EFCC: Law enforcement officers can break into houses if suspects resist arrest

The Economic and Financial Crimes Commission (EFCC) says it is legal for its operatives to break into any house if suspects resist arrest. 

The commission said this in EFCC Alert, its monthly e-magazine, quoting sections of the Administration of Criminal Justice Act (ACJA) of 2015.

According to section 12(2) of the act, law enforcement officers have the right to enter any house forcefully as long as the suspect is confirmed to be there.

“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,” EFCC said in the magazine.

In August 2021, following the invasion of the residence of Dorathy Bachor, an ex-BBNaija housemate, TheCable published a report detailing the position of the law concerning the issues of forceful arrest among many other cogent issues.

The report noted that Section 149 (1) of ACJA provides that a person residing in a building shall allow a law enforcement agent to get free and unhindered access to carry out a search.

Section 149 (2) on the other hand allows the reasonable use of force when access cannot be obtained by the officers executing the search warrant.