TRESPASS BY THE POLICE

Good morning, friends.
Sometime ago in the south eastern part of Nigeria, a team of five police officers barged onto the premises of a business man claiming that they had come to carry out a search order on the premises.The man politely asked them to produce a search warrant to that effect.The police officers ignored his request and pushed him aside to gain further access onto the premises to conduct the search.Although nothing was damaged in the process of the search, does the owner of the premises, who is now aggrieved by the conduct of the police officers, have any remedy in law?

THE LEGAL POSITION
First, the owner of the premises in the above scenario was entitled to request for a search warrant from the police officers and they had to produce it before entering the premises.Except in cases of emergency or exigency,It is unlawful for a police officer  to forcefully enter a house or building to carry out a search without a search warrant or, in the absence of a search warrant, without the permission or consent of the owner of the building.A police officer in breach of this rule is liable for trespass.

Therefore, in the above scenario, the owner of the premises can sue the erring police officers for trespass claiming damages.

Thank you.

See you tomorrow.