- 21 Section 10 of the Administration of Criminal Justice Act provides:
(1) A police officer making an arrest or to whom a private person hands over the
suspect, shall immediately record information about the arrested suspect and an
inventory of all items or properties recovered from the suspect.
(2) An inventory recorded under subsection (1) of this section shall be duly
signed by the police officer and the arrested suspect, provided that the failure of
the arrested suspect to sign the inventory shall not invalidate it.
(7)Where any property has been taken from a suspect under this section, and the
suspect is not charged before a court but is released on the ground that there is
no sufficient reason to believe that he has committed an offence, any property
so taken from the suspect shall be returned to him, provided the property is
neither connected to nor a proceed of offense.
7.16. A reading of the above provision shows that personal belongings of suspects
heading for detention are temporarily seized to be returned on their release in
accordance with laid down provisions.
The defendant has not satisfied this Court that the procedures were complied with in
this case by failing to show an inventory of the suspects property which they
seized and later returned.
The plaintiff however averred that the property were seized for 3 days with the
exception of his phone in lieu of which he was given three thousand naira. This
averment is an admission that at some point in time his properties were returned to him,
except for the wrist watch. The defendant however exhibited an unprofessional
attitude with regards to the plaintiff’s phone which it allegedly misplaced and
gave him the sum of N3000 in lieu.
Therefore the declaration sought by the plaintiff in this regard fails.
7.0. DECISION
The Court, adjudicating in public sitting, after hearing both parties, in last
resort, after deliberating in accordance with the law;
AS TO THE MERITS OF THE CASE
7.1. The Court determines that the Plaintiff has made out a cause of action
against the Defendant and, considering that there is no denial by the Defendant
of the acts of arrest and detention but sought to offer justification, the Court
declares that no further proof is required of the Plaintiff.