CAN ONE BE PUNISHED FOR THE OFFENCE OF ANOTHER? (CONTINUATION)

Good afternoon, friends.
Upon a careful review of yesterday's post, I discovered that the most relevant title for the post should be 'CAN ONE BE ARRESTED FOR THE OFFENCE OF ANOTHER?' since it is all about arrest and not punishment really. So, readers should take note.

As a follow up on that post, I shall now address the question whether or not it was lawful for the police  officers to arrest the parents of the suspect in the scenario in place of their son who had absconded.

THE LEGAL POSITION
First, it is instructive to note that police arrest is, in most cases, the first step towards investigation into a crime. However, the law regulates the police enormous power of arrest so as to strike a balance between the individual's right to freedom and the overall interest of the entire public security wise. For economy of space, let me go straight to the provision of the law that applies to the scenario at hand.

The law that readily comes to mind is section 10 (1)(c) of the Criminal Procedure Act Cap. C41 Vol. 4, Laws of the Federation of Nigeria (2004). By virtue of this provision of the law, the police may, without a warrant of arrest, arrest any person who obstructs a police officer in the execution of his duty.

From the above provision, the only thing that could justify the arrest in our scenario was if the police had reasonable grounds  to suspect that the parents of the criminal suspect had a hand in their son's being at large.If that was the case, it would be lawful for the police officers to arrest the parents not for the alleged offence of their son but for reasonably suspecting them to obstruct the police officers in the execution of their duty of arrest.It should further be noted that this kind of arrest is arrest without a warrant.

Thank you for your attention.

See you tomorrow.