CONSTITUTIONAL SAFEGUARDS RELATING TO SEARCHES, ARRESTS AND SUMMONS.

1.​SECTION 35(1)- Right to personal liberty

However the exception under S. 35(1)(c) CFRN recognizes the right to arrest a person under a warrant or on reasonable suspicion of his having committed an offence or to prevent commission of offence.

2.​S. 35(2) CFRN 1999 (as Amended)

Right to remain silent or avoid answering any question until after consultation with a Lawyer or person of his choice.

3.​S. 35(3) Information in writing within 24 hours and in the language he understands of the facts and grounds for his arrest and detention.

​Exception: where he is arrested in the actual course of committing the crime or pursued immediately after. – s.3 ACJL

4.​S. 35 (4) charge the accused to court within a reasonable time.  reasonable time means a period of one day where a court is within 40km or a period of two days or longer where necessary in any other case – S. 35 (5)

5.​S. 35(6) Public apology and compensation from the appropriate authority or person to a person who is unlawfully arrested or detained.

6.​S. 34 Right to dignity of human person.

7.​S. 33 right to life.

EXCEPTION- S. 33 (2)(B) –   KILLING of a suspect may be justified;

In order to effect a lawful arrest; Pursuit of suspect immediately after commiting the offence and 

to prevent the escape of a person lawfully detained.

8.​S. 37-Right to privacy of homes, correspondences, telephone conversations

EXCEPTION- .S. 45 CFRN-(S.37-41)

9.​S. 41 CFRN 1999- Right to freedom of movement 

EXCEPTION- Imposing restrictions on the residence or movement of any person who has committed or is reasonably suspected to have committed an offence in order to prevent him from leaving Nigeria.

10.​S. 44 No compulsory acquisition of property 

Exception- can be done in the manner and for purposes prescribed by a law--S. 44(2)(k)

NB-Section 25 Anti Terrorism Act allows the IGP in cases of verifiable urgency to seal up premises while a search warrant is produced.