ANSWERS TO THE TASK ON CRIMINAL LITIGATION (WEEK 4) GROUP 2

NIGERIAN LAW SCHOOL

LAGOS CAMPUS

2015/2016 (NOVEMBER) SESSION

ANSWERS TO THE TASK ON CRIMINAL LITIGATION (WEEK 4)

GROUP 2

Question 1

The search warrant issued by the Inspector Danladi was invalid, pursuant to Section 143 of the Administration of Criminal Justice Act 2015.  The only persons the law permits to issue such warrant are the court and the Justice of the Peace. Therefore, he is not a competent person to issue a search warrant.

Question 2

The validity or otherwise of the search carried out by the four policemen and the arrest of Corporal Mumuni are as follows;

·         The search of the premises of Subairu Yunusa without search warrant was unlawful pursuant to Section 37 of the Constitution. It is important for the purposes of executing a search warrant to show it to the person in the premises in question before proceeding with execution. This is because the constitution guarantees privacy rights of citizens.

·         The search of one of the wives of Subairu who was in seclusion was unlawful as it expressly violates  Section 149(6) ACJA 2015. In addition, the search having been conducted by a male police office was improper as it violates section 9(3) of the ACJA which permits search only by a person of the same sex.

·         By virtue of Section 148 ACJA a search warrant may be executed at any time on any day. It is therefore of no legal moment that the search warrant was executed by 12 midnight.

·         The use of the handcuffs on one of Subairu’s wives who did not attempt to defy arrest was unlawful, pursuant to Section 5 of the ACJA which forbids the use of handcuffs on a suspect except where there is reasonable apprehension of violence or an attempt to escape.

·         Failure to inform the suspect (i.e. Subairu’s wife) of her rights at the point of arrest in accordance with section 6(2) of the ACJA  was unlawful.

Question 3

The evidence retrieved from the women’s quarters is admissible although unlawfully obtained, but only for the purpose of a charge against Subairu's wife where it would be relevant. Authority for this position lie in Section 14 and 15 of the Evidence Act 2011.

Question 4

In the context of scenario 1, the issuance and execution of summons pursuant to Section 116 and 117 of the ACJA 2015 are as follows:

ISSUANCE

a)      It must be issued by a magistrate,

b)      The summons must be in writing, signed and dated.

c)      It must be issued based on a complaint which must be under oath. Ikonne V COP

d)      It must be issued where the complaint is a simple one.

EXECUTION

The person to whom the summon is issued against must appear before the court within 48 hours except as provided in section 119 which permits the magistrate to require a suspect to appear immediately where the suspect is likely to leave the district. A summons nevertheless must meet the following featired

a)      The summons must be in duplicate copies to show proof of service,

b)      The summons must be signed by the issuing authority as well as the person to whom it is issued

c)       A summons must concise statement of the alleged offence.

d)      It must state the name of the suspect

e)      It must also contain the date on which it was issued

Question 5

Assuming the Police were with a valid warrant of arrest for Kuka Dantata, the following steps should be taken:

Inform Kuka that there is a warrant for his arrest, unless there is reasonable cause to do otherwise. Section 43(3) of the ACJA is authoritative on this position.

a)      Kuka Dantata shall be informed about his rights, i.e , the right to remain silent, right to his  counsel and in the event he has none, right to be assigned one at no cost.

Question 6

Persons authorised to arrest without warrant include

The Police, for the purposes and circumstances mentioned under Section 18 of the ACJA.

a)      The Magistrate,

b)      Private individuals.

However, in scenario 2, the act of adultery is not an offence and the issuance of warrant of arrest for the offence may not arise.

Question 7

                                 I.            Arrest is the taking into custody by legal authority

                               II.            The suspect needs not be handcuffed, bounded, or subjected to restraints in certain conditions as provided under sections 4, 5 and 6 of the ACJA.

Question 8

The procedure for the execution of the warrant of the arrest outside jurisdiction are:

                                 I.            The Magistrate court in the district where the offence was committed will issue the warrant of the arrest. In the scenario, it is the Ikeja Magistrate Court.

                               II.            However, the Kubwa Magistrate has to endorse the warrant before he could be lawfully arrested in that jurisdiction as provided in Section 46 of ACJA.

                             III.            It would appear from a closer reading of section 46(6) of the ACJA that the magistrate in the jurisdiction in question would be entitled to look into the nature of the offence prima facie. Where therefore he is satisfied that the offence for which the suspect is arrested is unknown to law, he may order that the offender be discharged. See Aoko v. Fagbemi, also see Hambali's Practice and Procedure of Criminal Litigation, page 175.

Question 9

His custody/ detention for a period of three months without being charged to court is unlawful, and as such he has the right to be released either unconditionally or upon such terms, as provided under Section 35(4)(b) of the Constitution of the Federal Republic of Nigeria 1999(as amended).

Question 10

The constitutional safeguards relating to searches and arrest are provided for under:

                                             i.            Section 34 which provides for the right to dignity of the human person;

                                           ii.            Section 35 provides for the right human liberty

                                         iii.            An accused is also entitled to private legal advice upon arrest by virtue of section 35(2) of the Constitution.

                                          iv.            Section 37 provides for the right to family and private life.