Arrest with warrant
A warrant of arrest is an order directed to a police officer or any other person to arrest an offender and bring him before the court to answer to a complaint made against him.
A thread
A warrant of arrest of arrest may be issued where: 1. the law creating the offence states that that an offender cannot be arrested without a warrant. 2. A summon is disobeyed. 3. Serious offence is alleged against the offender.
A warrant of arrest can be issued by a judge or a Magistrate and executed by a police officer. Contents of a Warrant: concise statement of alleged offence, name of the individual charged, order directing the executor of the warrant to arrest the offender...
date the warrant was issued, signature of the issuing authority and duplicate copy of the issuing authority.a warrant of arrest may be issued or executed any day and anywhere...
however it cannot be executed in a courtroom while the court is sitting or in a legislative house while in session except with the permission of presiding speaker.
mode of execution: the police officer should disclose the substance of warrant to the suspect at the time of arrest
except caught in the middle of the act or chased immediately after the act. there may be non disclosure if there is fear of escape or resistance. Arrest can be made by words, touch or confinement of the body of the suspect.
no handcuff, chain or beating except there is resistance or escape. "Reasonable force" must be used to overcome any attempt of restraint by the suspect where necessary (Section 261 Criminal Code) it however remains questionable what "reasonable force" is to the average police
officer. invitation to the police station is not an arrest (Sadiq v. State). trial will be valid even if the arrest was irregular i.e. improperly done but the suspect can be entitled to damages where there is violation of fundamental human rights. Therefore get a lawyer.
use of handcuffs is not mandatory, it is meant to be used when there is resistance or fear of escape (nollywood should portray more of the correct things actually because they reach a larger audience). Killing a suspect who is resistant or trying to escape is wrong. Thanks.
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