EFFECTING ARRESTS BY PEACE AND POLICE OFFICERS.

UNDERSTANDING THE ACT OF USING CUFFS AND FORCE IN EFFECTING ARRESTS.

The CRIMINAL CODE: SECTION 271 States: When a peace officer or police officer is proceeding lawfully to arrest, with or without warrant, a person for an offence which is a felony, and is such that the offender may be arrested without warrant, and the person sought to be arrested takes to flight in order to avoid arrest, it is lawful for the peace officer or police officer and for any person lawfully assisting him, to use such force as may be reasonably necessary to prevent the escape of the person sought to be arrested, and, if the offence is such that the offender may be punished with death or with imprisonment for seven years or more, may kill him if he cannot by any means otherwise be arrested.

It is true that Police officers make Arrests, but how true is it that they must cuff up these persons they want to arrest?
Now, 271 has made it an option to forcefully arrest an accused person, but it has also given the clear situation in which this force may be used.
The Nigerian Police officers pay less attention to this section of the Criminal Code. They tend to cuff/use force on anyone they want to arrest. Question is Why?
A question put out to them, will always have the answer that such accused person wants to run away, even when such person is so old that he/she can barely walk, let alone run. This leaves us wondering if they are just acting beyond their scope.

Furthermore, the Section started off with the word FELONY.
A Police officer called upon to arrest someone who hasn't paid his rent, or someone who is owing another, will use both force and cuff on the said person.
SINCE WHEN DOES NOT BEING ABLE TO PAY RENT A FELONY?

It is surprising and unwarranted, that a Police Officer would move to such extend, all in a bid to effect an arrest.
Knowing what the Law says, is different from understanding it, and a Police Officer is deemed to not only know the Law, but should be able to understand it.

Cuffs and force are meant to be used if and only if the said accused person wants to avoid being arrested, not because you were paid to do so. Not because you think you have the power to do so.

P. C. Benneth (Esq.)

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