Summons, Arrest & Searches
Commencement of Criminal Litigation
Criminal litigation may commence by any of the following:
- Searches;
- Arrest;
- Summons;
- Constitutional Rights (safeguards triggered).
Arrest can come before searches, or vice versa - depending on the circumstances of the case.
- Part A - Searches -
Definition of Search
A.B. Ghana - Definition
Search is “the examination of a person’s body, property or other areas which a person can reasonably consider to be private, conducted by a law enforcement officer for the purpose of finding evidence of the commission of a crime.”
For criminal litigation, search means looking for what has been concealed.
Statutory Authority
- SS4, 48, 49 & 52 Police Act 2020 - powers to stop and search any person/vehicle in any public place;
- S9(1)(a) ACJA 2015; S1(1) ACJL Lagos; S22 ACJL Kano;
- SS4 & 29 Police Act - police may detain and search persons in possession of stolen / illegally obtained items;
- Search must be propelled by reasonable suspicion - S29 Police Act;
- Generally infringes on S37 CFRN - right to privacy.
3 Types of Searches
| Type | Subject |
|---|---|
| Search of Person | Human beings only (male or female) |
| Search of Premises | A place |
| Search of Things | Anything capable of containing another thing - bags, airpods, vehicles, etc. |
I. Search of the Person
Statutory Powers
- S5(1) ACJL Lagos; S9(1) ACJA; S159(3) ACJL Kano;
- S52 Police Act;
- S150(1) Customs & Excise Management Act (CEMA);
- S32 NDLEA Act.
Forensic / Medical / Scientific Examination
Permitted on reasonable suspicion of concealing an incriminating item in a latent part of the body - carried out by a police officer, medical practitioner or certified professional acting at the request of police:
Continue reading Summons, Arrest & Searches
You have read the opening. Unlock the full library once and it stays unlocked - one payment, no subscription, the same library as the app.
- All 725 Laws of the Federation, A to Z
- 916 full judgments and 269 case collections
- 8,046 legal principles and 124 rules of court
- 343 drafts, with the Draft Builder
- The Law Dictionary - 31,442 terms
- Law School notes and 2,082 MCQs
Every Act, case collection and principle beginning with A, B or C is free to read in full, without unlocking - the same boundary as the Android app.