Search Warrant

A search is an examination of person’s body, vehicle, house, premises etc, with a view of discovering some evidence of guilt to be used in the persecution of a criminal action for some other crime or offence with which a person is charged.
A Search Warrant therefore, is an order signed by the court that authorizes police officers to search for a specific object or material at a definite location.
Section 143 of the Administration of Criminal Justice Act (ACJA) Cap C41 LFN 2004 provides that a court or justice of the peace may issue a search warrant at anytime authorizing, “an officer of the court, members of the Police force or any other person named” to search such building, ship, carriage, receptacle, motor vehicle etc.
But under the Criminal Procedure Law Section 109, it is the magistrate who issues a Search Warrant.  And a Search Warrant issued remains in force until it is executed or cancelled by the court which issued it.  Also, it may be directed to one or more persons and may be executed by all or by one or more of them.
Where a person conducting a search is in breach of the procedure, for example, search conduct in a premises without a warrant, will not invalidate the evidence obtained because illegally obtained evidence is admissible in court if it is weighty and relevant.
Relevancy determines adminisibility Under the Evidence Act. In Musc V State (1908) NMLR 208, the Supreme Court cited with approval the observations of the judicial committee of the Privy Council in Kuruma V R and held that even if the procedure laid down in Section (78(1) of the Criminal   Procedure Code (CPC) in executing a search warrant was not followed, an irregularity may or may not have occurred.  Nonetheless, it held that the evidence which was obtained as a result of the search was properly admitted by the trial court because they were relevant to the fact in issue.
Search Warrants are usually not used in Nigeria by the Police as the common man is usually faced with searches by the Police who are usually interested in extorting private individuals.  However, Under the Criminal Procedure Code (CPC) and the Criminal Procedure Act (CPA), Search Warrants must be used except where there is reasonable suspicion of the presence of fake drugs or unwholesome foods where NDLEA officials can search the premises.  Also, a custom officer may also search anything that is liable to forfeiture Under the Customs and Excise management Act.

Nkechi Bright Ewere