Section 143-157 of the Administration of Criminal Justice Act 2015
Section 143 to 157 of the Administration of Criminal Justice Act 2015 is under PART 18 (SEARCH WARRANTS) of the Act.
Section 143 Administration of Criminal Justice Act 2015
Application for search warrant
Where an investigation under this Act is being made by a police officer, he may apply to a court or Justice of the Peace within the local limits of whose jurisdiction he is for the issue of a search warrant.
Section 144 Administration of Criminal Justice Act 2015
Cases in which search warrants may be issued
(1) Where a court or Justice of the Peace is satisfied by information on oath and in writing that there is reasonable ground for believing that there is in any building, ship, carriage, receptacle, motor vehicle, aircraft or place:
(a) anything upon or in respect of which any offence has been or is suspected to have been committed; or
(b) anything which there is reasonable ground for believing will afford evidence as to the commission of an offence; or
(c) anything which there is reasonable ground for believing is intended to be used for the purpose of committing an offence, the court or Justice of the Peace may at any time issue a warrant, called a search warrant, authorising an officer of the court, member of the police force, or other person named to act in accordance with subsection (2) of this section.
(2) A search warrant issued under subsection (1) shall authorize the officer of the court, a police officer, or other person named to:
(a) search such building, ship, carriage, receptacle, motor vehicle, aircraft or place for any such thing, and to seize any such thing until further trial proceeding before the court issuing the search warrant or some other court to be dealt with according to law; and
(b) arrest the occupier of the house or place where the thing was found where the court thinks fit so to direct on the warrant.
Section 145 Administration of Criminal Justice Act 2015
Discharge of suspected person
Where the occupier of any building or the person in whose possession a thing named in a search warrant is found and is brought before a court or Justice of the Peace and a complaint is not made that he has committed an offence, the court or Justice of the Peace shall immediately discharge him.
Section 146 Administration of Criminal Justice Act 2015
Search warrant to be signed by Magistrate or Justice of the Peace
(1) A search warrant shall be under the hand of the Judge, Magistrate or Justice of the Peace issuing it.
(2) A warrant shall remain in force until it is executed or until it is cancelled by the court which issued it.
Section 147 Administration of Criminal Justice Act 2015
Search warrant to whom directed
A search warrant may be directed to one or more persons and when directed to more than one it may be executed by all or by any one or more of them.
Section 148 Administration of Criminal Justice Act 2015
Time when search warrant may be issued and executed
A search warrant may be issued and executed at any time on any day, including a Sunday or public holiday.
Section 149 Administration of Criminal Justice Act 2015
Person in charge of closed place to allow access
(1) Where any building or other thing or place liable to search is closed, a person residing in or being in charge of the building, thing or place shall, on demand of the police officer or other person executing the search warrant, allow him free and unhindered access to it and afford all reasonable facilities for its search.
(2) Where access into the building, thing or place cannot be so obtained, the police officer or other person executing the search warrant may proceed in the manner prescribed by sections 9, 10, 12 and 13 of this Act.
(3) Where a suspect in or about the building, thing or place is reasonably suspected of concealing on his person an article for which search should be made, the suspect may be searched and if the suspect to be searched is a woman she shall be searched by another woman and may be taken to a police station for that purpose.
(4) A search under this part shall, unless the court or Justice of the Peace owing to the nature of the case otherwise directs, be made in the presence of two witnesses and the person to whom the search warrant is addressed may also provide a witness within the neighbourhood.
(5) A list of all things found on his person and seized shall be drawn up by the person carrying out the search and shall be signed or sealed by the person to whom the search warrant is addressed, the person executing the search warrant and the witnesses, and a witnessed copy of the list shall be delivered to the person searched.
(6) Where a place to be searched is an building physically occupied by a woman who according to custom or religion, does not appear in public, the person making the search shall, before entering the building, give notice to the woman that she may withdraw and shall afford her every reasonable facility for withdrawing and may then enter the building.
Section 150 Administration of Criminal Justice Act 2015
Occupant of place searched may attend
The occupant of a place searched or some person on his behalf shall be permitted to be present at the search and shall, if he so requires, receive a copy of the list of things seized there, signed or sealed by the witnesses, if any.
Section 151 Administration of Criminal Justice Act 2015
Execution of search warrant outside jurisdiction
A person executing a search warrant beyond the jurisdiction of the court or Justice of the Peace issuing it shall, before doing so, apply to the court within whose jurisdiction search is to be made and shall act under its directions.
Section 152 Administration of Criminal Justice Act 2015
Magistrate may direct search in his presence
A Magistrate or Justice of the Peace may direct a search to be made in his presence of any place for the search of which he is competent to issue a search warrant.
Section 153 Administration of Criminal Justice Act 2015
Detention of articles recovered
(1) Where upon the execution of a search warrant anything referred to in section 144 of this Act is recovered, it may be detained by the police, taking reasonable care that it is preserved until the trial or any further proceeding.
(2) A list of all things recovered in the course of search and of the places in which they are found shall be drawn up by the person carrying out the search in accordance with section 149 (5) of this Act and a copy of the list forwarded to the Judge, Magistrate or Justice of the Peace who issued the warrant for his information with indication as in the prescribed form set out in the First Schedule to this Act on the search warrant of the things:
(a) seized that are detained or caused to be detained; and
(b) that were seized but have been released to the owners.
(3) Where a defendant is charged to court with an offence or no appeal or further proceedings is pending in relation to an item recovered during a search, the police shall:
(a) restore to the person who appears to be entitled to them; and
(b) Where he is the defendant, cause to be restored to him or to his legal practitioner or to such other person as the defendant may direct.
(4) The police or any other agency carrying out the search is authorised or required by law to dispose of the items seized in accordance with the provisions of section 153 of this Act, the police or agency shall release the proceeds of the disposal of the seized items to the person entitled to it.
(5) Any property or a part of the property may be applied to the payment of any cost or compensation directed by the court to be paid by the defendant, or person entitled to the property.
Section 154 Administration of Criminal Justice Act 2015
Perishable articles may be disposed of by court
Where a thing seized under a search warrant is of a perishable or noxious nature, it may be disposed of in such manner as the court may direct.
Section 155 Administration of Criminal Justice Act 2015
Search for and disposal of gunpowder
Where the thing to be searched for under a search warrant is gunpowder, arms, ammunition or any other explosive, dangerous or noxious substance or thing the person making the search has powers and protection as are given by a written law for the time being in force to a person lawfully authorised to search for the thing, the thing shall be disposed of in the same manner as directed by the written law, or in the absence of the direction, as the court may either generally or in any particular instance order.
Section 156 Administration of Criminal Justice Act 2015
Disposal of counterfeit currency and certain other thing
Where, in consequence of the execution of a search warrant, there is brought before a court any forged banknote, banknote paper, counterfeit coin, instrument, or other thing for forgery or counterfeiting, the possession of which, in the absence of lawful excuse, is an offence, the court may cause the thing to be defaced or destroyed.
Section 157 Administration of Criminal Justice Act 2015
Transmission to court of other State
Where a search warrant is issued in respect of an offence against the law of any State of Nigeria and a summons has been issued for that offence by, or any person has been charged with that offence before a court of that State, the Court issuing the search warrant may, unless he has disposed of the thing in accordance with section 153 of this Act, transmit anything seized and brought before him to that court and in relation to anything so transmitted the functions conferred on a Magistrate by this Act shall be exercised and performed by that court instead of the Magistrate who issued the search warrant.