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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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 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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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 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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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 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 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 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.

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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 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 115)
“Arrest by Proxy (Arrest of a Person for an Offence of Another Person) is illegal and Unconstitutional in Nigeria”.

It is illegal for police or any security agency to arrest any person for an offence committed or suspected to have been committed by another person. No matter the offence and the conduct of a suspect, his family members, friends, associates and mates cannot be arrested, charged or tried for his actions. Criminal liabilities cannot be assumed, transferred or inherited.

See section 35 of the Constitution of the Federal Republic of Nigeria, 1999.

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