Criminal litigation
Gbadamosi v State
If the court finds that the statement was improperly or irregularly or even illegally obtained,
the said illegality or irregularity attaches only to the confessional statement and not the
whole trial, therefore, the court's ruling only affects the statement and not the whole trial.
Uzodinma v. Commissioner of Police
By virtue of S.390 of the CPC and S.28 of the Area courts Edict, 1967, legal practitioners do
not have a right of audience in Area Courts. These provisions have been declared to be
inconsistent with S.36 (6) (c) of the 1999 Constitution (as amended)which guarantees an
accused person the right to defend himself in person or by a legal practitioner of his own
choice. S.390 of the CPC and S.28 of the Area courts Edict, 1967 are, therefore, void to the
extent that they are inconsistent with S.36 (6) (c) of the 1999 Constitution.
Legal practitioners can appear at a court martial for the accused.
State v Musa Sadau
Where a court has issued an order to a police officer for the immediate rescue of an
abducted or unlawfully detained person. Such premises where a person is kept may be
searched without a search warrant for the purpose of securing his release.
Ojo v Lasisi
Where a person without reasonable cause, caused a search warrant to be issued, leading to
the search of a persons premises, or his detention or prosecution the person who paid such
malicious complain on the basis of which The police officer acted shall be liable in damages.
Arrest and detention —> false imprisonment
Search or premises —> malicious procurement of a search warrant
Prosecution (which ends in acquittal) —> malicious prosecution
Reynold v CoP
Where in the course of a search, the executing officer comes across incriminating items
which he reasonably believed to be stolen or to be relevant in respect of other offences, he
can lawfully seize them
Ikonne v CoP
A warrant of arrest is issued upon a complaint which shall be in writing and on oath.
R v Akinyanju
, Once a warrant of arrest has been executed (i.e. used to effect an arrest) it expires and can
no longer be used to effect another arrest.
Mattaradona v Aliu
Where a warrant of address is not endorsed before any magistrate or judge and an arrestee
is moved from one place to another, the non endorsement will be regarded as a mere
procedural irregularity which cannot vitiate the proceedings unless there is a failure of justice
Jackson v Omorokuna
A police officer can arrest any person without a warrant where he reasonable suspects him
to have committed an offence
Dallison v Caffery
A private person effecting an arrest without a warrant must without unnecessary delay
deliver the suspect to a nearest police officer or in the the absence of a nearest police officer
must take the suspect to the nearest police station.
John Lewis & Co. Ltd v Tims
Where a private person has failed to deliver a suspect arrested by him to the nearest police
officer or station, he will he said to be liable in damages.
Okotie v. C.O.P
The illegality, defect or error in a summons, warrant of arrest or the process of initiating or
execution of such process shall not invalidate the jurisdiction of the court to try the alleged
offender.
C.O.P v. Apampa
warrant of arrest must be issued by a competent authority
Musa Sadau v. State
illegally obtained evidence is admissible in evidence once it is relevant to the facts in issue.
Unless the court is of the opinion that the undesirability of admitting the evidence outweighs
the desirability of admitting it.
Olalekan v State
In tendering statements recorded by an interpreter the interpreter must be present and the
statement must be tendered through him. Failure to tender such statement through the
interpreter would render the statement inadmissible.
Gbadamosi v State
If the court finds that the statement was improperly or irregularly or even illegally obtained,
the said illegality or irregularity attaches only to the confessional statement and not the
whole trial, therefore, the court's ruling only affects the statement and not the whole trial.
Uzodinma v. Commissioner of Police
By virtue of S.390 of the CPC and S.28 of the Area courts Edict, 1967, legal practitioners do
not have a right of audience in Area Courts. These provisions have been declared to be
inconsistent with S.36 (6) (c) of the 1999 Constitution (as amended)which guarantees an
accused person the right to defend himself in person or by a legal practitioner of his own
choice. S.390 of the CPC and S.28 of the Area courts Edict, 1967 are, therefore, void to the
extent that they are inconsistent with S.36 (6) (c) of the 1999 Constitution.
Legal practitioners can appear at a court martial for the accused.
State v Musa Sadau
Where a court has issued an order to a police officer for the immediate rescue of an
abducted or unlawfully detained person. Such premises where a person is kept may be
searched without a search warrant for the purpose of securing his release.
Ojo v Lasisi
Where a person without reasonable cause, caused a search warrant to be issued, leading to
the search of a persons premises, or his detention or prosecution the person who paid such
malicious complain on the basis of which The police officer acted shall be liable in damages.
Arrest and detention —> false imprisonment
Search or premises —> malicious procurement of a search warrant
Prosecution (which ends in acquittal) —> malicious prosecution
Reynold v CoP
Where in the course of a search, the executing officer comes across incriminating items
which he reasonably believed to be stolen or to be relevant in respect of other offences, he
can lawfully seize them
Ikonne v CoP
A warrant of arrest is issued upon a complaint which shall be in writing and on oath.
R v Akinyanju
, Once a warrant of arrest has been executed (i.e. used to effect an arrest) it expires and can
no longer be used to effect another arrest.
Mattaradona v Aliu
Where a warrant of address is not endorsed before any magistrate or judge and an arrestee
is moved from one place to another, the non endorsement will be regarded as a mere
procedural irregularity which cannot vitiate the proceedings unless there is a failure of justice
Jackson v Omorokuna
A police officer can arrest any person without a warrant where he reasonable suspects him
to have committed an offence
Dallison v Caffery
A private person effecting an arrest without a warrant must without unnecessary delay
deliver the suspect to a nearest police officer or in the the absence of a nearest police officer
must take the suspect to the nearest police station.
John Lewis & Co. Ltd v Tims
Where a private person has failed to deliver a suspect arrested by him to the nearest police
officer or station, he will he said to be liable in damages.
Okotie v. C.O.P
The illegality, defect or error in a summons, warrant of arrest or the process of initiating or
execution of such process shall not invalidate the jurisdiction of the court to try the alleged
offender.
C.O.P v. Apampa
warrant of arrest must be issued by a competent authority
Musa Sadau v. State
illegally obtained evidence is admissible in evidence once it is relevant to the facts in issue.
Unless the court is of the opinion that the undesirability of admitting the evidence outweighs
the desirability of admitting it.
Olalekan v State
In tendering statements recorded by an interpreter the interpreter must be present and the
statement must be tendered through him. Failure to tender such statement through the
interpreter would render the statement inadmissible.
