NDLEA vs. Zinoleesky and Mohbad- Does the agency possess the right to arrest without a warrant?

What authority does the drug agency have in Nigeria?

Marlian Records signees Zinoleesky and Mohbad have been arrested by the National Drug Law Enforcement Agency (NDLEA) for alleged possession of hard drugs.

This incident took place during the early hours of Thursday morning, as they were raided and arrested “without a warrant” in their Lekki residence.

However, many have reacted to the manner and way with which the two singers were arrested, claiming the agency ought to have provided a search warrant to be able to carry out such operations.

From video footage regarding the incident that made rounds on Twitter this morning, the NDLEA has been accused of gaining access to their mansion by jumping over their fences and not following due protocol.

This has kept many people wondering whether the agency even has the authority to arrest an individual without a legal warrant. Yes or No? Answer will be discovered shortly, just follow through.

Can the NDLEA arrest without a search warrant?

The simple answer is yes! The agency has the right to arrest without a search warrant as stated in the NDLEA act.

According to Section 41 of the act, the NDLEA has the right to search any premises without a warrant. This act states “Any officer of the agency in the enforcement of the provisions of the Act may without a warrant, enter and search any land, building or carrier, including aircraft, vehicle or container or any other instrumentalities whatsoever which he has reason to believe is connected with the commission of an offence under this Act.”

The agency also has the authority to arrest anyone based on “reasonable suspicion”. Hence, if the agency suspects that you have committed a drug-related offence, they can arrest you.

This is stated in Section 41(b) (1) (i) of the act which states that “the NDLEA can arrest any person whom he has reason to believe has committed an offence under this act.”

Why were they arrested?

While speaking to the Daily Trust today, the agency’s Director of Media and Advocacy, Femi Babafemi said that they were arrested following a tip of drug possession.

He said, “Yes, they have been arrested because we had reliable information that they were in possession of drugs.

“We moved in on them and recovered drugs. That is why five of them were arrested; three males and two females.”

“When their house was searched, we found in their possession molly and cannabis. The investigation is still ongoing, but we have to trace where they are getting these substances from.”

What next for Zinoleesky and Mohbad?

While the two singers remain in custody, no official statement has been released by their record label Marlian Records, which is led by Naira Marley.

However, Naira Marley took to his official Instagram page to express his aggravation towards the situation. He wrote, “I’m so angry right now.”

What next for the NDLEA?

After news of the arrest broke out early this morning, the agency has received a lot of criticism from fans of the singers.

Although they have been arrested, the agency must charge them to court within 24 hours, else it becomes a violation of their fundamental human rights as stated by the 1999 Nigerian Constitution (Sec 35 (5)).