By Oluwayanmife Ayobami
Recently, a young boy who wants to remain anonymous was harassed by the police on Ibadan express road on his way back from the university.
He is a 300 level student of Ekiti State university. During an interview with him, he explained that he did not know what to do at that moment, because he was scared.
The young boy did not sustain any injuries but he was emotionally harassed and his rights were infringed upon.
He did not understand if what the Nigerian police did to him was right or wrong. This young boy did not know his rights.
This article delves into the practice of “stop and search” by the Nigerian police, the legal framework behind it, and citizens’ rights in such situations.
Stop and Search in Nigeria: An Overview
Stop and search, also known as “stop and frisk,” is a law enforcement practice that allows police officers to stop and search individuals in public spaces when they have reasonable suspicion that the person may be involved in criminal activity. In Nigeria, this practice is governed by the Police Act and Regulations.
Reasonable Suspicion
One key element in the practice of stop and search is “reasonable suspicion.” Section 29 of The Police Act states that a police officer
‘…..may detain and search any person whom he reasonably suspects of having in his possession or conveying in any manner anything which he has reason to believe to have been stolen or otherwise unlawfully obtained.’
The Nigerian police must have a reasonable suspicion that a person is engaged in criminal activity before they can stop and search that individual.
Reasonable suspicion is a lower threshold than “probable cause,” which is used in more intrusive actions like arrests and searches of homes.
It is crucial to note that these guidelines are in place to prevent abuse of power and protect the rights of citizens.
Citizens’ Rights during Stop and Search
Citizens’ rights are protected during stop and search encounters with the police. It is essential to understand your rights in such situations to ensure that your dignity and privacy are respected.
- Right to Know the Reason: When stopped by the police, you have the right to know the reason for the stop. You can politely ask the officer why you are being stopped.
- Right to Identification: Police officers are required to identify themselves by name and rank when conducting a stop and search. You can ask the officer for their identification.
- Right to Record: You have the right to record the encounter, either through audio or video, as long as you do not interfere with the police officer’s duties.
- Right to a Witness: If you are uncomfortable with the stop and search, you can request the presence of a witness. This can be another police officer or a civilian.
- Right during Pat-Down Searches: In a stop and search encounter, police officers can perform pat-down searches for weapons. However, these searches should not involve undressing or invasive measures.
- Right to Respect and Dignity: Police officers are required to treat citizens with respect and dignity during stop and search. This includes avoiding any form of harassment, intimidation, or physical harm.
- Right to Legal Counsel: If the situation escalates, and you believe your rights are being violated, you have the right to legal counsel. You can contact a lawyer or inform the police that you want to speak with one.
Police officers are expected to conduct stop and search procedures in a professional and non-discriminatory manner. Citizens should not be targeted based on their ethnicity, religion, gender, or any other protected characteristic.
Can a Nigerian police search my phone, laptop, car or electronic device?
The police can check your phone, car or laptop, but they need a special permission called a “search warrant” to do that. If they don’t have this permission, checking your electronic devices is not allowed and is considered illegal.
While the Nigerian police have the authority to stop and search individuals based on reasonable suspicion, it is essential to understand citizens’ rights during such encounters.
Awareness of these rights, coupled with ongoing efforts to reform police procedures, can help ensure that stop and search practices are carried out in a fair and respectful manner, respecting the dignity and rights of all citizens. It is a shared responsibility of both law enforcement and the public to create a just and respectful society.
