FACT CHECK: Is it illegal for security operatives to arrest suspects at night as claimed by Falana? | TheCable.

On July 5, Femi Falana, human rights lawyer, said there is no law that supports night raids on residences of citizens.

Speaking during a programme on Channels Television, the senior advocate of Nigeria (SAN), described the raids on residences of citizens by security operatives as “dangerous legacy” of the military era.

Falana was reacting to the raid by operatives of the Department of State Services (DSS) in the Ibadan home (pictured) of Sunday Adeyemo, a Yoruba youth leader better known as Sunday Igboho, on the night of July 1.

“There is no law in Nigeria that allows you to arrest anybody in the dead of the night. I mean, you are not planning a coup. We aren’t armed robbers,” Falana said.

He said there is no provision under the law that a citizen can be arrested at night — unless the crime is committed in the night.

WHAT DOES THE LAW SAY?

Speaking on the raid, Peter Afunanya, DSS spokesperson, did not state whether the secret service got a search warrant from the court to carry out the operation but he said the DSS “procedurally searched the house”.

The raid on Igboho’s residence by the DSS has been a matter of legal debate as many legal experts have weighed in on the legality of the DSS’ method of arrests.

TheCable searched through legal provisions that serve as a framework for the operations of law enforcement agencies in the country, including the DSS.

Section 148 of the Administration of Criminal Justice Act (ACJA) 2015 indicates that the arrest of suspects can be carried out “any time” by law enforcement agencies with a search warrant.

Section 148 of the ACJA 2015 states: [“A search warrant may be issued and executed at any time on any day including a Sunday or public holiday.”

The use of “any time” in section 148 of the ACJA 2015 implies that a person’s residence can be searched or the individual arrested any time of the day, including at night if a warrant is issued by the court to that effect.

This means that the DSS can affect an arrest, if a warrant is issued by the court to that effect at any time of the day, including at night or on Sunday and public holidays.

Section 149 (2) of the ACJA 2015 also provides that the law enforcement officer (s) enforcing the warrant can resort to “force reasonably necessary for the purpose” when access is being denied.

The section states: “Where access into the building, thing or place cannot be obtained, the police officer or other person executing the search warrant may proceed in the manner prescribed by section 9, 10, 12 and 13 of this Act.”

A glance at sections 9(1) and 12(2) of the ACJA 2015 shows that the officer(s) enforcing the warrant can resort to force when access is denied.

Section 9(1) of the ACJA 2015 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) of the ACJA 2015 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.”

VERDICT

The claim made by Falana that no Nigerian law allows the arrest of citizens at night is inconsistent with section 148 of the ACJA 2015. The use of “any time” for the enforcement of a warrant implies that arrest can be executed any time of the day, including at night.

https://www.thecable.ng/fact-check-is-it-illegal-for-security-operatives-to-arrest-suspects-at-night-as-claimed-by-falana

Falana whatever you say is right when it comes to law and Nigeria's constitution

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SATANICALLY:
FACT CHECK: Is it illegal for security operatives to arrest suspects at night as claimed by Falana? | TheCable.

On July 5, Femi Falana, human rights lawyer, said there is no law that supports night raids on residences of citizens.



https://www.thecable.ng/fact-check-is-it-illegal-for-security-operatives-to-arrest-suspects-at-night-as-claimed-by-falana

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InaNla:
I see Buari going to jail after 2023.

[s]

Elporo:


See them .. the low lifes.

Speciality is lies, ethnic and religious bigotry.

Once people like InaNla sense truth they feel scared

[/s]

There is no specific time to arrest or kill a terrorist
So papa falz keep quiet

When I say some tribe and ignorance Na 5&6..
Dem go attack .. abuse and curse .. truth hurts..

But truly even on nairaland ignorance abound.. people claiming empty sophistication ..and I too know.

God help the present generation.

Some people cannot read with their brains intact, falana didn't mention that the law stated that is wrong to effect an arrest anytime, what he said was that it was against reasoning to do such

Hmm


https://www.youtube.com/watch?v=mYvOFs29baY

It's right for our darling daddy to sent armed men to Sunday Igboho house, they raid it as much as they want, they even killed too.

It's right for our darling daddy to kidnapped that Nnamdi Kanu who called him Jubril Alsudani just to teach him a lesson.


But if our darling daddy should used the same energy to fight bandits, raid herdsmen camp, fight bokoharam, it will be so wrong, because those ones are doing business but Nnamdi Kanu and Igboho are the real problem our darling country is facing.

Nigeria is a failed country, if theres anything to replace F9, it would have been better...

We miss the days of Gani faweheni who are real interpreters of the law and a great activist...

If femi falana die, alot of things would go wrong, because he has been the voice of the voiceless....

I wonder what our so called dollard lawyers and being taught in school and law school that they feel intimidated to speak up for the truth....

90% of all nigeria lawyers are dullard.....

The sections quoted is very clear, even me that's is an ordinary microbiologist understand the message than our half baked lawyer....

Arrest can be made anytime, but it must go through the court order with an arrest warrant...

God please take me and my family to a saner country biko

But is it legal to kill someone if that person is not a potential threat. DSS came to kill Igboho and not to arrest him.
If they had killed him they will not reveal that they were the ones that carried out the raid. Why wait after 24 hours before they revealed that they were the ones behind it.


When they came they killed 3 people in his house, carted away the CCTV camera and after arresting 8 people they claimed igboho was stock piling weapons and that the killing were done because they came under fire by these people.
If they are telling the truth why did they take away the cctv.
If they refuse to play the CCTV showing the murdered men shooting at them then the DSS are hired assassins sent by the government

Is it legal to shoot at harmless protesters?

We know but is it legal for dss to be d judge,jury and the executioner?

We all know Baba Falz is being heavily influenced by old age and greed.
What he is saying is that if armed robber attack a bank at night that security operatives should not Repel their attack?

Keep defending tyranny

The only thing Southerners knows how to do best is to write long Epistles on The Media.

The North be doing the actions, the South be writing scripts Up and down.

We control The media, yet, The North controls the Country.

Inasmuch as I don't support DSS, no time is an odd hour for security operatives to Arrest a suspect.

So if security operatives sees a Murderer at midnight, they will be waiting for daybreak to arrest him?

I no go out of sentiment accept that one oh

Yorubas Are Cowards. Wimps they can't help themselves.

Ban me if you like. Your platform is disgusting

Lol.
The Cable don turn lawyer??

Empowering the dss

A criminal should be arrested. Igbowo and his accomplices are criminals and they must be arrested by any means possible at any time. All that is necessary is get the criminals behind the bar. After that femi falana and Co. can dissipate their energy in futile arguments.
Kudos also to Buhari for the capture of another terrorist, Nnamdi Kanu.
God bless our dear native land of Nigeria and decimate her detractors.

Was there a warrant If no, it still illegal. Meanwhile where is igboho, shebi he dey form don before lol

Before you comment on this news, go and read falana's statement thoroughly

I really don't think this government has any business with what is legal or not.

They've not done carried out a single legal action since they assumed office so it can't be now.
We're not even expecting anything legal.
Even the office they occupy is illegal.
The administration is illegal.

How can anyone possibly think of what is legal after consuming so much cow milk?

SATANICALLY:
FACT CHECK: Is it illegal for security operatives to arrest suspects at night as claimed by Falana? | TheCable.

On July 5, Femi Falana, human rights lawyer, said there is no law that supports night raids on residences of citizens.



https://www.thecable.ng/fact-check-is-it-illegal-for-security-operatives-to-arrest-suspects-at-night-as-claimed-by-falana

In this era of Kidnapping abi. Show us the back cover of the law to ascertain if it's Nigerian constitution

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NwaEzefuNaMba:
We all know Baba Falz is being heavily influenced by old age and greed.
What he is saying is that if armed robber attack a bank at night that security operatives should not Repel their attack?

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Hope you no go skoool ooo? otherwise...

Buhari Daura Stupid Service, DSS behaving like armed robbers and assassins. They went to murder innocent people sleeping in their house at 1 AM . In Falz & Simi words, Is this a military regime?