POWER TO ARREST AND THE PROVISIONS OF THE LAW

Arrest is the act of apprehending and taking a person into custody (legal protection or control), which is because the person has been suspected of or observed committing a wrongful act. When a person is arrested, the person can be asked questions or subsequently charged to court if the law enforcement agency is satisfied that the person committed the crime.

Though it could be argued that arrest is a breach of the Fundamental Right of a person's liberty as provided by the constitution SECTION 35 CONSTITUTION OF THE FEDERAL REPUBLIC OF NIGERIA 1999 AS AMENDED, arrest in some cases is necessary in the Criminal Justice System.

A complaint should be in writing and on oath and a warrant can be issued any day. SECTIONS 37 AND 38 ACJA. This might differ according to various jurisdiction.

Arrest could be executed with or without a Warrant of Arrest issued.

A warrant of arrest is an authority in writing to a police officer or any other person directing the officer or person to arrest a named offender and to bring him before the court to answer a complaint made against him.


The Administration of Criminal Justice Act (ACJA) SECTION 113 provides that a court may issue a summons or warrant as provided in the Act to compel the appearance before it of a suspect accused of having committed an offence in any place, whether within or outside Nigeria, triable in a State or in the Federal Capital Territory, Abuja.

Section 114 provides that in every case, the court may proceed either by way of summons to the defendant or by way of warrant for his arrest in the first instance according to the nature and circumstances of the case.

While a summons is issued to the offender, a warrant of arrest is issued to the police officer or any other person.

In the Northern part of Nigeria, Justice of Peace, Magistrate and Judges can issue a Warrant of Arrest while only Judges and Magistrates can issue Warrant of Arrest in the Southern part of the country.

The National Assembly can issue a warrant of arrest in limited cases. EL-RUFAI v. SENATE OF NATIONAL ASSEMBLY.

A police officer no matter the rank cannot issue a Warrant of Arrest.

A warrant of Arrest is directed to a named Police Officer, members of the police or private persons as the case may be and when it is directed to a private person, the person shall have such powers of arrest as that of a police officer. SECTIONS 39 AND 40 OF ACJA.

When executing an Arrest Warrant, the person shall not use force. Force can only be used when there is reasonable apprehension of violence by the person to be arrested. This means that, if there is a reason to believe that the person to be arrested will use violence against the person executing the arrest, then the person executing the arrest can use reasonable force while executing the arrest read more https://www.kokination.one/2021/12/power-to-arrest-and-provisions-of-law.html