DAILY LAW TIPS
by Onyekachi Umah,Esq.
(Tip 255)
“IS AN ARRESTED PERSON ENTITLED TO LIST OF ALL PROPERTY TAKEN FROM HIM”

Gone are the days property of an arrested person are stolen or lost by an arresting officer. It is the duty of an arresting police officer to record details and inventory of all items and property recovered from an arrested person. Such must be signed by both the police officer and arrested person. Then, the arrested person and his lawyer as well as any other person the arrested person may authorise are entitled to copies of the inventory.

My authorities are sections 10(1), (2), (3) and 494 of the Administration of Criminal Justice Act, 2015 and other similar laws across States in Nigeria.

 

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DAILY LAW TIPS
by Onyekachi Umah,Esq.
(Tip 250)
“CAN POLICE RELEASE, RECOVERED PROPERTY TO ITS OWNER, EVEN WHERE IT’S AN EXHIBIT TO BE USED IN COURT”.

Often times, Police officers refuse to release stolen but recovered property to their owners under the excuse that such are “exhibits” to be used in court against arrested suspects. This causes hardship and even damage to property.

Now by the Administration of Criminal Justice Act 2015, upon a request, a police officer has right to release any property recovered from an arrested suspect to the owner of such property or to any person that has interest on such property. Such property is to be released on bond (an undertaking to return such property where the need arises) until such arrested suspect is sent to court.

If police fails to release such property, then such police must make a report to the court stating information of the property recovered from the arrested suspect and the court can then order that such property be returned to its owners in the interest of justice, where necessary.

Note that where an arrested suspect is released and not charged to court for lack of evidence, any property recovered from such arrested suspect must be returned to him unless there is proof that such property is connected to crime.

My authorities are sections 10(4)(5)(6)and 7 and 494 of the Administration of Criminal Justice Act, 2015 and other similar laws in states across Nigeria.

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Feel free to reach the author, ask questions or make inquiries on this topic or any other via This email address is being protected from spambots. You need JavaScript enabled to view it. or This email address is being protected from spambots. You need JavaScript enabled to view it. or +2348037665878.

NOTE: Sharing or modifying or publishing this publication without giving credit to Onyekachi Umah, Esq. and “LearnNigerianLaws.com” is a criminal breach of copyright and will be prosecuted. Please share this publication till it gets to those that need it most. Save a Nigerian today!

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This publication is the writer’s view not a legal advice and does not create any form of relationship. You may reach the writer for more information.

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DAILY LAW TIPS
by Onyekachi Umah,Esq.
(Tip 245)
“AN ARRESTING POLICE OFFICER CAN SEIZE ANY WEAPON FOUND”

An arresting police officer does not need a court order to seize any instrument of violence and poisonous materials found on any suspect. Even a civilian, a non police office making an arrest has rights to seize such weapons and poisonous materials too.

My authorities are sections 9(4) and 494 of the Administration of Criminal Justice Act, 2015 and similar laws across the states in Nigeria.

#CriminalJusticeMonday
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NOTE: Sharing or modifying or publishing this publication without giving credit to Onyekachi Umah, Esq. and “LearnNigerianLaws.com” is a criminal breach of copyright and will be prosecuted. Please share this publication till it gets to those that need it most. Save a Nigerian today!

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This is the writer’s view not a legal advice and does not create any form of relationship. You may reach the writer for more information.

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DAILY LAW TIPS
by Onyekachi Umah,Esq.
(Tip 240)
“SITUATIONS WHERE A MALE SECURITY OFFICER CAN SEARCH FEMALES IN NIGERIA.”

Above all, all searches must be conducted decently. By law a person can be searched by a police officer of same sex but where there is urgent situation or in interest of justice it is impossible for same sex police officer to conduct such search, a police officer of opposite sex can search a person of opposite sex. Hence, a male police officer can search a female suspect in such circumstances in any part of Nigeria. This extends to any officer of any law enforcement agency in Nigeria created by Act of National Assembly, like EFCC, DSS, NSA, NDLEA, ICPC, Customs, NAPTIP, Prisons and Civil Defence. This excludes all the private security companies and their officers.

My authorities are sections 9(3) and 494 of the Administration of Criminal Justice Act, 2015 and similar laws across the states in Nigeria.

#CriminalJusticeMonday
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NOTE: Sharing or modifying or publishing this publication without giving credit to Onyekachi Umah, Esq. and “LearnNigerianLaws.com” is a criminal breach of copyright and will be prosecuted. Please share this publication till it gets to those that need it most. Save a Nigerian today!

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This is the writer’s view not a legal advice and does not create any form of relationship. You may reach the writer for more information.

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DAILY LAW TIPS
by Onyekachi Umah,Esq.
(Tip 230)
“DUTY OF POLICE TO PROTECT ALL PROPERTY OF A SUSPECT IN DETENTION IN NIGERIA”

It is the duty of police officers to safely keep in custody all articles found on a suspect in detention apart from his/her necessary clothes.
Hence, suspects’ property including money, wallet, phones, jewelleries, car keys and tyres among other things should never get missing in a police station. If any of your property gets missing while in custody of police, you have a right to sue Nigerian Police and seek legal remedies! Talk to your lawyer.

My authority is section 9(1)(b) of the Administration of Criminal Justice Act, 2015 and similar laws across the states in Nigeria.

#CriminalJusticeMonday
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NOTE: Sharing or modifying or publishing this publication without giving credit to Onyekachi Umah, Esq. and “LearnNigerianLaws.com” is a criminal breach of copyright and will be prosecuted. Please share this publication till it gets to those that need it most. Save a Nigerian today!

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This is the writer’s view not a legal advice and does not create any form of relationship. You may reach the writer for more information.

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DAILY LAW TIPS
by Onyekachi Umah,Esq.
(Tip 215)
“Criminal Suspects Must Be Tried In Accordance With Known Law And Not Culture/Religion/Dictates of any Group or Person”.

Suspects of crime are assumed innocent and can only be tried in accordance with known laws and not according to any religion, culture, will of any group, cult or association or dictates of any person, politician, king or clergy.
In Abuja, Federal Capital Territory of Nigeria suspects are to be tried according to the Administration of Criminal Justice Act. The ACT is also used to try federal criminal cases in Federal High Courts located in any part of Nigeria.

My authorities are section 36 of the Constitution of the Federal Republic of Nigeria, 1999 and section 8 (4) Administration of Criminal Justice Act,2015.

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NOTE: Sharing or modifying or publishing this publication without giving credit to Onyekachi Umah, Esq. and “LearnNigerianLaws.com” is a criminal breach of copyright and will be prosecuted. Please share this publication till it gets to those that need it most. Save a Nigerian today!

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DAILY LAW TIPS 
            by Onyekachi Umah,Esq.
                  (Tip 200)
“It Is The Duty Of Nigerian Police TO Contact The Family Of An Arrested Person”
 
Nigerian Police as well as any other authority that arrests any person in Nigeria, has the responsibility of contacting and notifying the family of such arrested person, at no cost to the arrested person. It may be next of kin or relative of the arrested person and neither them nor the arrested person should be charged for any expenses (calls, text or transportation fare) spent in contacting them. Nigerian Police and every other government agency do have budgets and their staff are paid salary, so you don’t need to pay them or even give them gift. It is their job!
 
My authority is sections 6 of the Administration of Criminal Justice Act, 2015.
 
#CriminalJusticeMonday 
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NOTE: Sharing this publication without giving credit to Onyekachi Umah, Esq. and LearnNigerianLaws.com is a criminal breach of copyright and will be prosecuted. Please share this publication till it gets to those that need it most. Save a Nigerian today!
 
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This is the writer’s view not a legal advice and does not create any form of relationship. You may reach the writer for more information.
 
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DAILY LAW TIPS
by Onyekachi Umah,Esq.
(Tip 195)
“You Have A Right Not To Answer Questions or Write Statement For Nigerian Police”

It is your right to answer or refuse to answer any type of questions put to you by a police officer anytime and in anywhere until you consult with any lawyer of your choice. It is your right to remain silent and stare at the police officers while they wait for your lawyer to meet with you. So, police must allow you to first of all, choose a lawyer and talk with the lawyer before police can question you on anything.
NOTE; if police officers gets violent, kindly answer their questions and write statement BUT ensure you tell your lawyer how such police officers violated your rights. Be smart to remember the names and numbers of the concerned police officers.

My authorities are Sections 6 of Administration of Criminal Justice Act, 2015.

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DAILY LAW TIPS
by Onyekachi Umah,Esq.
(Tip 190)
“A Suspect Has A Right To Humane Treatments”

Every criminal suspect in Nigeria is assumed to be innocent until proven otherwise. As such, no matter the crime, every suspect is to be given humane treatment and not subjected to any form of torture, cruel, inhuman or degrading treatment. A suspect has fundamental human right to dignity of his person at all times even while in detention.

My authorities are sections 8 (1) (a) and (b)of the Administration of Criminal Justice Act, 2015.

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This is the writer’s view not a legal advice and does not create any form of relationship. You may reach the writer for more information.

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DAILY LAW TIPS
by Onyekachi Umah,Esq.
(Tip 185)
“Stalking Is An Offence In Nigeria”

It is a crime to stalk anyone in Nigeria. Stalking is punishable with imprisonment of not more than 2 years and or fine of #500,000.00.
Stalking is when someone repeatedly contacts you, follows you, sends you things, talks to you when you don't want them to, or threatens you.

My authority is section 17 of Violence Against Persons (Prohibition) Act, 2015.

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This is the writer’s view not a legal advice and does not create any form of relationship. You may reach the writer for more information.

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DAILY LAW TIPS
by Onyekachi Umah,Esq.
(Tip 180)
“No Person Can Be Arrested In Place Of Another Person In Nigeria”.

No person in Nigeria can be arrested in place of another person. You can only be arrested for an offence you committed or for an offence you are suspected to have committed and not for the offence of another or in place of another. You cannot be arrested in place of another person as a way to trap and force another person to surrender himself. You cannot even arrest a parent for the offence of his child.

My authority is section 7 of the Administration of Criminal Justice Act.

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Please share this till it gets to those that need it most. Save a Nigerian today!

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This is the writer’s view not a legal advice and does not create any form of relationship.

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DAILY LAW TIPS
by Onyekachi Umah,Esq.
(Tip 175)
“Arrest Without Touch or Confinement Of Body Of Suspect”.

A police officer while making an arrest has a right to touch or confine the body of his suspect. Such right cannot not be exercised where a suspect submits himself to the police officer in words or action. Example is a situation where a suspect offers to walk and did walk quietly with an arresting police officer into a police vehicle.

My authority is section 4 of the Administration of Criminal Justice Act, 2015.

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***This is the writer’s view not a legal advice and does not create any form of relationship. ***

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#CriminalJusticeMonday starts today!


#DailyLawTips on Mondays is for #CriminalJustice

It is our desire to pay more attention and promote awareness on Administration of Criminal Justice Act and Laws across Nigeria.

Welcome to our #CriminalJusticeMonday

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Signed

Kenechukwu AGWU, Esq.
Program Officer
LearnNigerianLaws.com
27/8/18

DAILY LAW TIPS
by Onyekachi Umah,Esq.
(Tip 170)
“Suspects Need Not Be Handcuffed or Restrained By Police In Nigeria”

A suspect of a crime is deemed innocence and should not be handcuffed, bound or restrained by police. Suspect can only be handcuffed where there is violence or attempt to escape or it is necessary for safety of suspect or a court ordered a suspect to be handcuffed.

My authority is section 5 of the Administration of Criminal Justice Act.

Please share this till it gets to those that need it most. Save a Nigerian today!

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