ADVANCES AND CHALLENGES OF CRIMINNAL PROCEDURE IN THE ADMINISTRATION OF CRIMINAL JUSTICE ACT 2015

By 

ONYEKACHI UMAH, ESQ., LL.M, ACIArb(UK)

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Founder, LearnNigerianLaws.com

Convener, Sabi Law Lecture Series

(#DailyLawTips, #SabiLawChallenage, #CriminalJusticeMonday,  #SabiLawLecturesSeries)

 

DELIVERED ON TUESDAY, 16TH JULY 2019 (10:00 AM)

AT THE CONFERENCE ON THE IMPLEMENTATION OF HUMAN RIGHTS IN THE ADMINISTRATION OF CRIMINAL JUSTICE ACT, 2015

HELD AT THE LAW FACULTY, BAZE UNIVERSITY, ABUJA.

 

 

21st SABI LAW LECTURE SERIES. 

 LECTURE CONTENTS:

           

      0. Profile of Onyekachi Umah

  1. 1.PresentationPlan & Outcome
    2.Assumptions
    3.Facts
    4. Pre-ACJA Era
    5. ACJA Era
    6. A peep at the Repealed Administration of Justice Commission Act, 1991
    7. ACJA’sShortcomings
    8. SabiLawMaster’s Interlude
    9. The Way Forward
    10.Conclusion
      

    OBJECTIVE OF THE 21ST SABI LAW LECTURE SERIES

    This paper highlights gaps in the Administration of Criminal Justice Act (ACJA) and the challenges in Nigeria's criminal justice system. It will conclude with proposed remedies for an effective criminal justice system.

     

Full text of this lecture can be downloaded for FREE via this link or the link below after the comment box.  

 CLICK ME TO DOWNLOAD THE FULL PAPER OR CLICK ON THE LINK PLACED AFTER THE COMMENT BOX, BELOW. 

#SabiLaw

#SabiLawLectureSeries

 

YOU TOO CAN PERSONALLY ARREST ANY PERSON DAMAGING PUBLIC PROPERTY.
Daily Law Tips (Tip 372) by Onyekachi Umah, Esq., LLM. ACIArb(UK)

*WHEN CAN AN OWNER OF PROPERTY ARREST A SUSPECT. *
Daily Law Tips (Tip 368) by Onyekachi Umah, Esq., LLM. ACIArb(UK)

WHEN AND FOR HOW LONG CAN POLICE ARREST A PERSON FOR REFUSING TO GIVE HIS NAME OR RESIDENTIAL ADDRESS.
Daily Law Tips (Tip 357) by Onyekachi Umah, Esq., LLM. ACIArb(UK)

*12 SITUATIONS WHERE POLICE OFFICERS CAN ARREST WITH WARRANT.*
Daily Law Tips (Tip 350) by Onyekachi Umah, Esq., LLM. ACIArb(UK)

AN ARRESTED PERSON NEED NOT SPEAK ENGLISH, HE HAS RIGHT TO FREE INTERPRETER IN POLICE STATIONS.
Daily Law Tips (Tip 346) by Onyekachi Umah, Esq., LLM. ACIArb(UK)

*5 PERSONS THAT SHOULD BE PRESENT BEFORE AN ARRESTED PERSON WILL MAKE STATEMENT IN POLICE.*
Daily Law Tips (Tip 343) by Onyekachi Umah, Esq., LLM. ACIArb(UK)

Police and other security agencies in Nigeria have no right whatsoever to FORCE/CAJOLE/INTIMIDATE an arrested person to make any oral or written statement. It is the right of an arrested person to make or not to make a statement. It is the duty of police to carry out investigations and not to force arrested person to make statements.
However, if an arrested person wants to make a statement, it is the right of the arrested person to make his statement in the presence of a legal practitioner of his choice (and not a lawyer provided by police). Where arrested person has no lawyer of his choice, then he can make his statement in presence an officer of the Legal Aid Council of Nigeria or an official of a Civil Society Organisation or a Justice of Peace or even any other ordinary person including a woman.

Recommendation: The use of the word “MAY” in the sentence, “Such statement MAY be taken in the presence of a legal practitioner....” should be made to be “SHALL”. This will remove discretion from police and ensure greater compliance. Considering the poor attitude of security agencies in Nigeria, there is a serious need for lawyers and third parties to observe and participate in management of arrested/detained persons to ensure respect for human rights. This is very important since the section of the law providing for confessions to be recorded on video also uses “MAY” and most police stations have no cameras and steady power supply.

My authorities are sections 15(4), 15(5), 17(1), 494 and 495 of the Administration of Criminal Justice Act, 2015 and other similar laws across States in Nigeria.

#CriminalJusticeMonday
#DailyLawTips
#SabiLaw
#LearnNigerianLaws

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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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*POLICE HAS NO POWERS TO FORCE AN ARRESTED PERSON TO MAKE STATEMENT*. Daily Law Tips (Tip 339) by Onyekachi Umah, Esq., LLM. ACIArb(UK)

It is unlawful for any police officer or security agent to force any arrested or invited person to make or write any statement. Statements should not be obtained by force or deceit. Statement must not be made before an arrested person can be released or granted bail. It is the right of an arrested person to make or not to make a statement.

Well, considering the poor attitude of Nigerian security agents, instead of being molested and losing a limb, please do give them a statement and obtain your freedom. Then engage a good lawyer to go after the concerned arresting officers.

My authorities are sections 17(1), 494 and 495 of the Administration of Criminal Justice Act, 2015 and other similar laws across States in Nigeria.

#CriminalJusticeMonday
#DailyLawTips
#SabiLaw
#LearnNigerianLaws

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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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*NOW, THERE IS A CENTRAL CRIMINAL RECORDS REGISTRY IN NIGERIA.*
DAILY LAW TIPS (Tip 334) by Onyekachi Umah, Esq., LLM. ACIArb(UK)

NEW WAY OF RECORDING CONFESSIONAL STATEMENTS OF A CRIMINAL SUSPECT IN NIGERIA.
DAILY LAW TIPS (Tip 329) by Onyekachi Umah, Esq., LLM. ACIArb(UK)

*SURPRISINGLY, POLICE OFFICER MUST WITNESS ALL COMMUNICATION BETWEEN LAWYER AND ARRESTED SUSPECT. * DAILY LAW TIPS (Tip 311) by Onyekachi Umah, Esq., LLM. ACIArb(UK)

Although, lawyers are authorised to have private and privileged communication with clients, where a lawyer is to communicate with an arrested suspect, such communication or legal advice must be done in the presence of a police officer or any officer of the security agency having custody of the arrested suspect.

My authorities are sections 14(3), 494 and 495 of the Administration of Criminal Justice Act, 2015 and other similar laws across States in Nigeria.

You can download for free the above mentioned laws/regulations with the link below after the comment box.

#CriminalJusticeMonday
#DailyLawTips
#SabiLaw
#LearnNigerianLaws

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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*SURPRISINGLY, POLICE OFFICER MUST WITNESS ALL COMMUNICATION BETWEEN LAWYER AND ARRESTED SUSPECT. * DAILY LAW TIPS (Tip 311) by Onyekachi Umah, Esq., LLM. ACIArb(UK)

Although, lawyers are authorised to have private and privileged communication with clients, where a lawyer is to communicate with an arrested suspect, such communication or legal advice must be done in the presence of a police officer or any officer of the security agency having custody of the arrested suspect.

My authorities are sections 14(3), 494 and 495 of the Administration of Criminal Justice Act, 2015 and other similar laws across States in Nigeria.

You can download for free the above mentioned laws/regulations with the link below after the comment box.

#CriminalJusticeMonday
#DailyLawTips
#SabiLaw
#LearnNigerianLaws

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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*MUST ARRESTED SUSPECT BE ALLOWED TO MEET LAWYER IN ALL CASES.* DAILY LAW TIPS (Tip 306) by Onyekachi Umah, Esq., LLM. ACIArb(UK)

No matter the type/kind of case, an arrested suspect is believed to have committed or the status of the person that reported an arrested person or the security agency that arrested a suspect, an arrested suspect MUST be allowed to seek and receive legal advice from any lawyer of his choice. No security agency can choose or reject lawyers for an arrested person! Hence, an arrested person MUST be given reasonable facilities to get legal services, obtain bail and defend himself for any crime in Nigeria.

My authorities are sections 14(2), 494 and 495 of the Administration of Criminal Justice Act, 2015 and other similar laws across States in Nigeria.

You can download for free the above mentioned laws/regulations with the link below after the comment box.

#CriminalJusticeMonday
#DailyLawTips
#SabiLaw
#LearnNigerianLaws

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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HOW LONG CAN ARRESTED PERSON BE HELD BEFORE TAKEN TO POLICE STATION. DAILY LAW TIPS (Tip 301) by Onyekachi Umah, Esq., LLM. ACIArb(UK)

First of all, any person in Nigeria can arrest a person he suspects to have committed an offence. Where and when any person is arrested for any offence, such arrested person must be IMMEDIATELY taken to a police station.
Hence, no person, party, company, church, royal home, estate, school, or family can arrest and detain any person/suspect without immediately handing over such arrested person to the nearest police station. This is also applicable to government offices and agencies that have no statutory powers to arrest, detain and prosecute criminal suspects.

My authorities are sections 14, 494 and 495 of the Administration of Criminal Justice Act, 2015 and other similar laws across States in Nigeria.

You can download for free the above mentioned laws/regulations with the link below after the comment box.

#CriminalJusticeMonday
#DailyLawTips
#SabiLaw
#LearnNigerianLaws

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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POLICE OFFICERS CAN BREAK OUT OF ANY HOUSE/PLACE IN NIGERIA.
DAILY LAW TIPS (Tip 291) by Onyekachi Umah, Esq., LLM. ACIArb(UK)

A Police Officer can break out of any house or place to gain liberation for himself or any other person, having entered such place lawfully during an attempt to arrest any person. Such police officer has no liability for any damage because he cannot be detained in any place for attempting to make an arrest.

My authorities are sections 13, 494 and 495 of the Administration of Criminal Justice Act, 2015 and other similar laws across States in Nigeria.

You can download for free the above mentioned laws/regulations with the link below after the comment box.

#DailyLawTips
#SabiLaw
#LearnNigerianLaws

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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DAILY LAW TIPS
by Onyekachi Umah,Esq.
(Tip 285)
WHEN CAN POLICE SEARCH A HOUSE WITHOUT A WARRANT.

Ordinarily, police and every other security agency cannot search a house/property without a search warrant(written authority) issued by a court.
One of the situations, where a security officer can search any property/place without a search warrant is where a criminal suspect sought to be arrested is inside such house/property or is believed to be inside such house. In such situation, the person in charge of such house must give free access and all needed support to the security agency to search the property for the suspect.

My authorities are sections 12(1), 494 and 495 of the Administration of Criminal Justice Act, 2015 and other similar laws across States in Nigeria.

You can download for free the above mentioned laws/regulations with the link below after the comment box.

#DailyLawTips
#SabiLaw
#LearnNigerianLaws

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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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.

 

#CriminalJusticeMonday

#DailyLawTips

#SabiLaw
#LearnNigerianLaws

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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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
#DailyLawTips
#SabiLaw
#LearnNigerianLaws
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
#DailyLawTips
#SabiLaw
#LearnNigerianLaws
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 235)
“THE 4 CONDITIONS FOR AN ARRESTED PERSON TO BE SEARCHED BY A POLICE OFFICER EVEN AFTER BAIL.”

There are 4 conditions/situations were a police officer can search an arrested suspect even after such arrested suspect has being offered bail and his bail conditions are met.
The situations are where there are good possibilities that:
1. The suspect has a stolen article.
2. The suspect has an object that can cause Violence or a poisonous substance.
3.The suspect has materials related with the offence he is alleging to have committed
4. The suspect has materials that may provide evidence against the suspect with regards to the offence against him.

My authority is section 9(2) of the Administration of Criminal Justice Act, 2015 and similar laws across the states in Nigeria.

#CriminalJusticeMonday
#DailyLawTips
#SabiLaw
#LearnNigerianLaws

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 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
#DailyLawTips
#SabiLaw
#LearnNigerianLaws

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 225)
“POLICE AND THE REMOVAL OF CLOTHES OF A SUSPECT IN DETENTION; WHAT THE LAW SAYS”

Often times, once a suspect is brought into a police station for detention all his clothes are taken away from him, leaving such suspect with only his pant. Such practise is illegal.
A suspect when brought to police station is entitled to wear and keep necessary clothes; which means clothes to cover his body and not just his private part.

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

#CriminalJusticeMonday
#DailyLawTips
#SabiLaw
#LearnNigerianLaws

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.

#DailyLawTips
#SabiLaw
#LearnNigerianLaws

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 210)
“An Arrested Must Be Charged To Court Or Be Released”

Not even the Police or security agency in Nigeria has powers to arrest any person and detain such person without charging such person to court.
No more endless detention of suspects, no matter the offence. When arrested, demand to be charged to court or be released, it is your right.

My authority is sections 8(3) of the Administration of Criminal Justice Act, 2015.

#CriminalJusticeMonday
#DailyLawTips
#SabiLaw
#LearnNigerianLaws

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 205)
“You Cannot Be Arrested For Breach Of Contract/Refusal To Pay Debt.

It is not an offence to owe any person, no matter the amount owed and duration. It also not an offence to breach any agreement(contract) whether written or oral. Nigerian Police has NO business with recovery of debt or settlement of disputes arising from contracts or any civil issue. Go to court through your lawyer and not to police station!

My authority is section 8 (2) of Administration of Criminal Justice Act, 2015.

#CriminalJusticeMonday
#DailyLawTips
#SabiLaw
#LearnNigerianLaws
 

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 200)
“It Is The Duty Of Nigerian Police TO Contact The Family Of An Arrested Person”

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.

ADVERT:

 

#CriminalJusticeMonday
#DailyLawTips
#SabiLaw
#LearnNigerianLaws

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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 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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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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#SabiLaw
#LearnNigerianLaw

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 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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