Arrest Without Warrant

An arrest without warrant or warrantless arrest
is an arrest of an individual without the use of an arrest warrant. Under Section 24 of the Police Act, police officers are empowered to make arrest without warrant in certain circumstances. An example of such circumstance is when an officer arrests a person whom he suspects upon reasonable grounds of having committed an indictable offence. In Chukwura v. Cop (1964) NWLR 21, the courts stated that, “the test as to what is reasonable belief that a suspect has committed an offence is objective. It is not what the police himself considered reasonable, but whether the facts within the knowledge of the policeman at the time of arrest disclosed circumstances which it could be inferred that the appellant had committed an offence.” In this situation the test is, if given the same circumstances, with a reasonable man, acting without passion or prejudice suspect that an offence has been committed?
In Jackson V. Omorokuna (1981) (1) N.C.R. 283. The plaintiff and another person were seen dragging a police officer, demanded from them the particulars of the motorcycle and the ignition key. When these could not be produced, he arrested them and took them to the police station where they were detained and later released. In an action for unlawful arrest and false imprisonment. The court held that the police officer had reasonable ground in suspecting that the plaintiff and the other person stole the motocycle since they could neither produce the particulars of the motorcycle nor the ignition key. The arrest was therefore held lawful. The court also noted in that case that the matter must be looked at objectively and in the light of the facts known to the defendant at the time, not on the facts that may subsequently come to light.
It is worthy of note that its not only police officers that can order for arrest without warrant. Judicial officers and private persons can also arrest. A judge or magistrate can arrest any person who commits an offence in his presence within the judicial division or magisterial district. Provided that such a judge or magistrate could have lawfully ordered the arrest of the person if the same facts were presented before him. Private persons have power to arrest, where a person in his view commits an indictable offence, which attracts on conviction a term of imprisonment exceeding two years or a fine exceeding N400 (Section 2 (1) (PA).
Also if a private person reasonably suspects a person of committing felony with a penalty of death or imprisonment for three years he can arrest. He can also arrest if he reasonably suspects a person to have committed a misdemeanor by night, punishable by imprisonment, for a period exceeding 6 months but not exceeding more than three years.
After an arrest without warrant, the conduct of the police officer is further protected with regards to any delay or any thing done in his effort to investigate the alleged offence. The police officer will therefore not be held liable for false imprisonment if he detains a suspect in order to confirm his alibi or to investigate the case further.

Nkechi Bright Ewere