Introduction
Stop and search is a law-enforcement practice that allows security agencies—particularly the Nigeria Police Force—to stop individuals and search their persons, vehicles, or belongings. This power is intended to support crime prevention and public safety.
However, in Nigeria, stop-and-search operations have often been criticised due to allegations of harassment, extortion, unlawful detention, and other human rights violations. These abuses have contributed to public distrust and growing concerns about policing standards.
This article explains the legal framework governing stop and search in Nigeria, outlines what the law permits, identifies what qualifies as abuse, and highlights the rights of citizens during stop-and-search encounters.
Legal Basis for Stop and Search in Nigeria
The power of stop and search in Nigeria is not unlimited. It is derived mainly from:
- The Constitution of the Federal Republic of Nigeria, 1999 (as amended)
- The Police Act, 2020
- The Administration of Criminal Justice Act (ACJA), 2015 and corresponding State laws
1. Constitutional Provisions
The 1999 Constitution guarantees fundamental rights that must be respected during any stop-and-search operation:
- Section 37 protects the right to privacy
- Section 41 guarantees freedom of movement
This means any stop and search must be lawful, reasonable, and justifiable within the limits of the law.
2. Police Act, 2020
Under the Police Act, officers may stop and search a person or vehicle only where there is reasonable suspicion that:
- An offence has been committed or is about to be committed; or
- The person is in possession of stolen or illegal items, arms, or other incriminating materials.
In other words, random or arbitrary searches without reasonable suspicion are not supported by law.
What Is Legal During Stop and Search in Nigeria?
A stop and search is generally lawful when the following conditions are present:
1. Reasonable Suspicion
A police officer must have a factual and objective basis for suspecting criminal activity.
Importantly, factors such as a person’s appearance, phone type, tattoos, or perceived lifestyle do not automatically amount to reasonable suspicion.
2. Proper Identification by the Officer
An officer should identify themselves as a police officer and, where possible, present a valid means of identification.
3. Professional and Respectful Conduct
The search must be conducted in a professional manner—without intimidation, threats, harassment, or humiliation.
4. Limited Scope of Search
Searches must be limited to what is necessary to address the suspected offence. It must not be used as a fishing expedition to pry into private matters without legal basis.
5. No Extortion or Coercion
Any form of demand for money, forced bank transfers, or coercion to “settle” on the spot is unlawful. Likewise, compelling citizens to unlock phones or disclose passwords without lawful justification may amount to a violation of fundamental rights.
What Amounts to Abuse of Stop-and-Search Powers?
Stop and search becomes unlawful and abusive when it involves any of the following:
- Stopping individuals without reasonable suspicion
- Profiling based on appearance, phones, tattoos, or social status
- Forcing access to private phones, emails, or social media accounts
- Physical assault, verbal abuse, or intimidation
- Detention without lawful grounds
- Extortion, bribery, or unlawful financial demands
These actions may violate constitutional rights and can expose officers and agencies to civil liability and criminal consequences.
Rights of Citizens During Stop and Search
Every citizen has enforceable rights during a stop-and-search encounter, including:
- The right to ask why they are being stopped
- The right to refuse unlawful searches
- The right not to be assaulted, tortured, or threatened
- The right to remain silent, except where the law provides otherwise
- The right to legal representation if arrested or detained
It is important to note that a lawful stop does not automatically justify an arrest. Arrest must be based on lawful grounds.
Remedies for Abuse of Stop and Search in Nigeria
Where a citizen’s rights are violated during stop and search, the following remedies may be available:
- Reporting to senior police authorities or the Police Complaint Response Unit (PCRU)
- Filing a fundamental rights enforcement action in court
- Civil claims for damages
- Criminal complaints where assault, extortion, or unlawful detention is involved
Conclusion
Stop and search remains a legitimate policing tool when exercised within the limits of the law. However, abuse of stop-and-search powers undermines public confidence, violates human rights, and weakens the rule of law.
For effective policing and a safer society, law enforcement agencies must respect constitutional boundaries, while citizens must remain informed about their rights and responsibilities.
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