₦airaland Forum

TRUSTEDGUY:


Nigeria and it's stupid laws we seems to forget that there is fundamental human right.
And it's shame to note that the NDLEA has forget the term unlawful arrest.

This is was happen to a country rule by chalatans

Jostoman:
Are we now in banana republic where we do things without the rule of law. I forgot that our present government are not practicing democracy.

Gireiboy:
Nigerian Constitution is superior to that of the UN as regards Nigeria.

TRUSTEDGUY:
.

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

Igbofam:
Information is power. Live a clean life is all there is to it.

NDLEA is backed by the law to search at will without warrants

HarunaWest:
It is done everywhere else you slowpoke. Where have you been to in this world sef? Have you asked your guys in Malaysia,China, Dubai, U.A.E, Phillipines et al how the officers raid them anyhow?. Una go just sit-down for Naija dey form activist. You are dealing on drugs NDLEA burst you, una dey comment. Even the zinoleesky and moGood didn't say kpim,una dey cap anyhow.

Duplik8t77:
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.

Gireiboy:
And so!

HarunaWest:
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.

AriseNews:
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https://www.youtube.com/watch?v=hBg0kAnBGvU

AnonPoet:
https://twitter.com/jeffphilips1/status/1497441408298491908?t=K9CESgN_Fs_4EYHRiI9tTQ&s=19[/quote]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.

TRUSTEDGUY:
A powerful Russia will bow to America super power

wirinet:
The law itself is against the fundamental human rights of rights to dignity. Getting a warrants from a judge is very easy and straight forward. Just present your evidence and arguments before a judge and a warrant would be granted within a matter of minutes.

Giving any human the powers to arrest arbitrarily without check is dangerous and would lead to serious abuse. Nigerian Police and other security forces break into people's houses, lock up suspects for months and search through people's phones, and commit all sorts of atrocities against innocent citizens and you are supporting this obnoxious law.

If this act actually exists, it should be challenged at the courts as it is blatantly against the constitution. The act cannot pass judicial scrutiny.

mapet:
An Act cannot pass judicial scrutiny? Do you know the meaning of an Act?

1. 1. This Constitution is supreme and its provisions shall have binding force on the authorities and persons throughout the Federal Republic of Nigeria.

3. If any other law is inconsistent with the provisions of this Constitution, this Constitution shall prevail, and that other law shall, to the extent of the inconsistency, be void.

Gireiboy:
So you prefer we have a unipolar world.

GenAbacha:
Like it or not, yes. There were warrants for every mafia arrest, surveillance, etc. Escobar had his own series of federal warrants.

There were a series of warrants issued for even hushpuppy. Heck his laptop could not be accessed without a warrant.

Nigerians just close eyes to watch/read news.

Okoroawusa:
Warrants to bust drug cartels in America?

Come off it young man!

wirinet:
There is a concept called supremacy in Law.


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.

AnonPoet:
https://twitter.com/jeffphilips1/status/1497441408298491908?t=K9CESgN_Fs_4EYHRiI9tTQ&s=19[/quote]Then if that's the case, those that made that law were donkeys.

mapet:
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?

TRUSTEDGUY:
This is the reality and not a matter of preference

wirinet:
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.

41. Power to search, seize and arrest
(1) For the purpose of this Act-
(a) any police officer or customs officer; or
[1999 No. 62.]
(b) any officer of the Agency involved in the enforcement of the provisions of this
Act-
[1992 No. 15.]
(i) may, without 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;
(ii) may perform, test and take samples of any substances relating to the
commission of an offence which are found on the land, building or carrier, including aircraft, vehicle, container or any other instrumentalities
whatsoever searched pursuant to paragraph (a) of this subsection;
(iii) arrest any person whom he has reason to believe has committed an
offence under this Act;
(iv) seize any item or substance which he has reason to believe has been
used in the commission of an offence under this Act.

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;

(k) whom he reasonably suspects to be designing to commit an offence for which the police may arrest without a warrant, if it appears to him that the commission of the offence cannot be otherwise prevented

Gireiboy:
No, it is not.

TRUSTEDGUY:
Then let's see how the story ends

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