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Consequences of an illegal search or arrest.

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Ochili Michael

Search without regards to decency attracts legal action.
It is unlawful in law for a man to search a woman during search or arrest. the  law provides that search should be done by persons of the same sex. And must be done with strict regards to decency  

Search must be carried out  in the presence of the occupant of the place to be searched and to be done in the presence of witnesses preferably inhabitants of the neighbourhood to be searched. See section 12(1)of ACJA.

Note, where your premises is to be searched, you are required to search the officer/officers conducting the said search first before proceeding to search your premises.

Note also, where a woman in purdah  is in the premises or house to be searched or any other woman who according to custom and religious practices does not appear in public,the person conducting the search shall first give her notification for the search and  the necessary opportunity to withdraw herself out of the premises before going on with the search. Sec. 12(3).Acja.

Failure to adhere to the strict provision governing search,the officer who breached the law will be liable in tort. And human right action can be maintained against the facilitator, police officer and entire police force for damages See sec. 46(1&2) CFRN.

Ochili Michael Esq.

MICHAEL'S legal diary.
Information is strength ###
Follow me via: www. Obinnamichaelochili.com.
WATSAPP @08068184162.

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