SEARCH AND SEIZURE IN NIGERIAN LAW WITH PARTICULAR REFERENCE TO THE NORTHERN STATES
SEARCH AND SEIZURE IN NIGERIAN LAW WITH PARTICULAR REFERENCE TO THE NORTHERN STATES
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Date
1985-12
Authors
ALHAJI AHMED, Abdullahi
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Abstract
The centrepiece of this thesis is the study of the
Nigerian law or. search and seizure with special reference
to the Criminal Procedure code.
BasicalTv, search and seizure,is a process employed to
recover either from the "body of a person or from a premises,
material needed for the purpose of law enforcement. Hence,
the police tan make use of the process to recover criminal
evidence, in the course; of their investigation or, where
necessary, in order to forestall the commission of crime,.
Bv employing the process of search and seizure, therefore,
the police may, for example, recover a hidden weapon from
the body of a suspect or retrieve stolen property from the
place or premises where such property is kept.
Let me hasten to state at this point that although
the law in Nigeria empowers law enforcement agents to
conduct search and seizure in the performance of their
respective functions, this power is not absolute. The
provisions of the Criminal Procedure Code and the Criminal
Procedure Act relating to search and seizure provide the
legal framework for the exercise of this power.
As a background to my treatment of this subject, it
is deemed appropriate, as a first step, to undertake a
survey of the development of English common law principles
on search and. seizure. This is because of the close historical
connection between the common law and Nigerian law
as well as the pursuasive nature of English court decisions
in Nigeria.
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This thesis is divided into six chapters.
Chapter one i.-e., the introductory chapter, identifies
the main probelm connected with the, exercise of the power
of search and seizure which the law strives to eliminate
or control. And that concerns the balancing of the private
and public interests involved in search and seizure in such
a way as to ensure the protection of citizens in their p r i -
vacv without prejudicing the process of effective law enforcement
in any way.
Chapter two discusses the common law position on the
subject with special reference to England and the United
States, In doing so, the chapter c r i t i c a l l y examines the
applicable common law principles in this area, the circumstances
when search is allowed, and the limits of seizure.
It may be noted here that, subject to some exceptions. ,the
orthodox common law view'is that search is allowed only
when (i) it is conducted with the consent of the person to
be searched, or ( i i ) it follows a lawful arrest, or ( i i i ) it
is conducted on the authority of a search warrant. Some of
the exceptions to this common law position include (i) the
frisking of suspects ( i i ) search, in emergency s i t u a t i o n s,
and ( i i i ) cases of items taken in plain view.
Chapter three is devoted to the study of the Nifrnrian
law on search and seizure. Against the "background of the
provisions of the Criminal Procedure Code and the Criminal
Procedure Act, this chapter considers when search of a
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person or place can "be made with or without warrant, what
property may "he seized, and the powe^ of retention of the
seized property. It further considers the procedural requirements
for the issue and execution of search warrants.
Finally, as a means of securing the liberty of persons
wrongfully or unlawfully detained, the chapter contains
a "brief comparison "between n search warrant issued for that
purpose under section 77 of the Criminal Procedure Code
and the habeas corpus procedure.
Chapter four focuses on the question of admissibility
of evidence obtained bv illegal search nnd seizure. It
"begins "by defining an "illegal" search "before proceeding to
treat the
admissibility aspect. Here, the Nigerian position is considered
in line with other common law jurisdictions, such
as, India, England and the United States.
The question of what remedies are available to a
victim of unlawful search and seizure is considered in
chapter five. The chapter discusses "both the preventive
options open to an intended victim and the remedial options
available to an actual victim. For instance, while the
intended victim may exercise a right of resistance or petition
the courts for an injunction, an actual victim may
"bring an action to recover damages for trespass, assault
the courts
or "battery, or petition/for restoration of the items seized.
Chapter six is the concluding chapter. It highlights
the shortcomings of the law in its present form and the
problems associated with its application. It concluded
by recommending the implementation of some specified measures
with a view to attaining an overall improvement in the
situation.
Description
A THESIS SUBMITTED TO THE POST-GRADUATE SCHOOL,
AHMADU BELLO UNIVERSITY, ZARIA, IN PARTIAL FULFILLMENT OF
THE REQUIREMENTS FOR THE DEGREE OF MASTER OF LAWS (LL.M.)
Department of Public LAW
Faculty of Law
Ahmadu Bello Unuversity , Zaria.
DATE: DECEMBER, 1985
Keywords
SEARCH,, SEIZURE,, NIGERIAN,, LAW,, PARTICULAR,, REFERENCE,, NORTHERN,, STATES