. However, the issuing authority can endorse it to be at any time, depending on the necessity of such search. The police officer has the right to retrieve any incriminating evidence not mentioned in a search warrant. MUSA SADUA V THE STATE

WHAT SHOULD I DO WHEN A POLICE OFFICER WANTS TO SEARCH MY HOUSE?
It is very important to first ask for a search warrant to be shown to you before such search can be done in your house, car or other properties, although sometimes , an officer can carry out such search without a warrant, and obtain same after the search is conducted. It is also very important that the police officer conducting the search must also be searched before he enters into the premises. This search must also be conducted in the presence of at least two adult witnesses. And if it is a muslim, women in seclusion must be evacuated before the search. SUNDAY JOHN V THE STATE (2003) LPELR-20536(CA)

CAN A MALE OFFICER SEARCH A FEMALE SUSPECT?
NO. A male officer is not to conduct a search on a lady. A female officer should do that. Or persons of same sex are to conduct search on each other and not the other way round However, where and when it is impossible to secure thesame sex to carry out a search and due to its urgency, the opposite sex can conduct such search. Such search must be done with utmost dignity and not to infringe on the rights of the person being searched. It should be modest unless the person is refusing such search to which the police has the power to use force in such instances.

WHAT SHOULD I DO WHEN MY PROPERTY IS ILLEGALLY SEIZED?
When a person’s property is illegally retrieved or seized during a search, one can apply to the police division for the release of such items. It is, however, advisable to engage the expertise of a lawyer for the application to be made. It is no news how most people’s properties are being unaccounted for even after seizure. Such application made would make such an officer who carried out the search and seizure to either return the property or pay for its worth.

All being said, the police are still your friend. Feel free to comment and ask more questions
Thank you