UNLAWFUL ARREST: The Police Misusing Their Power To Arrest Without Warrant??

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 According to Section 24 of the Police Act,  it shall be lawful for any police officer to arrest without warrant  in the following cases


* If the crime is committed in his (the policeman) presence;
* If he reasonably suspects that the person has committed a crime or is about to commit a crime;

The common test of whether a suspicion is reasonable is the test of a reasonable man. According to the Supreme Court In BUHARI V INEC(2008) a reasonable man is a man  who possesses a good, reasonable faculty who acts sensibly, takes proper but not excessive precautions, does things without serious delay and weighs matters carefully but not over specifically.

Thus, to determine the reasonableness of a suspicion, a reasonable man should be able to consider the same circumstance and  come to  the  same conclusion as the police officer  that the suspect deserves to be arrested
The reasonableness of suspicion is determined objectively.

If this suspicion proves to be false, you must be released at once  .

 if a third party accused the suspect of having committed a crime ;

* if a third party suspects that the suspect is about to commit a crime ;
* if the third party accuses the suspect of having committed a simple offence and he is willing to follow the police officer to the station to press charges ;

If u are arrested without warrant and you do not fall into any of these categories,  you have been unlawfully arrested and you are entitled to compensation And public apology from the police force according to section 35(6) of the constitution of the federal Republic of Nigeria,

Unlawful arrest is an infringement on ur Right To Personal Liberty as contained in Section 35 of the Constitution of The Federal Republic of Nigeria. Challenge the breach of your constitutional right!! Do not cower in fear and pay tyrants posing as police officers in order to get released!!

Call your lawyer or report such police officer to PUBLIC COMPLAINT RAPID RESPONSE UNIT.



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