Have you often heard someone say or read online that the Nigerian Police cannot arrest a person without a warrant? Most people believe that before the Police can arrest a person, a warrant needs to be issued. Well, today we will try to look at this assertion and see whether it is totally true or not.
Table of Contents
The Truth
As a general rule, the Nigerian police need a warrant to arrest someone in all circumstances. However, this is not always the case. Nigerian law allows police officers to make arrests without a warrant under specific conditions. This flexibility is necessary to address urgent or potentially dangerous situations.
In many cases, particularly those involving non-violent offenses or where there is no immediate threat to public safety, or even in the cause of investigation, the police are required to obtain a warrant from a court before making an arrest. The warrant serves as judicial authorization, based on probable cause, that a crime has been committed.
Exceptions: Warrantless Arrests
The law provides for “arrests without warrants” in the following circumstances:
- Where there is a Crime in Progress: Section 35(1) of the Nigerian Constitution (1999, as amended) provides for the right to personal liberty, however, it also allows for detention in certain cases, such as when someone is reasonably suspected of committing a crime or the person is caught in the act of committing a crime.
- Reasonable Suspicion: A police officer may arrest without a warrant if they have reasonable grounds to suspect that a person has committed a felony or is about to commit one. Particularly, Section 38 of the Police Act (2020) give the police with authority to arrest without a warrant in cases where they have reasonable grounds to suspect a crime or when a crime is being committed.
- Breach of the Peace: If someone is disturbing public order or causing harm to others, they can be arrested without a warrant.
- Offender Fleeing Justice: The police can arrest someone attempting to escape lawful custody or evade justice without needing a warrant.
- Felonies: For serious offenses such as armed robbery, murder, or kidnapping, the police do not need a warrant due to the severity and urgency of the situation.
Sections 10 and 12 of the Criminal Procedure Act (CPA): Further outline the circumstances under which the police may arrest without a warrant, particularly if an offense occurs in their presence or they have reasonable suspicion of a felony.
Cases Where the Court Upheld an Arrest without Warrant
These positions have been upheld by the courts at various points in time. In Dokubo-Asari v. Federal Republic of Nigeria (2007) 12 NWLR (Pt.1048) 320 SC: The Supreme Court confirmed that warrantless arrests are constitutional where there are immediate concerns for public safety or law enforcement.
Also, in Chief Akwule & Ors v. The Queen (1963) 2 SCNLR 266, the court upheld the legality of an arrest without warrant when an offense occurs in the presence of a police officer or when there is reasonable suspicion of a serious crime.
Finally, in Fawehinmi v. IGP (2007) 7 NWLR (Pt.767) 606, The court emphasized the police’s lawful authority to arrest without a warrant, provided the arrest falls within the statutory conditions outlined in the Police Act and Criminal Procedure Act.
Conclusion
Police officers in Nigeria do not always require a warrant to make an arrest. They can arrest without a warrant if they witness a crime, have reasonable suspicion of criminal activity, or need to prevent a breach of the peace. Understanding these distinctions will help individuals know how to handle issues with law enforcement in Nigeria.
However, as an upright individual in the society, whenever the police tries to arrest you or anyone you know, and you are sure that you haven’t committed any offence, always insist that you see a warrant. If for any reason you have to accompany police officers to the station, ensure your family and friends know where you are going to and why.
So, there you have it. Did you know about this before? Don’t forget to like and share with your friends!!!
