Securing the Attendance of an Accused Person in Nigeria

In Nigeria’s criminal justice system, ensuring the presence of an accused person in court is fundamental to upholding the rule of law. Three primary mechanisms—summons, arrest with warrant, and arrest without warrant—are employed to secure attendance, each governed by statutes such as the Administration of Criminal Justice Act (ACJA), Criminal Procedure Act (CPA), and regional laws like the Criminal Procedure Code Law (CPCL) in Northern Nigeria and the Administration of Criminal Justice Law (ACJL) in Lagos. This article explores these modes, their legal frameworks, and constitutional safeguards to balance law enforcement with individual rights.

The Summons

A summons is a court order requiring an accused person to appear before a judge or magistrate to answer charges. It’s the least intrusive method, typically used for minor offenses when the accused is likely to cooperate.

Issuance: Magistrates, judges, or Justices of the Peace (in Northern Nigeria) can issue summonses based on sworn complaints.
When it’s used: Ideal for minor offenses like petty theft or when there’s no reason to believe the accused will flee.
What it contains: The summons must clearly state the alleged offense, the accused’s name, the date and time of the court appearance (giving at least 48 hours’ notice), and the issuing authority’s signature. Even a rubber-stamped signature is valid (Goodman v Ebans Ltd).
Service: Police officers or court officials typically serve the summons. Personal service is preferred, but substituted service (e.g., through a family member) may be allowed with court approval. Importantly, a summons issued in one state can be served in another without requiring a magistrate’s endorsement.
Consequences of ignoring a summons: Failure to appear can result in a warrant for the accused’s arrest.
Lifespan: A summons remains valid until it’s executed or canceled, even if the issuing authority’s status changes (e.g., retirement or death).

Arrest with a Warrant

A warrant of arrest is a formal court order authorizing law enforcement to detain an accused person. It signifies a more serious situation than a summons.

Issuance: Judges, magistrates, or Justices of the Peace (in Northern Nigeria under the CPCL) can issue warrants. Generally, a sworn complaint demonstrating reasonable suspicion of an offense is required (though this isn’t necessary under the CPCL).
Execution: Warrants are directed to the police or other authorized officers and can be executed at any time, even on Sundays, except within courtrooms or legislative premises during sessions (Tony Momoh v Senate of National Assembly). Officers must inform the accused of the warrant unless they anticipate resistance. If the accused is in a different state, the warrant needs to be endorsed by a magistrate in that state before it can be executed. The accused can then be returned to the issuing state or granted bail.
Lifespan: A warrant expires once it’s been executed. Using the same warrant to rearrest someone is illegal (V. Akinyanju).
Public Summons: If an accused person absconds, a judge can order a public summons through newspapers or posted notices (ACJA/CPCL).

Arrest Without a Warrant

In certain urgent circumstances, arrests can be made without a warrant.

By Police: Police officers can arrest without a warrant if an offense is committed in their presence, if they suspect a felony, or to prevent a crime. The suspicion must be objective and reasonable (O.P. v Obolo). After the arrest, the suspect must be promptly informed of the charges (in a language they understand) and taken to a police station.
By Judicial Officers: Magistrates or judges can order arrests for offenses committed in their presence.
By Private Citizens: Private individuals can arrest someone if they witness an offense or suspect a felony. However, they must immediately hand the suspect over to the police. Delaying this can lead to accusations of false imprisonment (Lewis v Tims).

Searches

Searches are a crucial part of criminal investigations, but they must be conducted within legal boundaries.

Without a Warrant: Searches without a warrant are permitted in specific situations, such as when dealing with stolen goods, searching a suspect, or in urgent cases (e.g., NDLEA drug operations). However, there are safeguards: women must be searched by female officers, and all searches must be conducted with respect for decency (ACJA).
With a Warrant: Warrants are issued by magistrates, judges, or senior police officers for specific premises and are generally executed between 5 AM and 8 PM unless a court authorizes otherwise. Force is permitted if entry is denied.
Admissibility of Evidence: Even if the evidence is obtained illegally, it might still be admissible in court under the Evidence Act 2011, subject to judicial discretion.
Liability: Maliciously obtaining a warrant can result in legal action and damages (Garba v Maigoro).

Constitutional Safeguards

The 1999 Nigerian Constitution (as amended) provides several fundamental rights to protect accused persons:

Right to Liberty (S.35): Detainees must be charged within 24-48 hours, and compensation is available for unlawful detention.
Right to Dignity (S.34): Torture and degrading treatment are prohibited.
Right to Privacy (S.37): Except for lawful searches.
Presumption of Innocence (S.36(5)): The prosecution bears the burden of proof.
Access to Counsel (S.36(6)): The right to legal representation.

It’s important to note that there are regional variations in these procedures:

Lagos (ACJL): Summons service is restricted to weekdays between 8 AM and 6 PM.
Northern Nigeria (CPCL): Justices of the Peace have a broader role, and complaints don’t require an oath.
ACJA: This federal law emphasizes human rights, such as prohibiting handcuffs unless the accused resists.

Conclusion

Nigeria’s legal framework aims to balance efficient law enforcement with respect for fundamental rights. While summonses prioritize non-coercive measures, warrants and arrests without warrants address urgent scenarios. Constitutional safeguards ensure accountability, though challenges persist, such as delays in trials and misuse of powers. Ongoing reforms, like the ACJA’s emphasis on speedy trials and reduced pretrial detention, reflect efforts to modernize justice delivery. For citizens, understanding these procedures is vital to safeguarding their rights; for law enforcement, adherence ensures legitimacy and public trust.