An offender must attend court to answer to charges preferred against him by the complainant. The attendance of an offender in court is ensured by either the issuance of summons against the offender or by the arrest of the offender, with or without a warrant of arrest. Thus, the two processes by which the attendance of an offender is secured are by summons and arrest. See S.113 Administration of Criminal Justice Act
A Summons is simply an order in writing commanding a person to whom it is addressed, to appear in court on a named date and time to answer allegations of crime against him or her. A Summons may be likened to a Writ of Summons employed in Civil litigation, it is also a form of originating process, albeit of a Criminal nature. The Summons shall contain the substance of the complaint, name of the offender, date of issue, a direction to the offender to appear in court and must be in duplicate signed by the Magistrate or Judge issuing it. See S.79 ACJL Lagos and S.113 ACJA. Summons are usually employed when the offence is a minor one.
A Summons may be issued by a Judge or Magistrate. S.79 ACJL Lagos. A Justice of the Peace is also competent to issue a Summons in Criminal Procedure Code(CPC) States. It may also be issued by a presiding officer of a court or any other officer as may be specified by the Chief Judge from time to time. See section 120 of the ACJA (2015).
Service of Summons is done by a police officer or by an officer of the court issuing the summons. Service may also be done by a courier service company duly registered with the Chief Judge as a process service agent of the Court, see S.122 ACJA (2015), S.86 ACJL Lagos. A summons to appear may be served on the offender on any day, including on a Sunday or a public holiday.
Yes, a Summons may be effected by substituted means where personal service is impossible, however leave of court must be first obtained. Subsistuted service is carried out by affixing one of the duplicate of the summons to a conspicuous part of the premises or place in which the individual to be served ordinarily resides. See S88 ACJL Lagos. In addition to the aforementioned, in CPC states, section 52 of CPC further provides that the summons may be served by leaving a copy of the summons with an adult male member of the defendant’s family who must then acknowledge receipt of the summons by signing the duplicate.
Yes, a Summons can be served outside the division or district of the court. This is achieved by sending the Summons in duplicate to a court in whose jurisdiction the defendant/accused resides, that court shall then direct service on the accused as if it had issued the summons. See sections 91 ACJL Lagos, 126 ACJA (2015)
No, his contention is invalid. This is because a Summons once issued remains in force until it is either executed or cancelled by the issuing authority. The death, total incapacity, retirement or removal of the issuing authority will not invalidate the Summons. See sections 100 ACJL Lagos, section 139 ACJA
A warrant of Arrest is an order of either the Magistrate Court or High Court issued to a police officer directing him to arrest the person named therein. Arrest Warrant is only issued after the Court receives a complaint on oath that a person has committed an offence. See Ikonne v. Commissioner of Police & anor (1986) 4 NWLR (pt. 36) 473. A clear distinction between a summons and a warrant of arrest is that a Summons is addressed to the offender, whereas a Warrant of Arrest is addressed to a police officer or officers mandated to arrest and bring the person named therein. A Warrant of Arrest maybe issued where: the offence alleged is a serious one, a Summons has been disobeyed and where the law creating the offence provides that the person cannot be arrested without a warrant. See sections 27(1) CPA, S.39(1) ACJA, S.22 ACJL Lagos
The Black’s law Dictionary defines an arrest as seizure or forcible restraint, the apprehension of someone for the purpose of securing the administration of the law, especially for the purpose of bringing that person before a court. An arrest is a continuing act from when the offender is taken into custody up until he/she is released from custody or brought before a court. The mere act of taking a person into custody does not constitute an arrest unless that person knows upon what charge or suspicion of what crime he is being arrested. See section 3 ACJL Lagos, section 6 ACJA (2015)
An Arrest warrant may be issued by a Judge, Magistrate or Justice of the Peace. The warrant issued under their hand will be issued upon a complaint and same shall be under writing and on oath. See sections 22 ACJL Lagos, section 36(1)(c) ACJA (2015), C.O.P. v. Apampa
A warrant of arrest contains the following information; name of the alleged offender, an order directing the police officer or other person to arrest the offender, a statement of the alleged offence(s), date of issue of the warrant and lastly, the signature of the issuing authority. See S.36(1) ACJA, S.22 ACJL Lagos, S.55(1)(c) Kano
A warrant of arrest is executed by a police officer or any other person named on the warrant. Such other person than a police officer executing the warrant of arrest shall have the rights, powers, privileges and protection accorded by law to a police. See section 26(2) ACJL, section 40 ACJA (2015)
Yes, a warrant of arrest can be executed in another state or outside the jurisdiction of the court issuing it. For that to happen, the following steps must be taken; a)The warrant of arrest will be taken to the state where it is to be executed and the Judge, Magistrate or Justice of the Peace shall make an endorsement on the warrant in the form, or to the effect of the form, in the forms authorising its execution in that other State. b)The endorsement is sufficient authority to the police officer to execute the warrant and bring the person named on it before the magistrate that endorsed it. c) The magistrate of the state, before whom the person' is brought shall: (i) by warrant under his hand order the person arrested to be returned to the state that issued the warrant and for this purpose be delivered to the officer who brought the warrant or (ii) where the offence for which the person is arreseted is bailable, admit such person to bail upon conditions as it deems fit. See section 365 & 367 ACJL Lagos, R v Metropolitan Police Commissioner, ex p.Hammond, [1964] 2 All ER 772, Mattaradona v. Aliu(1995)8 NWLR(Pt.412)252
A careful consideration of the law reveals that the magistrate should. This is because the person arrested and ordered to be removed to the state which issued the warrant, if dissatisfied with the order has a right to apply to the Judge of the High Court of that State, for the review of the order. Such review shall be by way of rehearing, and evidence in addition to or in substitution for the evidence given on the making of the order may be given. See R v Olowu (1971)
Yes, an offender can be arrested without a warrant. However, some laws provide that a person cannot be arrested without a warrant. The following persons may arrest without a warrant;
A) A Police Officer; where a person commits an offence in his/her presence, obstructing the officer in execution of his duty etc. see section 10(1) CPA
B) Magistrate, Judge or Justice of the Peace;where the person commits an offence in his presence section 15 ACJL Lagos, sections 24,25 ACJA (2015)
C) Private Persons; if a person in his view commits an indictable offence, reasonably suspects a person has committed a felony or Misdemeanor by night. See section 12 ACJL Lagos, sections 20,21 ACJA (2015) Nweke v. The State (1965) 1 All NLR 114. A property owner or his servant or agent can arrest without a warrant of arrest any person found committing an offence involving injury to his property.
An arrest is effected by the person making the arrest actually touching or confining the body of the person to be arrested, unless there is submission to custody by word of mouth or action. See Sadiq v. The State (1982) 2 NCR 142. The law provides that The person arrested shall not be handcuffed, or otherwise bound or be subjected to unnecessary restraint except by order of the court. However, When there is a reasonable apprehension of violence, or of an attempt to escape or the restraint is necessary for the safety of the person arrested, then such restrained can be lawfully used- section 2 ACJL Lagos and section 5 ACJA
What played out in Miss Ibukun’s neighbourhood is termed as “arrest in lieu of another”. This unconstitutional practise has now been outlawed in clear terms by the provisions of The ACJL and ACJA. See section 4 ACJL and section 7 ACJA
A search warrant is an order directing that a certain premises be searched and items specified therein seized and brought before the court to be dealt with according to law. The issuance of a search warrant allows the relevant law enforcement agencies to obtain any material that may be used as evidence in a criminal trial. See S.144 ACJA, S.104 ACJL Lagos
A Search warrant may be issued by a Judge or Magistrate. S.106(1) ACJL LAGOS, S.146(1) ACJA. A Justice of the Peace may also issue a search warrant albeit only in CPC States and is not competent to issue same in CPA States. A Superior Police Officer above the rank of a Cadet Assistant Superintendent of Police (ASP) may also issue a search warrant, but this is limited to cases bordering on fraud or dishonesty. See sections 28 Police Act
Yes, the power to conduct search on individuals is recognised by various statutes relevant to criminal proceedings in Nigeria. This search may be done where the officer has reasonable grounds believing the arrested individual has on his person stolen articles, instruments of violence or articles which may furnish evidence in relation to the offence he is alleged to have committed. Section 5 ACJL Lagos, Section 9 ACJA
Yes there are, for example the rules provide for searches to be conducted by officers of the same sex of the accused, S.5(2) ACJL Lagos. The CPC provides that search of a woman shall be done with strict regard to decency, S.82 CPC. There is also provision for medical examination by a qualified medical practitioner when necessary. See S.9 ACJA, S.5(6) ACJL Lagos
As a general rule, a search cannot be conducted on a premises without a search warrant, it would be unlawful. This has its roots in the constitutional right of privacy of citizens contained in S.37 of the Constitution of the Federal Republic of Nigeria. See S.144(1) ACJA
There are circumstances that allow for a search to be conducted on a premises without a search warrant, the exceptions maybe found in the following circumstances;
a)when a person to be arrested under a warrant is suspected to be within a premises, S.12(1) ACJA, S.7(1) ACJL Lagos
b)a justice of the peace can direct a search to be conducted in any place where he is competent to issue a search warrant, S.152 ACJA
c)a customs officer may enter into a place where there are reasonable grounds to suspect that anything liable to forfeiture is concealed, S.147 Customs and Excise Management Act
d)The NDLEA Act empowers police officers, custom officers and the armed forces to search any premises without search warrants connected with commission of an offence under the Act. S.32 NDLEA Act
Where the premises to be searched is occupied by a woman not being the person to be searched and who does not appear in public, such person should be allowed to withdraw before the execution of the search warrant. See sections 7 (3) ACJL Lagos, 149 (6) ACJA, section 159 (6) ACJL Kano.
Where the premises to be searched is occupied by a woman not being the subject of the search and who does not appear in public, such person should be allowed to withdraw before the execution of the search warrant. See ***sections 7 (3) ACJL Lagos, 149 (6) ACJA, section 159 (6) ACJL Kano. ***
: Chief Jakande’s contentions are not valid, this is because a search warrant remains in force until it is executed or canceled by the court that issued same. See S.106 (2) ACJL Lagos, 146 (2) ACJA. The life span of a search warrant is not time bound.
A search warrant may be issued and executed on any day including a Sunday or public holiday. It shall be executed between the hours of 5.00 a.m. and 8.00 p.m. - See sections 108 (1) ACJL Lagos, 148 ACJA, section 158 ACJL Kano. Musa Sadau v The State (1968)
Generally, only items mentioned in the search warrant should be seized. However, where the person executing the search warrant comes across items which he reasonably believes to have been stolen or are relevant in respect of other offences, he can lawfully seize such items. See Reynolds v The Commissioner of Police for the Metropolis (1985)
Where in the course of executing a search warrant and the executing officer is refused entry into or exit from the premises, he has the right of Ingress and Egress (entry & exit) that is the right to break into the premises when refused entry and break out when trapped in the premises. It is for the purpose of executing the search warrant and with reasonable force. This right is also available in executing an arrest warrant. See sections 12, 13, 149(2) ACJA, sections 8, 109 ACJL Lagos