Can Police Release Recovered Property to its Owner even where it’s an Exhibit to be used in Court? Daily Law Tips (Tip 250)
By Onyekachi Umah,Esq.
Often times, Police officers refuse to release stolen but recovered property to their owners under the excuse that such are “exhibits” to be used in court against arrested suspects. This causes hardship and even damage to property.
Now by the Administration of Criminal Justice Act 2015, upon a request, a police officer has right to release any property recovered from an arrested suspect to the owner of such property or to any person that has interest on such property. Such property is to be released on bond (an undertaking to return such property where the need arises) until such arrested suspect is sent to court.
If police fails to release such property, then such police must make a report to the court stating information of the property recovered from the arrested suspect and the court can then order that such property be returned to its owners in the interest of justice, where necessary.
Note that where an arrested suspect is released and not charged to court for lack of evidence, any property recovered from such arrested suspect must be returned to him unless there is proof that such property is connected to crime.
References;
Sections 10(4)(5)(6)and 7 and 494 of the Administration of Criminal Justice Act, 2015 and other similar laws in states across Nigeria.
Credit:Sabilaw
