Daily Law Tips (Tip 461) by Onyekachi Umah, Esq., LLM. ACIArb(UK)


Security officers have rights to arrest and detain. Private persons/civilians also have rights to arrest but to arrest and immediately handover arrested person to police or any security agency, for possible re-arrest or immediate release.

It is not legal for a security officer or private person to arrest any person and hand over the arrested person to tradition leaders, religious leaders, politicians, community heads and public figures. It is the work, exclusive work, of security agencies to receive and host arrested persons. Any person that wants to sight or meet an arrested person must go to the office of the arresting officer/agency.

By the way, security agencies do not need oral or written permission, clearance or notice from any of the “big men, women/titles” earlier mentioned before they can do their work.

My authorities are sections 14, 494 and 495 of the Administration of Criminal Justice Act, 2105 and other similar laws across States in Nigeria. And, sections 35, 318 and 319 of the Constitution of the Federal Republic of Nigeria, 1999.


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