Don’t quote me anywhere but I’m pretty sure that an average Nigerian youth has had at least two police encounters in his/her life, before hitting the age of 30. Sadly, most of these encounters aren’t praiseworthy and it has become paramount to understand your rights while dealing with the police force. Welcome to class guys, today we are learning about all your essential rights during police encounters in Nigeria and what you need to know.
Firstly, let’s talk about SEARCHES; according to Section 49(2) of the Police Act, policemen have the right to search persons and vehicles, and this can be done whether or not they have a warrant. Does this make them all-powerful? No!, that section further provides for five instances where this power can be executed and they all boil down to the same thing; “reasonable suspicion,” either that the person is in possession of something stolen, or has committed an offence, or you are in a place where serious violence may take place or has taken place recently etc. So, the next time you get harassed for having dreads or holding an expensive phone, please remember that except if there are factual grounds for which they are suspicious, this section of the law is your best friend. Also, the test for reasonable suspicion is very objective and not subjective, so a policeman cannot be reasonably suspicious just because his guts told him so. But fear not guys, if he trusts his guts so much and actually touches you, he is liable in damages, so call your lawyer!
In those rare situations where a search is lawful, you must remember that you have the right to be searched by an officer of the same gender. The law is especially favourable when you are a lady about to be searched. However, if it’s your property that is being searched, or there is an urgency and no officer of the same gender is available, the search can be conducted by an officer of the opposite gender. In all things, decency is core guys.
Also, Section 50 of the Police Act states that before an officer searches you, he must question your behaviour or presence that has raised his suspicion and if your explanation is reasonable then he need not search you. Please, don’t out of fear subject yourself to a search without first getting the name of the officer, the name of his station, what he wants to search and his reasons for searching. Don’t go and fall into the hands of a random man in black who might end up being a criminal. Always make sure the officer is dressed in the appropriate uniform or has his valid police identity card. No lose guard o!
Now, I know your house is a personal space and this is rightfully so, hence, generally, no one should search your house without a warrant cause you have a constitutional right to privacy- Section 37 of the 1999 Constitution. However, there will be no need for a warrant if there’s already an arrest warrant for your head or there’s a kidnapped person on your premises etc. If you’re a drug lord, then you must know that NDLEA can burst into your house so far as its drug-related or if you’re an importer and exporter of goods under the radar; sleep with one eye open cause a custom officer can enter your house and search it.
Ethically, it is advised that you search an officer first, before allowing him/her to search you or your house, but unfortunately, this is not a legal requirement. However, guys, keep your eyes open and be careful, so they don’t miraculously find things that were never there, lol; also make sure that you see the warrant before they start searching your house.
For my beautiful women in purdah, fear not, an officer must give you enough time to withdraw before the search starts but if you’re the one they are looking for, then I’m sorry but they will search you too. This doesn’t mean you criminals can get away under this right o, don’t go and start purdah, because justice will always find you!
If you find yourself arrested, criminal or not, always remember that you have the right to be told what exactly your offence is unless of course you were caught in the act. Also, according to Section 35 (5) of the constitution, the officer must take you to a court within a 40km radius which has jurisdiction over the case, within twenty-four hours or forty-eight hours, or longer, as considered reasonable by the court. If you’re innocent and you’re sure o, then section 35 (6) is for you; it states that if you are unlawfully detained or arrested, you are entitled to a public apology and compensation. Fingers crossed guys lol.
Lastly, for all the bad belle people; if out of malice and not reasonable suspicion, you complain to the police and cause the search or arrest of an innocent person, your judgement is ready. If your complaint led to an arrest then you are liable for false imprisonment; if it led to a search of the person or his house, then you are liable for malicious procurement of a search warrant; if it led to prosecution and the person was acquitted, then you my friend are liable for malicious prosecution. Yes, I know they cheated on you but please think twice before setting up that ex of yours.
Above all, always remember to stay calm no matter how tense the situation might become. Never give them more reasons to escalate things. I know most times the officers can come off brash, and I know the Law isn’t as effective and protective as it should be, but while we await the change that our nation so desperately needs, let’s do all we can to stay alive and trouble-free.
On that note guys, everyone should have a copy of the constitution of Nigeria, so you can download yours right here- https://drive.google.com/file/d/0B1DAmtM1BcbMQkpZck1HbXRKelk/view?usp=sharing&resourcekey=0-vw3mztf2CXxNC1LefBTA0A and also, download the Police Act here- https://sabilaw.org/wp-content/uploads/2020/11/Police-Act-2020-1.pdf. You’re Welcome!
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Thanks…quite insightful and helpful.
You’re welcome!