Section 53 Nigeria Police Act

Section 53 of the Nigeria Police Act 2020 is about Examination of arrested suspect. It is under Part VII (Powers of Police Officers) of the Act. It provides as follows:

(1) Subject to the provision of this section, an intimate search of a suspect may be carried out, if a police officer of at least the rank of Assistant Superintendent of Police has reasonable grounds for believing that the suspect in lawful custody-

(a) may have concealed on him anything which-
(i) could be used to cause physical injury to himself or others, and
(ii) might so use while he is in police detention or in the custody of a court; or
(b) that evidence of the offence alleged to have been committed can only be gotten from examination of the suspect.

(2) An authorisation under subsection ( 1) may be given orally or in writing, and where an oral authorisation has been given, it shall be confirmed in writing as soon as practicable specifying the grounds for the intimate search.

(3) A police officer carrying out the intimate search shall inform the person who is to be subjected to the search of the-
(a) purpose for the search ; and
(b) authorisation and grounds for the search.
(4) An intimate search shall be by way of examination by a suitably qualified person.

(5) Where an officer of the rank of at least an Assistant Superintendent of Police considers it impracticable for an intimate search to be by way of examination by a suitably qualified person, the intimate search may be carried out by a police officer at the rank of Sergeant.

(6) An intimate search shall be carried out by a suitably qualified person or Sergeant of the same sex as the suspect.

(7) No intimate search may be carried out except­
(a) at a police station ;
(b) at a hospital ; or
(c) at some other place used for medical purposes.

(8) If an intimate search of a person is carried out, the custody record relating to him shall state-
(a) the authorisation by virtue of which the search was carried out ;
(b) the grounds for giving the authorisation ;
(c) the fact that the appropriate consent was given ;

(d) which parts of his body were searched ; and
(e) why they were searched.

(9) The information required to be recorded by subsection (8) shall be recorded as soon as practicable after the completion of the search.

(10) The custody officer at a police station may seize and retain anything which is found on an intimate search of a person, or cause any such thing to be seized and retained if he-
(a) believes that the person from whom it is seized may use it to­
(i) cause physical injury to himself or any other person,
(ii) damage property,

(iii) ititerfere with evidence, or
(iv) assist him to escape ;

(b) has reasonable grounds for believing that it may be evidence relating to an offence.

(11) Where anything is seized under this section, the suspect from whom it is seized shall be told the reason for the seizure unless ha is-
(a) violent or likely to become violent ; or
(b) incapable of understanding what is said to him.

(12) Where the appropriate consent for an intimate search of any suspect was refused without good cause, in any proceeding against that suspect for the offence for which the search was required, the court, judge, magistrate or presiding judicial officer may draw such inferences from the refusal as it is considered proper.

(13) Every quarterly report submitted to the Attorney-General pursuant to section 47 of this Act shall contain information about searches under this section which have been carried out during the period to which it relates.

(14) The report on the searches referred to under subsection 13 shall include–
(a) the total number of searches ;
(b) the number of searches conducted by way of examination by a suitably qualified person;
(c) the number of searches not conducted by a suitably qualified person,
but conducted in the presence of such a person ; and
(d) the result of the searches carried out.

(1 5) In this section “suitably qualified person” means a registered­-
(a) medical practitioner; or
(b) nurse.