Where a person arrested or searched is released on grounds of insufficient evidence, all articles seized from him must be released.[1] [1] Kehinde M. Mowoe, Constitutional law in Nigeria 2008, Malthouse law books p. 408/409
Except in limited circumstances, a search warrant is required to search premises. This is because as much as possible the law protects the sanctity of a home. Generally, for the premises to be searched, a search warrant must be obtained by the police. However, where a person to be arrested under a warrant of arrest […]
In respect of premises, section 78(1) of CPC requires that searches must be conducted in the presence of two respectable inhabitants of the neighborhood summoned by the person to whom the search warrant is addressed. However, a Court or Judge may waive this provision when issuing the search warrant where the circumstances of the case […]
A police officer may search such things as vehicle, ship, and an aircraft which may be conducted with or without a search warrant, depending on the nature of the thing to be searched. Custom officers are empowered to search any vehicle, ship or aircraft reasonably suspected of carrying goods liable to forfeiture without a search […]
The position of the law is that where a person by his complaint set the law in motion against another, he will be liable to that person in court. Where a police officer searches a premises armed with a search warrant, the person who laid a complaint before the police officer (on the basis of […]
Under our law in Nigeria, abortion is criminalized. Any person (This covers everyone including Doctors, Boyfriends, Herbalists, parents, friends, among others) who intend to procure miscarriage of a woman whether pregnant or not, and “unlawfully administers to her or causes her to take any poison or other noxious thing, or uses any force of any […]
In Nigeria, parental rights developed from customary and common law, but are no longer relevant in cases of custody or guardianship, where the courts consider only what will best promote the child’s welfare. Parental rights include the “rights, powers, liberties and duties, which a parent has with respect to his or her child”[1]. This parental […]
Generally, Nigerians have a right to privacy of their correspondence, telephone conversations and telegraphic communications. It also covers issues like telegrams, letters, or packages sent by ordinary or special post, correspondence done through internet, social media and so on. The content of the correspondence is to be viewed by the sender alone except if it […]
Introduction The right to fair hearing is also known as the principle of natural justice encapsulated in the two traditional latin maxims: audi alterem patem and nemo judex in causa sua. The right to fair hearing entails the following: Easy access to the court/Tribunal The right to be heard; The impartiality of the adjudicating body; […]
If you or any relative is facing Administrative panel, Tribunal or court trial, you need to take note of the following: Publicity of Trial Publicity of trial here means trial in a place where the public has unimpeded access. In such trial, open court shall be where the trial will take place not Judges chambers […]
