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

*YOU DONT NEED LICENSE FOR TASERS, STUN GUNS AND PEPPER SPRAYS IN NIGERIA.*
DAILY LAW TIPS (Tip 325) by Onyekachi Umah, Esq., LLM. ACIArb(UK)

Unlike France, UK, South Korea, Hong Kong, Kenya and Germany, in Nigeria, Taser Guns, Pepper Sprays and Stun Guns are not “FIREARMS” rather they are “OFFENSIVE WEAPONS” and require no licenses. You don’t need police clearance, license or permit to import, export, distribute, sell, purchase, own, possess, carry, display or use any offensive weapons, including any electroshock weapon, Taser Guns, Pepper Sprays and Stun Guns in any part of Nigeria. There is no federal or state law prohibiting the use of such, rather the law criminalises the use of offensive weapons for criminal activities or possession of such with a criminal mind.

It is a crime punishable with 3 years imprisonment to be found with any offensive weapon including, electroshock weapon, Taser Guns, Pepper Sprays and Stun Guns with an INTENTION to commit felony/offence. This includes being found with any offensive weapon with intention to break into a house or at night without any lawful excuse or with face masked/blackened.

"Offensive Weapon” is any article that is not a firearm, made or adapted to be used to cause injury on any person and this includes, air gun, bow and arrow, spear, cutlass, matchet, dagger, or any piece of wood, glass, metal or stone capable of being used to injure any person.

“Firearm” includes any gun, canon, revolver, flint-lock gun, pistol, explosive or ammunition or other firearm, whether complete or in parts/pieces.

My authorities are;
1. Sections 1, 403B, 408, 223, 224 and 225 of the Criminal Code Act, 1916,
2. Sections 1 and 2 of the Firearms Act 1959,
3. Section 11 and 12 of the Robbery and Firearms (Special Provisions) Act 1984,
4. Section 8(3) and 13 of the Public Order Act, 1979.

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*LIST OF INFORMATION THAT MUST BE COLLECTED FROM AN ARRESTED PERSON IN NIGERIA. * DAILY LAW TIPS (Tip 320) by Onyekachi Umah, Esq., LLM. ACIArb(UK)

Police or any other agency arresting any person in Nigeria, must collect and record some sensitive information about such persons. Below is the list of information that must be recorded;

1. The alleged offence, the arrested person is accused of committing.

2. Date and circumstances of the arrest of such person.

3. Full name, occupation and residential address of the arrested person.

4. For identification purposes, height, photograph, full fingerprint impressions and any other one of an arrested person.

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

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POLICE HAS POWERS TO PLAY MILITARY ROLES IN AND OUTSIDE NIGERIA. DAILY LAW TIPS (Tip 317) By Onyekachi Umah, Esq., LLM. ACIArb(UK).
 
Nigerian Police Force was created by law and among the powers given to it, is to conduct military duties specified within law. Such military duties can be performed inside Nigeria and outside Nigeria. 
When performing military duties outside Nigeria with any of the armed forces of Nigeria, the police must be under the military officer in charge of the armed forces. When performing military duties within Nigeria, the police remains under the command of a superior police officer(ie, an officer above the rank of cadet Assistant Superintendent of Police).
 
My authorities are sections 1, 4 and 12 of the Police Act, 1943.
 
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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.

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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.

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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.

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DAILY LAW TIPS
by Onyekachi Umah,Esq.
(Tip 280)
WHAT MALE POLICE OFFICERS MUST DO BEFORE ENTERING A WOMAN’S HOUSE.

Where a suspect sought to be arrested by a male police officer runs into a property occupied be a woman and such woman ordinarily does not appear in public by reason of custom or religion, the police Officer cannot just enter the said property without doing the following things;

1. The Police Officer must inform the woman to withdraw so that she will not be seen, if she pleases.

2. Police Officer must give the woman enough time and opportunity to withdraw and then enter the property.

My authorities are sections 12(3), 494 and 495 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 270)
“THE RIGHT OF POLICE TO BREAK/DAMAGE ANY HOUSE IN SEARCH OF SUSPECTS EVEN WITHOUT WARRANT TO SEARCH”.

A Police Officer as well as all other members of other security agencies have right to break any door or window in a house/place to gain entrance, search and arrest a suspect with a warrant of arrest. This is allowed where access to house/place cannot be obtained from the owner or occupier of the house/place a suspect entered into it or stays.

My authorities are sections 12(2), 494 and 495 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 262)
WHEN LAWYERS CAN PERSONALLY STAND BAIL FOR CLIENTS.

There is popular saying in Nigeria, that a lawyer cannot be surety and take a client on bail. Well, this is NOT true! There is no law that stops a lawyer from being a surety and taking a client (who is a suspect) on bail in any where in Nigeria. The Rules of Professional Conduct for Lawyers expressly prohibits lawyers from being sureties and taking their clients (who are accused persons) on bail in any court in Nigeria. The Rules purposely mentioned only courts and excluded detention centers including Police stations, Economic and Financial Crimes Commissions(EFCC), Independent Corrupt Practices Commission (ICPC), Department of State Services (DSS) and all other security agencies. Consequently, it is not a professional misconduct for a lawyer to be a surety and take his client who is a suspect on bail in any place but cannot do so for his clients who are accused persons in any court.

My authorities are Rules 37(1) and 57 of the Rules of Professional Conduct for Legal Practitioners, 2007.

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DAILY LAW TIPS
by Onyekachi Umah,Esq.
(Tip 260)
“CAN AN ARRESTED PERSON BE MEDICAL EXAMINED WITHOUT CONSENT”

Police or any other government owned security agency has right to arrest any person and medically examine such person without consent of the arrested person for needed evidence. The police can even use reasonable force where necessary in conducting such medical examination. Note that the medical examination must be conducted by a qualified medical practitioner or professional with needed skills.

My authorities are sections 11, 494 and 495 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 251)
“WHAT IS THE PUNISHMENT FOR ANY PERSON INCLUDING POLICE OFFICERS THAT TORTURES ANOTHER PERSON”.

In Nigeria, “Torture” includes parading of person in public, food deprivation, feeding with spoilt food or excreta, rubbing of pepper, rape, sexual abuse, use of drugs, blindfolding, threat/maltreatment of family and friends, prolonged interrogation to deny sleep, threat of death, denial of sleep, removal of clothes(nakedness), shaving of hair or secret detentions.
Any person that performs or witnesses or allows for any of the above to be performed on any person in Nigeria, upon conviction is punishable with imprisonment for a maximum term of 25 years.
Where torture caused death of tortured person, it is considered as murder and its punishable with death sentence.

My authorities are sections 2, 3, 8 and 13 of the Anti-Torture Act, 2017 and sections 316 and 319 of the Criminal Code as well as sections 220 and 221 of the Penal Code.

 

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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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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.

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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 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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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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DAILY LAW TIPS
by Onyekachi Umah,Esq.
(Tip 167)
“You Are Entitled To Reasons For Your Arrest From Nigeria Police or Any Person Arresting You”.

Upon being arrested, the arresting officer is supposed to immediately give you reasons for your arrest. It is your right to be given reasons for your arrest unless where you where arrested committing an offence or immediately after committing an offence or escaping lawful custody.

My authority is section 6(1) of Administration of Criminal Justic Act 2015 and other similar laws across states of Nigeria.

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***This is not a legal advice and does not create any form of relationship. ***

DAILY LAW TIPS
by Onyekachi Umah,Esq.
(Tip 149)
“ EFCC Cannot Recover Debts.”

Economic and Financial Crimes Commission (EFCC) has powers to recover stolen monies and not loans and debts. Just like police and other security agencies, EFCC is not for debt recovery and cannot interfere with civil transactions and businesses unless there is evidence of fraud and crime generally. The amount of debt, it’s duration and even refusal to repay by a debtor does not make debt a crime.

My authority is section 6 of Economic and Financial Crimes Commission Act, 2004.

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DAILY LAW TIPS
by Onyekachi Umah,Esq.
(Tip 143)
“An Ordinary Person Can Arrest A Criminal Suspect Even Without A Warrant In Nigeria”.

Just like Police Officers, an ordinary person can arrest any person reasonably suspected of having committed a felony(a crime punishable with 3 years imprisonment or more).
In such circumstances, you don’t need a police officer to arrest such a suspect and if in arresting such a person, you threaten or assault such person, you will not be liable. After an arrest, you are to handover such person to a police officer or nears police station.

My authorities are section 12 of Criminal Procedure Act, section 28(d) of Criminal Procedure Code and the Supreme Court Judgment in the case of Nweke V. The State (1965) 1 ALL NLR 114.

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DAILY LAW TIPS
by Onyekachi Umah,Esq.
(Tip 135)
“It is Illegal To Pay Police or Any Security Agency For Recovery Of Any Stolen Money or Items”.

It is the duty of Police and other security agencies to protect lives and property. They investigate crimes, recover stolen money and items for FREE because government pays them salaries and provides or should provide other needed supports.
Hence, no security agency is permitted to demand for any payment as success fee or mobilisation fee. They are not entitled to any percentage of recovered stolen property. All services rendered in police station are FREE including Bail and Recovery of stolen items. Report any police officer or security agent that demands money to do its work or for doing its work. Stop corruption!

My authority; Police Act.

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DAILY LAW TIPS
by Onyekachi Umah,Esq.
(Tip 133)
“Houses, Emails, Phones, Computers, Bank Accounts and Other Personal Items Cannot Be Merely Searched and Seized By Nigerian Police”.

In Nigeria, there is “Right to Private and Family Life” as a fundamental human right of all persons in Nigeria(including literates and illiterates, Young and Old, Students and Workers, Nigerians and Foreigners).
Hence, Police, SARS and other security agencies and their agents CANNOT break into and search your house or search through your phones, laptops, emails or bank accounts. Before any of the above activities can be done, the security agency must first obtain and show to you an order of court authorising such activities. Unprofessional policing is a crime.

My authority: section 37 of the Constitution of the Federal Republic of Nigeria 1999.

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DAILY LAW TIPS
by Onyekachi Umah,Esq.
(Tip 110)
“Nigerian Police Cannot Be Used For or Be Part for Debt Recovery”

Nigerian Police Force is created to protect life and property as well as to maintain law and order. Nigerian Police, police officers and police station are not allowed by law to recover debt or threaten/arrest debtors to pay their creditors. Owing debt is not a crime. Victims can sue Nigeria police and their creditors.

Section 214 of the Constitution of the Federal Republic of Nigeria and section 4 of the Police Act.

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