Security Agencies Lack Power to Arrest Suspect in a Civil Matter or Breach of Contract

Aliyu Giwa/

We often discuss the word “Suspect”.
Do you know what the law says about who a “Suspect” is or “Arrest of a Suspect”?

Section 3, 8, 9 & 10 of the Administration of Criminal Justice Act 2015, Section 3 specifically says:

A suspect or defendant alleged or charged with committing an offence established by an Act of the National Assembly shall be arrested, investigated, inquired into, tried or dealt with according to the provisions of this Act, except otherwise provided under this Act.

Section 8-1 (section 8, sub-section 1) says a suspect shall:

~a. Be accorded humane treatment,having regard to his right to the dignity of his person; &

~b. Not be subjected to any form of torture,cruel,inhuman or degrading treatment.

8-2 says: A suspect shall not be arrested merely on a civil wrong or breach of contract.

8-3 says: A suspect shall be brought before the court as prescribed by this Act or any other written law or otherwise released conditionally or unconditionally.

8-4 says: The arraignment and trial of a suspect for a crime shall be in accordance with the provisions of this Act unless otherwise stated in this Act.

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Section 9-1 (section 9, sub-section 1) says:

Where a suspect is arrested by a Police Officer or a private person, the officer making the arrest or to whom the private person hands over the suspect:

~ a. may search the suspect, using such force as may be reasonably necessary for the purpose; and

~ b. shall place in safe custody all articles other than necessary wearing apparel found on the suspect.

9-2 says: Where an arrested suspect is admitted to bail and bail is furnished, he shall not, subject to the provisions of section 11 of this Act, be searched unless there are reasonable grounds for believing that he has on his person any:

~ a. stolen article;

~ b. instrument of violence or poisonous substance;

~ c. tools connected with the kind of offence which he is alleged to have committed; or

~ d. other articles which may furnish evidence against him in regard to the offence, which he is alleged to have committed.

9-3 says: Where it is necessary to search a suspect, the search shall be made decently and by a person of the same sex unless the urgency of the situation or the interest of due administration of justice makes it impracticable for the search to be carried out by a person of the same sex.

9-4 says: Notwithstanding the provisions of this section, a police officer or any other person making an arrest may in any case take from the suspect any instrument of violence or poisonous substance which he has on his person.

Section 10-1 (section, sub-section 1) says:

A police officer making an arrest or to whom a private person hands over the suspect, shall immediately record information about the arrested suspect and an inventory of all items or property recovered from the suspect.

Giwa is a Superintendent of Police. Follow @aleeygiwa

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