By Onyekachi Umah,Esq.
EFCC & Police Can Break/Damage Any House to Search and Arrest Suspects Even Without Warrants.
The EFCC, Police and other law enforcement agencies have the right to break any door or window in a house/place in order gain entrance, search and arrest a suspect with or without a warrant of arrest (so far as there is an authority to arrest).
The option to break and forcefully gain entrance becomes necessary after the law enforcement agents are denied access to a house/place, even after they have introduced themselves, their authority and purpose.
Hence, forceful entry by law enforcement agents is allowed where access to house/place cannot be obtained from the owner or occupier of the house/place that a suspect entered into it or stays.
Please note that there are about twelve (12) situations were an arrest can be made with or without a warrant of arrest. Hence, forceful entry can also be applied by a law enforcement agent with or without a warrant of arrest, so far as there is a refusal/failure to grant access to the law enforcement agent. Here is a link to the work (Situations Where Police Can Arrest Without Warrant);/https://sabilaw.org/12-situations-where-police-officers-can-arrest-without-warrant/
This work was earlier published as “The Right Of Police To Break/Damage Any House In Search Of Suspects Even Without Warrant To Search”.
References;
Sections 12, 494 and 495 of the Administration of Criminal Justice Act, 2015 and other similar laws across States in Nigeria.
Credit: SabiLaw
