Introduction
“Officer, what did I do wrong?” is a question countless Nigerians have asked when flagged down at checkpoints or stopped on the streets. In Nigeria today, stop and search operations—especially by the police and other security agencies—are a routine part of law enforcement. However, while these operations are intended to prevent crime and maintain order, they are often marred by arbitrariness, abuse, extortion, and grave human rights violations.
This article examines the legal framework governing stop and search in Nigeria, the constitutional limits of such powers, judicial attitudes, and the controversial practice of searching mobile devices and laptops without a warrant.
Legal Basis for Stop and Search
The power to stop and search individuals or vehicles in Nigeria primarily derives from Section 38 of the Police Act, 2020, which allows a police officer to search a person, vehicle, or premises if there is “reasonable suspicion” that a crime has been committed or is about to be committed.
This is supported by related provisions in:
- The Constitution of the Federal Republic of Nigeria, 1999 (as amended) – especially Sections 34 (dignity), 35 (liberty), and 37 (privacy).
- The Administration of Criminal Justice Act (ACJA), 2015 – which lays down procedures to ensure due process in arrest and search.
- The Firearms Act and NDLEA Act, which empower specific agencies to act on drug and arms-related offences.
However, no law permits indiscriminate or random stops without probable cause. The requirement of “reasonable suspicion” is not a mere formality; it is a constitutional safeguard against arbitrary power.
Common Abuses and Real-Life Cases
Despite these legal provisions, the reality on Nigerian roads tells a different story.
- Extortion and Profiling
In 2020, during the height of the #EndSARS protests, thousands of young Nigerians took to the streets to protest police brutality. A recurring complaint was the harassment of youths—particularly those with laptops, dreadlocks, tattoos, or iPhones—who were often profiled as “Yahoo boys” (internet fraudsters), arrested, and extorted. - Unlawful Search of Phones and Laptops
The searching of mobile phones or laptops without a warrant has become a deeply controversial practice. Officers often demand that individuals hand over their phones for inspection, without any judicial authorization or complaint.
This directly violates Section 37 of the Constitution, which guarantees every Nigerian’s right to privacy of their correspondence, telephone conversations, and electronic devices.
In Suit No. FHC/L/CS/1497/2017 – Digital Rights Lawyers Initiative v. Nigerian Police Force, the Federal High Court held that searching a person’s phone without a warrant constitutes a violation of the right to privacy. The court emphasized that the mere possession of a smartphone or laptop is not evidence of crime and cannot justify arbitrary search or detention.
- Judicial Condemnation of Arbitrary Practices
In Okoroafor v. Lagos State Government & Ors (2016), the Lagos State High Court condemned the arbitrary arrest and detention of a man who was stopped during a police patrol without cause. The court awarded damages for unlawful detention, affirming that liberty is not a privilege but a right protected by law. - Use of Force and Intimidation
In cities like Port Harcourt and Enugu, reports abound of security operatives forcing passengers out of commercial vehicles, demanding bribes, and threatening detention. In many cases, receipts are not issued for seized items, and searches are conducted in secluded locations—clearly violating both procedural and ethical standards.
Legal Requirements and Limitations
To conduct a lawful stop and search, security agents must:
- Have reasonable suspicion based on factual evidence or intelligence.
- Introduce themselves and provide a clear explanation for the stop.
- Not compel the unlocking of a person’s mobile device without a warrant.
- Issue a receipt for any item seized.
- Refrain from physical abuse, coercion, or extortion.
The Police Act 2020 and ACJA are clear: the power to stop does not extend to the power to abuse.
Rights of Citizens During Stop and Search
Every citizen should know these:
- You have the right to ask for identification of any officer attempting to search you.
- You have the right to refuse access to your phone or laptop unless there is a valid warrant.
- You should demand a receipt for any seized item.
- You can record the interaction, as long as it does not interfere with the officer’s lawful duties.
Calls for Reform and Institutional Response
Following the #EndSARS protests, the Federal Government promised reforms, and the Police Complaints Response Unit (CRU) was reinvigorated. However, implementation has been slow and superficial.
The National Human Rights Commission (NHRC) continues to receive complaints of stop-and-search-related abuses, suggesting that a change in law enforcement culture is more important than a change in law.
Conclusion
While the need for security in Nigeria is undeniable, security must never come at the cost of civil liberties. Stop and search, when conducted lawfully and professionally, can help prevent crime and maintain order. But when abused, it becomes a tool of oppression, extortion, and public distrust.
There is an urgent need to:
- Train officers on citizens’ rights.
- Enforce accountability through independent complaint mechanisms.
- Ensure judicial enforcement of privacy rights.
- And most importantly, educate citizens on how to assert their rights respectfully and safely.
Until then, the Nigerian street will continue to be a contested space between power and liberty.
Top of Form
Bottom of Form