Arrest Warrant

Courtesy: Cstar.in

The Black's Law Dictionary (Third Pocket Edition) defines an arrest as,

The taking or keeping of a person in custody by legal authority, esp. in response to a criminal charge.

By virtue of section 35 of the 1999 Constitution of the Federal Republic of Nigeria as amended, every Nigerian has a guaranteed right to personal liberty. However, section 35(1)(c) provides that this right can be deprived

 'for the purpose of bringing him before a court in execution of the order of a court or upon reasonable suspicion of his having committed a criminal offence, or to such extent as may be reasonably necessary to prevent his committing a criminal offence'

Thus, an arrest is a legal violation of a person's right to liberty.

 A Warrant of Arrest

A person may be arrested with or without warrant.

Should any person demand a warrant of arrest before submitting to an arrest?

A warrant is defined in the Black's Law Dictionary (Third Pocket Edition) as,

A writ directing or authorising someone to do an act esp., one directing a law enforcer to make an arrest, a search, or a seizure.

An arrest warrant is a "warrant issued only on probable cause, directing a law enforcement officer to arrest and bring a person to court" (B.L.D 3rd Pocket ed.).

A warrant of arrest is valid only if it is issued by a court of competent jurisdiction and it is issued by a Magistrate, Judge, or Justice of the Peace.

A warrant can be issued in response to a complaint by a complainant or by a material witness against an individual over an alleged crime.

A warrant of arrest is necessary in in the following circumstances:

i. where the law creating an offence states that an offender cannot be arrested without warrant

ii where a summons to appear before the court or a police station is disobeyed

iii when a serious offence is alleged against the offender, although the law permits the arrest of the offender without a warrant of arrest

However, note that the fact that a warrant of arrest is required in certain situations does not preclude a police officer from arresting an alleged offender at any time.

A police officer can arrest any person without a warrant provided the existence of a warrant is disclosed to the person at the point of arrest and is shown to the arrested person as soon as practicable.

A police officer will arrest without warrant where:
(a) An individual is found committing an offence

(b) There's good reason to believe that the suspect or alleged offender may escape

(c) there's good reason to believe that the suspect or alleged offender may resist arrest or be rescued from arrest