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ABSTRACT
This study examines the power of the police to arrest under the Nigeria Criminal Justice System and the inherent Constitutional Rights of an accused (s). There are enacted legal principles such as the criminal justice in Nigeria which is divided into an organized parts.eg law enforcement agencies, the courts, prosecutors and penal institutions.
The research observes that Nigeria has a long way to go in terms of its law enforcement agencies which one of them is the police in exercise of their power to arrest and breach of inherent Constitutional rights and other Acts for an accused (s). However the implementation of the Administration of the Criminal Justice Act 2015 has brought in relief to accused persons (s) and protection of their rights when arrested or harassed by the police. Despite the implementation of the Administration of Criminal Justice Act of 2015 killings and harassment of police in exercising their duties is still on the high side. This research findings and recommendations were thus: introduction to emergence of Police, what is arrest, Police powers to arrest, elements of arrest, Warrant of arrest, excesses of police, Constitutional Rights, the rights provide under the Administration of the Criminal Act. To end this, mechanisms should be provided to curb this menace, such as the ACJ Act and domestication of international laws and sanctions of breach of Human Rights.
