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Nairaland Forum / Nairaland / General / Politics / NDLEA Is Allowed To Search, Make Arrests Without Warrants - JeffPhilips1 (17216 Views)
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Re: NDLEA Is Allowed To Search, Make Arrests Without Warrants - JeffPhilips1 by Gireiboy(m): 11:48am On Feb 26, 2022 |
TRUSTEDGUY:Nigerian Constitution is superior to that of the UN as regards Nigeria. 1 Like |
Re: NDLEA Is Allowed To Search, Make Arrests Without Warrants - JeffPhilips1 by Gireiboy(m): 11:54am On Feb 26, 2022 |
Jostoman:They guy just quoted the NDLEA act for you, didn't you see it? Abi, which law are you referring to? 1 Like |
Re: NDLEA Is Allowed To Search, Make Arrests Without Warrants - JeffPhilips1 by master69(m): 12:05pm On Feb 26, 2022 |
Re: NDLEA Is Allowed To Search, Make Arrests Without Warrants - JeffPhilips1 by TRUSTEDGUY: 12:33pm On Feb 26, 2022 |
Gireiboy:. We have powers and we have super powers. That's why we have G8 countries the last time l checked Nigeria is not one of them |
Re: NDLEA Is Allowed To Search, Make Arrests Without Warrants - JeffPhilips1 by Gireiboy(m): 12:47pm On Feb 26, 2022 |
TRUSTEDGUY:And so! |
Re: NDLEA Is Allowed To Search, Make Arrests Without Warrants - JeffPhilips1 by Kahkinobeleathe: 1:07pm On Feb 26, 2022 |
Just sipping my kunu |
Re: NDLEA Is Allowed To Search, Make Arrests Without Warrants - JeffPhilips1 by ajl: 2:09pm On Feb 26, 2022 |
Igbofam: Problem is that Nigeria is a lawless country that everything is prone to abuse. NDLEA agents will abuse it and they will be doing trial and error random search of individuals home without carrying out enough investigation. There must be check and balance. |
Re: NDLEA Is Allowed To Search, Make Arrests Without Warrants - JeffPhilips1 by Duplik8t77(m): 3:11pm On Feb 26, 2022 |
HarunaWest:nobody said busting dem is bad. Infact it is a good one. I just feel atleast get a search warrant. That makes it look like following the due process. |
Re: NDLEA Is Allowed To Search, Make Arrests Without Warrants - JeffPhilips1 by HarunaWest(m): 3:18pm On Feb 26, 2022 |
Duplik8t77:When your are suspected for drug offence by Nigerian and Even the U.S/U.K law, they don't need a search warrant to burst you. Our own NDLEA act was coined from the DEA law. They have what they call the 'No Knock Warrant'. If you were to get a warrant every time to burst a drug ring, you no go see anybody catch. 5 Likes 1 Share |
Re: NDLEA Is Allowed To Search, Make Arrests Without Warrants - JeffPhilips1 by TRUSTEDGUY: 3:41pm On Feb 26, 2022 |
Gireiboy:A powerful Russia will bow to America super power |
Re: NDLEA Is Allowed To Search, Make Arrests Without Warrants - JeffPhilips1 by Duplik8t77(m): 4:02pm On Feb 26, 2022 |
HarunaWest:great! What if they search and find nothing? Or perhaps a mix up somewhere on the address. Wouldn't that get them sued? Atleast a warrant will definitely prevent litigation. But thanks for schooling me tho |
Re: NDLEA Is Allowed To Search, Make Arrests Without Warrants - JeffPhilips1 by Savagee4l(m): 5:43pm On Feb 26, 2022 |
AriseNews: Wetin be this � Y’all crack me up on this site [color=#990000][/color] |
Re: NDLEA Is Allowed To Search, Make Arrests Without Warrants - JeffPhilips1 by Anonymous11: 6:15pm On Feb 26, 2022 |
AnonPoet: The tweety Jeffphiips misquoted the Nigeria National Drug Law Enforcement Agency Act. The quoted S.14 in isolation is embodied under the Special Powers of the Agency and refers to conspiracy offences in relation to NDLEA Act: (1992 No.15) subsection 2. 2. All drugs units under existing institutions dealing with offenders or offences connected with or relating to illicit traffic in narcotic drugs or psychotropic substances shall relate and be responsible to the Agency in the performance of their duties and functions. He was inciting unnecessarily fear when he mentioned "For those of u who like ranting and condemning the NDLEA whenever they arrest, S.14 here says you can be jailed". That is not true. And he also misquoted the NDLEA Act when he said "S.41 expressly says the NDLEA can arrest any baggar without a warrant" which is also not true. That is simply an abuse of NDLEA's power. The quote section he quoted (S.41) is relating to subsection "3.4 Investigation of assets and properties of persons arrested for an offence under this Act." It explicitly stated in: subsection "3.7 Final Order" Where an arrested person is convicted of an offence under this Act, the Agency, or any authorized officer shall apply to the Federal High Court for a final order of confiscation and forfeiture of the convicted person’s assets and properties already subject to an interim order under this Act. In fact, an Agency can only enter the premises of an offended within 30 days of an interim revoked order. if there is new evidence to revisit the premises. "Consequence of an acquittal in respect of assets and properties" 1. Where a person is discharged or acquitted by a Federal High Court of an offence under this Act, the Federal High Court may make an order of revocation or confirmation, as the case may be, of an interim order made pursuant to this Act, whichever order is considered just, appropriate or reasonable within this Act: Provided that the property may still be attached where a discharge is merely given for a period of thirty days. (1999 No.62) Where an interim order is revoked by a Federal High Court under subsection (1) of this section, all assets and properties of the person concerned shall be released to him by the Agency. 41. Power to Search, Seize and Arrest 1. For the purpose of this Act; a. Any police officer or customs officer; or(1992 No.62) b. Any officer of the Agency involved in the enforcement of the provisions of this Act: (1992 No.15). i. May, without a warrant, enter and search any land, building or carrier, including aircraft, vehicle or container or any other instrumentalities whatsoever which he has reason to believe is connected with the commission of an offence under this Act. In addition, note this fact under the NDLEA Act: "Special Powers of the Agency:" For the purpose of inquiring, into and ascertaining whether an offence under paragraph (b) of subsection (1) of this section has been committed, the Agency may, by notice in writing, call upon any person to furnish to it with a time specified in the notice, such information, returns, accounts, books or other documents in custody or such person as the Agency may consider fit and proper within the circumstances. 3. The Agency shall not exercise the power conferred upon it by paragraph (b) of subsection (1) of this section without first obtaining the approval of the AttorneyGeneral of the Federation. 4. For the purpose of carrying out or enforcing the provisions of this Act, all officers of the Agency involved in the enforcement of the provisions of this Act shall have the same powers, authority and privileges (including power to bear arms) as are given by law to members of the Nigerian Police.
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Re: NDLEA Is Allowed To Search, Make Arrests Without Warrants - JeffPhilips1 by Gireiboy(m): 9:32pm On Feb 26, 2022 |
TRUSTEDGUY:So you prefer we have a unipolar world. |
Re: NDLEA Is Allowed To Search, Make Arrests Without Warrants - JeffPhilips1 by mapet: 7:48am On Feb 27, 2022 |
wirinet: An Act cannot pass judicial scrutiny? Do you know the meaning of an Act? |
Re: NDLEA Is Allowed To Search, Make Arrests Without Warrants - JeffPhilips1 by wirinet(m): 10:17am On Feb 27, 2022 |
There is a concept called supremacy in Law. mapet:Try reading the Nigerian constitution to get an understanding of how a constitutional democracy works. Now read and comprehend section 1.1 and section 1.3 of the Nigerian constitution;
And then tell me if some acts of the National Assembly and edicts of state assembly cannot be rendered null and void by the judiciary if it is conflict with the constitution. 1 Like |
Re: NDLEA Is Allowed To Search, Make Arrests Without Warrants - JeffPhilips1 by TRUSTEDGUY: 10:18am On Feb 27, 2022 |
Gireiboy:This is the reality and not a matter of preference |
Re: NDLEA Is Allowed To Search, Make Arrests Without Warrants - JeffPhilips1 by Okoroawusa: 10:23am On Feb 27, 2022 |
GenAbacha:Warrants to bust drug cartels in America? Come off it young man! |
Re: NDLEA Is Allowed To Search, Make Arrests Without Warrants - JeffPhilips1 by GenAbacha(m): 1:09pm On Feb 27, 2022 |
Okoroawusa: If you don’t know, a simple google search will help you educate yourself. And if after doing your research you find I’m wrong, then come and reply me with facts. Old man. |
Re: NDLEA Is Allowed To Search, Make Arrests Without Warrants - JeffPhilips1 by mapet: 3:59pm On Feb 27, 2022 |
wirinet:Arrant Nonsense! The 2015 Act upon which many Judicial references and decision have been made in the court of law including Supreme Court is what cannot pass judicial scrutiny to you. You just conjure nonsense in your head... Humor me, what section of the constitution has Section 149 of the Act contravened? |
Re: NDLEA Is Allowed To Search, Make Arrests Without Warrants - JeffPhilips1 by Nobody: 4:21pm On Feb 27, 2022 |
AnonPoet: Then if that's the case, those that made that law were donkeys. |
Re: NDLEA Is Allowed To Search, Make Arrests Without Warrants - JeffPhilips1 by wirinet(m): 4:34pm On Feb 27, 2022 |
mapet:You are just arguing off point. Section 149 of the Administration of Criminal Justice Act (ACJA) never implied that the police of any of it's agencies can search your house without a warrant. The section was talking about employing reasonable force to enforce a search warrant. |
Re: NDLEA Is Allowed To Search, Make Arrests Without Warrants - JeffPhilips1 by Gireiboy(m): 4:43pm On Feb 27, 2022 |
TRUSTEDGUY:No, it is not. |
Re: NDLEA Is Allowed To Search, Make Arrests Without Warrants - JeffPhilips1 by mapet: 5:36pm On Feb 27, 2022 |
wirinet: Apologies I quoted the wrong Act. I was actually trying to draw a background that from the ACJA, there are clear provisions where a Law Enforcement officers can search and arrest without a warrant... but let's save that for a little while My initial question persist, Humor me, what section of the constitution has Section 41 of the NDLEA Act contravened? For clarity I quote below 41. Power to search, seize and arrest as I said earlier, the ACJA section 18 permits Law Enforcement (Police) to conduct a search and arrest without a warrant is stipulated cases 18. (d) in whose possession anything is found which may reasonably be suspected to be stolen property or who may reasonably be suspected of having committed an offence with reference to the thing; |
Re: NDLEA Is Allowed To Search, Make Arrests Without Warrants - JeffPhilips1 by TRUSTEDGUY: 7:39pm On Feb 27, 2022 |
Gireiboy: Then let's see how the story ends |
Re: NDLEA Is Allowed To Search, Make Arrests Without Warrants - JeffPhilips1 by Gireiboy(m): 8:14pm On Feb 27, 2022 |
TRUSTEDGUY:We shall see. |
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