Section 38 Nigeria Police Act

Section 38 of the Nigeria Police Act 2020 is about Arrest by police officer without warrant. It is under Part VII (Powers of Police Officers) of the Act. It provides as follows:

(1) A police officer may, without an order of a court and without a warrant, arrest a suspect –
(a) whom he suspects on reasonable grounds of having committed an offence against a law in Nigeria or against the law of any other country, unless the law creating the offence provides that the suspect cannot be arrested without a warrant ;

(b) who commits an offence in his presence ;
(c) who obstructs a police officer while in the execution of his duty, or who has escaped or attempts to escape from lawful custody ;

(d) in whose possession anything is found which may reasonably be suspected to be stolen property or who may reasonably be suspected of having committed an offence with reference to the thing ;
(e) whom he suspects on reasonable grounds of being a deserter from any of the armed forces of Nigeria;

(f) whom he suspects on reasonable grounds of having been involved in an act committed at a place outside Nigeria which, if committed in Nigeria, would have been punished as an offence, and for which he is, under a law in force in Nigeria, liable be apprehended and detained in Nigeria ;

(g) having in his possession without lawful excuse; the burden of proof which excuse shall lie on the person, any implement of housebreaking, car theft, firearm or any offensive or dangerous weapon ;

(h) whom he has reasonable cause to believe a warrant of arrest has been issued by a court of competent jurisdiction in Nigeria;

(i) found in Nigeria taking precautions to conceal his presence in circumstances, which afford reason to believe that he is taking such precautions with a view to committing an offence ;

(j) whom he is directed to arrest by a judge or magistrate ;

(k) whom he reasonably suspects to be planning to commit an offence for which the police officer may arrest without a warrant, if it appears to him that the commission of the offence cannot be otherwise prevented ; or
(l) required to appear by a public summons issued under this Act or any other Act;
(m) to protect a child or other vulnerable person from the suspect in question ; and

(n) to prevent the suspect in question from-
(i) causing physical injury to himself or any other person,
(ii) suffering from physical injury,
(iii) causing loss of or damage to property ;
(iv) committing an offence against public decency where members of the public going about their normal business cannot reasonably be expected to avoid the person in question, or
(v) causing an unlawful obstruction of the highway ;

(2) No person shall be arrested without warrant except as provided in subsection (1).

(3) The authority given to a police officer to arrest a suspect who commits an offence in his presence is exercisable in respect of offences committed in the officer’s presence notwithstanding that the Act creating the offence provides that the suspect cannot be arrested without a warrant.