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"The Nigerian police can break in and out of any house" CSP Adejobi says

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By Gift Nnanna AdenePublished about a year ago 3 min read
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Popular Nigerian police officer, CSP Prince Olumuyiwa Adejobi, has revealed that the Nigerian police has the right to break into any house they want to.

According to CSP Prince Adejobi, the "police have the power to break in and out of a house if they reasonably believe a crime is being committed therein"He took to popular micro blogging platform, Twitter to make this revelation.

This comes after one Twitter user with the handle, "Man O War asked about the work of Central police station and why a minor fighting case could be transferred to SARS. He also asked if it was legal for an anti-cultism squad to break into an apartment without any seach warrant.

He wrote:

CSP Adejobi replied him stating that the Nigerian police have the power to break in and out of a house if they reasonably believe a crime is being committed therein.

He further revealed that the police doesn't need warrant in all cases especially if an offence is committed in the presence of the police. As such, the police can break in and make an arrest. He finally revealed that the police have many powers, authorities and privileges when it comes to crime control and law enforcement.

He wrote:

Reacting to his response, one Properties_by_susan commented, "The first question that was asked was not answered. Why was their case transferred to SARS?? And heard one died in the process"

See some more reactions from social media users below:

THE POSITION OF THE NIGERIAN LAW

What is a warrant for a search? It is a directive given to law enforcement officials by a magistrate or judge to undertake a search of a person or location.

The Administration of Criminal Justice Act (ACJA) 2015 outlines how law enforcement personnel should carry out a search warrant.

A search warrant must be approved by a judge, magistrate, or justice of the peace, according to Section 146 of the ACJA 2015, and it is valid until it is executed or revoked by the court that granted it.

Section 149 (1) of the ACJA provides that a person residing in a building shall allow a law enforcement agent to get free and unhindered access to carry out a search.

When the authorities executing the search warrant are unable to gain access, section 149 (2) permits the reasonable use of force.

The law reads;

Section 9(1) states: “Where a suspect is arrested by a police officer or a private person, the officer making the arrest or to whom the private person hands over the suspect: (a) May search the suspect, using such force as may be reasonably necessary for the purpose.”

Section 12(2) states: “Where access to a house or place cannot be obtained under subsection (1) of this section, the person or police officer may enter the house or place and search it for the suspect to be arrested, and in order to effect an entrance into the house or place, may break open any outer or inner door or window of any house or place, whether that of the suspect to be arrested or of any other person or otherwise effect entry into such house or place, if after notification of his authority and purpose, and demand of admittance duly made, he cannot obtain admittance.”

Photo Credit: Twitter/Prince Olumuyiwa Adejobi

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Gift Nnanna Adene

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