The illegality or otherwise of Rochas Okorocha’s arrest

BY STANLEY ALIEKE

“A law enforcement agent can resort to the use of force where and when necessary to effect an arrest or conduct a search on a suspect (paraphrased)~ S.149(2) of the Administration of the Criminal Justice Act, 2015”.

Operatives of the Economic and Financial Crimes Commission (EFCC) teamed up with the Nigerian police force to storm the Abuja residence of the past Imo state governor and the current senator representing Imo West senatorial district to effect an arrest on him.

The manner in which the joint operatives of the EFCC and the NPF laid siege in his house, attacked and broke down the door of the federal lawmaker for the purpose of arresting him have raised debates and people arguing on the legality or illegality of that style of the arrest.

Everybody’s question is whether the EFCC has the right to lay siege and break into the home of anybody, at any time of the day for the purpose of arresting a suspect?

The reason why this Gestapo style of arrest applied by the EFCC in arresting the presidential hopeful is disturbing to all and sundry is because of the status of the suspect in the society; a past governor and a serving federal lawmaker; if this forceful manner can be applied in effecting an arrest on a person like Rochas Okorocha you never can tell the extent a law enforcement agent can go in their use of force on the common man on the street.

The subject of debate has been; can the EFCC or any other law enforcement agency lay a siege and break into any of their suspects’ homes to effect an arrest; is this lawful? Secondly, can the EFCC or any other law enforcement agency effect an arrest on an individual without a warrant properly issued by a court of competent jurisdiction?

Addressing these issues, we would make recourse to the administration of the criminal justice act 2015, christened ACJA which is the extant law in this regard.

According to section 149(2) of the ACJA; a law enforcement agent is permitted to resort to the use of force where and when necessary to effect an arrest on a suspect or conduct a search on a suspect or a suspect’s property or home. This section of the law simply implies that a law enforcement agent is at liberty or lawfully permitted to make use of whatever force necessary like breaking into the house of a suspect to conduct a search on the premises or the property or to effect an arrest on any person when the person is resisting arrest or resisting search or the right of ingress or egress of the law enforcement agent(s) has been denied or restricted.

By the provision of this law, the operatives of the EFCC haven’t broken any law by forcing their way into the house of Rochas Okorocha to arrest him since the suspect refused to let them in and has been resisting arrest. They have been permitted by the law to break down whatever obstacle obstructing their way or stopping them from carrying out their lawful duties.

Secondly, addressing the succeeding issue; “whether the EFCC or any other law enforcement agency can carry out an arrest or search without a warrant”?

It is the law that a warrant must properly be issued, duly signed by a judge or magistrate of a court of competent jurisdiction or a justice of peace bearing the right details of the suspect before any law enforcement agent can accost any person for the purpose of arrest or conducting a search on the property of that person. But there are exceptions to this law. There are instances when a law enforcement agent does not need a warrant to enforce an arrest or conduct a search on a suspect.

These instances include when a crime is committed in the presence of a law enforcement agent or the officer of the law caught a suspect red-handed committing a crime. The law enforcement agent is at liberty to immediately arrest the suspect without first going through the rigorous process of obtaining a warrant. Also, a law enforcement agent can arrest a person without a warrant when the suspect has been evasive or has jumped bail, or when the suspect was granted bail but absconded or refused to show up when he was needed. A judge may also order a law enforcement agent to arrest a suspect who is supposed to appear before the court but has been unnecessarily absent from the court for no valid reasons.

In the case of the past Imo governor, according to the EFCC, jumped bail and has refused to honor their invitations, he has been evading court process and refused to appear in court so the EFCC had no choice but to carry out a forceful arrest on him.

In conclusion, while we can all condemn this manner of arrest and the disrespect melted on the federal lawmaker; it is morally wrong but it is lawfully justifiable. People of high status in society should learn to respect themselves and respect the courts and honor any invitations from the law enforcement agencies. If the past governor honored the invitations of the EFCC there wouldn’t have been any cause for what happened yesterday evening.

Alieke is a lawyer based in Abuja. He can be reached via [email protected]