Can Police Release Recovered Property to its Owner even where it’s an Exhibit to be used in Court?

Can Police Release Recovered Property to its Owner even where it’s an Exhibit to be used in Court? Daily Law Tips (Tip 250)

By Onyekachi Umah,Esq.

Often times, Police officers refuse to release stolen but recovered property to their owners under the excuse that such are “exhibits” to be used in court against arrested suspects. This causes hardship and even damage to property.

Now by the Administration of Criminal Justice Act 2015, upon a request, a police officer has right to release any property recovered from an arrested suspect to the owner of such property or to any person that has interest on such property. Such property is to be released on bond (an undertaking to return such property where the need arises) until such arrested suspect is sent to court.

If police fails to release such property, then such police must make a report to the court stating information of the property recovered from the arrested suspect and the court can then order that such property be returned to its owners in the interest of justice, where necessary.

Note that where an arrested suspect is released and not charged to court for lack of evidence, any property recovered from such arrested suspect must be returned to him unless there is proof that such property is connected to crime.

References;

Sections 10(4)(5)(6)and 7 and 494 of the Administration of Criminal Justice Act, 2015 and other similar laws in states across Nigeria.

#CriminalJusticeMonday
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Can Police Release Recovered Property to its Owner even where it’s an Exhibit to be used in Court?

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This work is published under the free legal awareness project of Sabi Law Foundation (www.SabiLaw.org) funded by the law firm of Bezaleel Chambers International (www.BezaleelChambers.com). The writer was not paid or charged any publishing fee. You too can support the legal awareness projects and programs of Sabi Law Foundation by donating to us. Donate here and get our unique appreciation certificate or memento.

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Onyekachi Umah, Esq., LL.M, ACIArb(UK)

Onyekachi Umah is an exceptional Legal Practitioner, Arbitrator, Notary Public and Legal Awareness Expert with over a decade of experience in civil law, criminal law and human rights. He holds a Master of Laws; a Master of Business Administration (mini) and he is a doctoral candidate. Mr Umah is the Managing Partner of the law firm of Bezaleel Chambers International (BCI), where he consults and provides legal services to several national and international organisations, including the United Nations. Aside from his very engaging legal practice, Mr Umah runs a legal awareness organisation (Sabi Law Foundation) and he diligently publishes free daily law tips, every day on www.LearnNigerianLaws.com since 2017. He has published over 820 legal articles in diverse areas of law, delivered over 35 public lectures, anchored over 67 law radio/tv shows and supported several legal and developmental projects across Africa. Click to read more.

One Response

Yemi says:

October 12, 2021 at 1:26 am

Thank for this timely write up, Sir

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Can Police Release Recovered Property to its Owner even where it’s an Exhibit to be used in Court?

Onyekachi Umah, Esq., LL.M, ACIArb(UK)

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