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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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 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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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.
 
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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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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.

NOTICE!

Join the #SabiLawChallenge, make a one minute video of yourself on any law/right you know and win #20,000.00. Ts & Cs apply. Join for free with the link below;

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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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