In the past few days, the EFCC has faced criticism over the invasion of the residence of Dorathy Bachor, an ex-BBNaija housemate. On August 23, the reality TV star said operatives of the EFCC broke into her house around 4:45am. She claimed that the operatives broke down the door to her house, almost causing her mum a panic attack.
Bachor added that when she demanded an explanation for the forced entry, she was told that they were chasing a suspect who ran into her estate. The incident elicited.
Section 12(2) states: “Where access to a house or place cannot be obtained under subsection (1) of this section, the person or police officer may enter the house or place and search it for the suspect to be arrested, and in order to effect an entrance into the house or place, may break open any outer or inner door or window of any house or place, whether that of the suspect to be arrested or of any other person or otherwise effect entry into such house or place, if after notification of his authority and purpose, and demand of admittance duly made, he cannot obtain admittance.”
Public outcry from many Nigerians who criticised the anti-graft agency. Amid the criticism, the EFCC said its operatives had knocked on the door of Bachor’s apartment to execute a and search warrant in order to arrest suspects of a crime.
Wilson Uwujaren, the EFCC spokesperson, said the operatives were denied access into the apartment, prompting them to “force their way” in. Following the explanation, many Nigerians have been talking about the legality of the EFCC’s action.
The Position of The Law
What is a search warrant? It is an order which is issued by a magistrate or judge to law enforcement agents for the purpose of conducting a search on a person or place.
“a search warrant may be issued and executed at any time on any day, including a Sunday or public holiday.”
The Administration of Criminal Justice Act (ACJA) 2015 explains how a search warrant should be executed by officers of law enforcement agencies.
Section 146 of the ACJA 2015 states that a search warrant shall be assented to by a judge, magistrate, or justice of peace and shall remain in force until it is executed or cancelled by the court which issued it.
On the timing of the execution of a search warrant, section 148 of the ACJA 2015 states that a search warrant may be executed “anytime” of the day.
The section states “a search warrant may be issued and executed at any time on any day, including a Sunday or public holiday”.
Is Force Allowed When Enforcing Search Warrants?
Section 149 (1) of the ACJA provides that a person residing in a building shall allow a law enforcement agent to get free and unhindered access to carry out a search.
Section 149 (2) allows the reasonable use of force when access cannot be obtained by the officers executing the search warrant.
It reads: “Where any building or other thing or place liable to search is closed, a person residing in or being in charge of the building, thing or place shall, on demand of the police officer or other person executing the search warrant allow him free and unhindered access to it and afford all reasonable facilities for its search.
Where access into the building, thing or place cannot be obtained, the police officer or other person executing the search warrant may proceed in the manner prescribed by section 9, 10, 12, and 13 of this Act.”
What is the Manner Prescribed By Section 9 and 12?
Section 9(1) states: “Where a suspect is arrested by a police officer or a private person, the officer making the arrest or to whom the private person hands over the suspect: (a) May search the suspect, using such force as may be reasonably necessary for the purpose.
Section 12(2) states: “Where access to a house or place cannot be obtained under subsection (1) of this section, the person or police officer may enter the house or place and search it for the suspect to be arrested, and in order to effect an entrance into the house or place, may break open any outer or inner door or window of any house or place, whether that of the suspect to be arrested or of any other person or otherwise effect entry into such house or place, if after notification of his authority and purpose, and demand of admittance duly made, he cannot obtain admittance.”
Culled from The Cable, August 30, 2021
FAQs On EFCC
1. How do EFCC track Yahoo boys and other fraudstars?
5 ways EFCC track Yahoo boys and other fraudstars
EFCC never forgives. Think of this, they are also going after governors who served between 1999 and 2007. They are unforgiven like I said. Instead of going into criminal activities with the hope that no one will find you just know that efcc are there.
Now, wonder how EFCC track someone? or even how they intelligently capture yahoo boys and their organized crime, such as money laundering and terrorism-financing. Keep reading to learn all of the ways EFCC catch yahoo boys.
- Mobile Tracking app
- Investigation
- Whistle Blower
- Partnering with Telecommunication
- Partnering with Financial Institution.
2. EFCC crime tracking App
EFCC gets new crime tracking App from Interpol
International Criminal Police Organisation (Interpol) has provided the Economic and Financial Crimes Commission (EFCC) with an Application to enhance intelligence sharing in the tracking of organised crime, such as money laundering and terrorism-financing.
The App comprises a database to be supervised by the National Central Bureau (NCB), an interface between Interpol and national law enforcement agencies of countries through the I-24/7 Gemini Project, a global police communications system. Elated acting chairman of EFCC, Ibrahim Magu, witnessed the demonstration of the new App at the commission’s headquarters in Abuja.
