The power of the police to conduct searches is a critical aspect of law enforcement, aimed at maintaining public safety and order. While conducting searches law enforcement officers are able to discover illegal and contraband items, searches also provide opportunity to discover evidence of a crime or items linked to the commission of a crime. Searches can also lead to seizure and confiscation of such items.
In conducting a search, it is essential that law enforcement officers adhere to the provisions of the law. It is important that when conducting searches the rights of individuals are not infringed on. For instance, in the case of Enyinnaya V. State (2014) LPELR 22924 (CA), the Court of Appeal held that “The invasion of the house of the native doctor (Chibuike) is unlawful as it violates his fundamental human right to the privacy of his person and his home guaranteed him by Section 37 of the 1999 Constitution of Nigeria. The only permitted derogation from this right is one provided for in a law in the interest of defence, public safety, public order, public morality or public health, or for the purpose of protecting the rights and freedom of other persons as required by Section 45(1) of the same 1999 Constitution of Nigeria.”
The Court in Ojoma V. State (2014) LPELR-22942(CA) also held that “a search involves police actions designed to find, ascertain or recover evidence of crimes and sometimes arrest of fleeing suspects of crime. Common targets of searches include homes, documents, effects and persons suspected of criminal involvement. By virtue of S. 37 and 45(1) of the 1999 Constitution a search cannot lawfully be done unless there is a law permitting that it be done. So any police crime prevention action in the form of a search that is not permitted by a law is unconstitutional.”
The authority and powers of law enforcement agencies including the police to conduct a search is governed by various legal provisions, primarily the Nigerian Constitution and the Police Act, 2020.
Constitutional Provisions
The Nigerian Constitution establishes the Nigeria Police Force and makes provision for its powers and duties. Section 214 of the 1999 Constitution establishes the Nigeria Police Force and outlines its responsibilities, including the prevention and detection of crime, the apprehension of offenders, and the preservation of law and order.
The Police Act, 2020
The Police Act, 2020, provides the regulatory framework for police operations in Nigeria. It grants the police extensive powers in crime detection, prevention, and investigation, including the authority to conduct searches. Key sections of the Act relevant to police searches include:
- Section 49: This section allows police officers to detain and search any person reasonably suspected of possessing stolen or unlawfully obtained items.
- Section 50: This section outlines the conditions under which police officers can conduct a search. It provides that the officers must provide their name, the name of their police station, the object of the search, and the grounds for the search. It also states that they can question the behavior that led to the search. Police officers must also be in uniform or display an identification card.
- Section 51: This section of the Act provides the need to minimize embarrassment during searches and defines “reasonable grounds for suspicion” as a prerequisite for conducting a search. It explicitly states that personal attributes such as color, age, hairstyle, or manner of dress cannot be used as grounds for suspicion.
In practice, these legal provisions mean that while the police have the authority to conduct searches, they must do so within the bounds of the law. Officers are required to follow due process, ensuring that searches are conducted fairly and transparently. Failure to comply with these legal requirements can render a search illegal, and the officer may be held professionally and criminally liable.
Citizens also have rights during police searches. They can request the officer’s identification and the reason for the search. If a search is conducted without proper adherence to the legal requirements, citizens can lodge complaints with higher police authorities or seek legal redress.
The power of the police to conduct searches is a vital tool for maintaining law and order in Nigeria. However, it is equally important that these powers are exercised within the legal framework to protect the rights of citizens and ensure justice. The Police Act, 2020, provides clear guidelines to balance the need for effective law enforcement with the protection of individual rights.
It is important to note that other law enforcement agencies such as the NDLEA and EFCC also have statutory powers to conduct searches as provided for in their enabling Acts.
AOC