Can Law Enforcement Agents Break Into Homes at Night to Arrest Suspects?”

The tragic death of Halisu Sahabi, an official of the Economic and Financial Crimes Commission (EFCC), has set social media ablaze. Everyone is talking about the commission’s style of operations and whether law enforcement has the right to break into homes at night. Let’s dive in and break it all down in plain terms. On January 17, 2025, Halisu Sahabi was killed during a mission to arrest a suspected internet fraudster, Joshua Chukwubueze Ikechukwu, in Ifite, Awka, Anambra State. Here’s the twist: Ikechukwu spotted the EFCC team on his CCTV and refused to open his door. Instead, he reportedly fired shots, killing Sahabi.

Before the EFCC released its side of the story, online chatter painted Ikechukwu as a medical doctor with a licensed gun. But hold up, the Nigerian Medical Association (NMA) squashed that claim. Turns out, he isn’t a doctor after all.

Now, here’s where things get even messier. Rumours say the EFCC team barged into his apartment at night without a warrant. This stirred up some heated arguments online about whether Ikechukwu had the right to defend himself.

Let’s backtrack to November 2023. The EFCC Chairman, Ola Olukoyede, stopped nighttime sting operations. The agency issued a statement titled, “EFCC bans sting operations at night.” So, why was Sahabi’s team out at night, ignoring their rule? Good question!

This is why many Nigerians are furious. They say breaking into homes or university hostels at odd hours, with or without ID, feels more like armed robbery than law enforcement. And honestly, can you blame them? Nobody wants to wake up to strangers crashing into their space in the middle of the night. This whole situation has lawyers split. Some think the EFCC is stepping way out of line. Others believe they’re within their rights, but only if they follow proper procedures.

Take Chinalu Emmanuel, a criminal defence lawyer. He says law enforcement can arrest anyone, anytime, but only after proper investigations. “You can’t rely on random raids,” he explains. “That’s how you end up violating innocent people’s rights.” And honestly, he’s got a point.

Then there’s Ridwan Oke, a commercial lawyer, who quoted the Attorney-General of the Federation, Lateef Fagbemi. In 2023, Fagbemi clarified: “Investigate first, then invite the accused. Don’t make a big scene and claim you’re investigating after the fact.”

Here’s a spicy idea Oke threw out: Nigeria needs to adopt the “Poisonous Tree Doctrine.” What’s that? It’s a legal principle that says any evidence obtained illegally can’t be used in court. If this were a thing, agencies like the EFCC would think twice before pulling stunts. Okay, let’s get technical for a second. The Nigerian Criminal Procedure Act has a section (Section 12) that allows law enforcement agents to search places where suspects are hiding. Basically:

Law enforcement can demand entry if a suspect is hiding in a house.

They can break down doors or windows to get in if denied access, but only after identifying themselves and stating their purpose.

Yup, you read that right. The law says they can do it. But just because they can doesn’t mean it’s always the most brilliant move, especially when public trust is already shaky. This case is about more than Ikechukwu or Sahabi. It’s about trust. Nigerians are tired of feeling like suspects in their own homes. When law enforcement agents barge in at odd hours, the line between protecting and harassing citizens blurs.

Sure, the EFCC is vowing to prosecute Ikechukwu. But the bigger question is: why did Sahabi’s team ignore their own rule about nighttime operations? Until the EFCC addresses this, the public’s doubts will only grow.

My Take
If the EFCC wants to win back trust, they must stick to the rules. Follow due process. Conduct proper investigations. And for goodness’ sake, don’t raid people’s homes in the dead of night unless it’s a life-or-death emergency.