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Outrage Erupts As Police Spokesman Defends Breaking Into Homes Without Warrant
Outrage Erupts As Police Spokesman Defends Breaking Into Homes Without Warrant
Public Relations Officer of the Nigeria Police Force, Olumuyiwa Adejobi, ignited a fierce debate on Saturday after stating on X (formerly Twitter) that police officers are legally empowered to break into homes without a search warrant under certain circumstances…READ MORE…
The controversy began when an X user, Somto Okonkwo, shared a video showing masked police officers scaling a fence and forcefully entering a house. The officers reportedly fired shots after the occupants refused to open the gate, eventually gaining access by climbing over the fence.
The video drew widespread criticism, with many questioning the legality of the police’s actions. An X user, Joseph Tobore, accused Adejobi of endorsing unconstitutional practices, citing Section 37 of the 1999 Constitution, which guarantees the privacy of citizens’ homes.
“Nigeria is in trouble if a police spokesman can support breaking the law and claim it’s legal. Any law not in conformity with the Constitution is no law. Prince, I challenge you to educate Nigerians on Section 37,” Tobore wrote.
Another user, identified as “Great Oracle Extraordinary & Plenipotentiary,” condemned the police, stating, “How is this consistent with police operations? Masked officers, no warrant, live rounds, trespassing—this is standard operation? An armed homeowner would have shot this officer.”
Critics also expressed concerns over the misuse of police uniforms. “Uniforms are no longer proof of authority because criminals have been known to impersonate police. Only professional conduct can validate true operatives,” wrote a user with the handle ‘Dipo.’
In response to the backlash, Adejobi defended the officers’ actions, arguing, “The police have the power to break into any house or place where they are reasonably convinced an offence is being committed.” He emphasized that the law grants such powers, provided the proper procedure is followed.
“Breaking in and breaking out are lawful powers of the police under the law of the land. No amendment would strip the police of these powers, though the procedures may be reviewed,” Adejobi added.
However, critics were not swayed. An X user, Ben Samuel, challenged Adejobi’s stance, saying, “The police cannot break into homes without a valid warrant. Such actions are no different from those of armed robbers and should be met with strict punishment. Legal duties must be carried out lawfully.”
Adejobi doubled down, insisting that while warrants are necessary in some cases, police operations are governed by various sacrosanct laws, allowing for exceptions.
The debate highlights growing public scrutiny of police conduct and calls for clearer guidelines to ensure lawful and professional operations by law enforcement officers in Nigeria
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Many are ignorant of the law, and globally, raids and arrests could be conducted with or without warrants to prevent crimes or stop destruction or evidence. However, the legal significance of the evidence may be demolished if there is no court sanction prior.
Under the *Administration of Criminal Justice Act (ACJA) 2015*, law enforcement agencies are empowered to execute search warrants and effect arrests at any hour, provided certain exigent circumstances are present.
Section 12 of the ACJA 2015 provides that:
“A search warrant *may be executed at any time*, and the police officer or other person executing the warrant *may use such force as is reasonably necessary to execute the warrant.*”
Furthermore, Section 13(1) of the ACJA 2015 states that:
“*A search warrant may be executed at any hour* if the issuing authority is satisfied that there are reasonable grounds for believing that the purpose of the search would be frustrated or seriously prejudiced if the search were not carried out at that hour.”
In addition, Section 14(1) of the ACJA 2015 provides that:
“A police officer or other person executing a search warrant may, *without warrant, arrest any person found in the place or premises being searched who commits or is suspected of committing an offence.*”
These provisions collectively underscore the authority of law enforcement agencies to conduct searches and effect arrests outside traditional time constraints where justified by exigent circumstances.
References:
Administration of Criminal Justice Act (ACJA) 2015, Sections 12, 13(1), and 14(1).