Section 52 Nigeria Police Act

Section 52 of the Nigeria Police Act 2020 is about Search of arrested suspect. It is under Part VII (Powers of Police Officers) of the Act. It provides as follows:

(1) Where a suspect is arrested by a police officer or a private person, the police officer making the arrest or to whom the private person hands over the suspect may search the suspect if the police officer has reasonable grounds for believing that the arrested person may present a danger to himself or others.

(2) A police officer shall also have the power in any such case to search the arrested person for anything-
(a) which he might use to assist him to escape from lawful custody ; or
(b) which might be evidence relating to an offence.

(3) Where an arrested suspect is admitted to bail and bail is furnished, he shall not be searched unless there are reasonable grounds for believing that he has on his person any-
(a) stolen article ;
(b) instrument of violence or poisonous substance ;

(c) tools connected with the kind of offence which he is alleged to have committed ; or
(d) other articles which may furnish evidence against him in regard to the offence, which he is alleged to have committed.

(4) The power to search conferred under subsection (2) is only a power to search to the extent that is reasonably required for the purpose of discovering anything or evidence.

(5) The powers conferred under this section to search a person are not to be construed as authorising a police officer to require a person to remove any of his clothing in public.

(6) A police officer may not search premises in the exercise of the power conferred under subsection (2)(b) unless he has reasonable grounds for believing that there is evidence for which a search is permitted under that paragraph on the premises.

(7) A police officer shall place in safe custody all articles other than necessary wearing apparel found on the suspect.