12 Situations Where Police Officers Can Arrest Without Warrant.

Daily Law Tips (Tip 350) by Onyekachi Umah, Esq., LLM.
ACIArb(UK)

12 SITUATIONS WHERE POLICE OFFICERS CAN ARREST WITHOUT
WARRANT.

A police officer needs a warrant of arrest (authority) to be
able to arrest a person but there are few situations where a police
officer can arrest any person without a warrant of arrest/court
order.

Below are situations where a police officer can arrest any
person without warrant of arrest/court order;

1. Where a police officer reasonably suspects that a person has
committed an offence against any law in Nigeria or outside Nigeria.
And that the law creating such offence does not prohibit an arrest
without warrant.

2. Where an offence is committed in presence of a police officer
not minding that such offence is one that requires a warrant of
arrest for an offender to be arrested.

3. Where a person obstructs a police officer or escapes or
attempts to escape from lawful custody.

4. Where a person is in possession of a reasonably suspected
stolen thing or a person is reasonably suspected of committing an
offence with respect of such thing.

5. Where a person is reasonably suspected of being a deserter
from any of the armed forces of Nigeria.

6. Where a person is reasonably suspected of having committed an
offence outside Nigeria, an offence that is also an offence in
Nigeria and there is also a law in Nigeria that allows such person
to be arrested and detained in Nigeria.

7. Where a person is in possession of an implement of
housebreaking, car theft or firearms or offensive weapon without
lawful excuse.

8. Where a person is believed to be one of whom a warrant of
arrest has been issued by a competent court in Nigeria.

9. Where a person is reasonably suspected of trying to conceal
himself in order to commit an offence.

10. Where a person’s warrant of arrest has been issued by a
court, Justice of peace or superior police officer.

11. Where a person is reasonably suspected of designing/planning
to commit an offence, an offence for which arrest can be made
without a warrant of arrest and the offence itself cannot be
prevented.

12. Where a person is required to appear by a public summon
issued in accordance to any law.

My authorities are sections 18, 494 and 495 of the
Administration of Criminal Justice Act, 2015 and other similar laws
across States in Nigeria.

#CriminalJusticeMonday
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