Stop and search by men of the Nigerian Police has been a source of contention for many Nigerians over time with diverse opinions shared on the legality of the act. The truth however is that stop and search is legal and backed by law.
The Nigeria Police Force (Establishment) Act, 2020, which came into force on September 17, 2020 and consequently repealed the Police Act of 2004 made legal provisions for many police activities including stop and search which before this law was provided for in Section 29 of the former Act that provides 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.”
This was however extended in the new Act to align with best global practice and reduce violation of people’s rights. Indeed, Section 49 of the new Act provides that the police have the right to exercise the power to stop and search a person or vehicle when there is a reasonable suspicion that a person or vehicle is having in his possession or conveying in any manner anything which he has reason to believe to have been stolen or otherwise unlawfully obtained; or carrying an unlawful or stolen article; or that an incident involving serious violence may take place within the locality; or carrying a certain type of article at an unusual time.
Such a search may take place at any public place or any other place where the public has access provided it is not a private residence but it however puts a caveat, before carrying out the search, the police officer, who must be in uniform or wear visibly a valid Police Identity Card, must tell the person to be searched his name and the name of the police station to which he is attached, the essence of the search and his reasons for undertaking the search and then proceed to ask questions about the person’s behaviour, where the person to be searched gives a satisfactory explanation, the search may not take place
Also, if there is still going to be a search, reasonable effort must be taken to minimise the embarrassment that the person being searched or whose property is being searched, may get. Therefore, the search does not include the power to ask a person to remove his clothing in the public but if there is a need to conduct a more thorough search, it must not be in public view and must be by an officer of the same sex as the person being searched.
In the course of the search, a prohibited article such as an offensive weapon or stolen property may be seized and in the case of unlawful search, comply fully, then raise a formal complaint.
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