KNOW YOUR RIGHT

 

Note to the Lawpadi Network - January 10, 2023   Police Stop and Search - your rights In today's newsletter we will be discussing what should happen (based on the letter of the Law) when a police officer intends to conduct a stop and search.    Is it Legal?   Before we go into the full explanation, it is important to answer the first basic question - is stop and search legal? The answer is yes. The Nigerian Police Act 2020 gives police officers the power to arrest, detain, and search a person or vehicle when there are “reasonable grounds of suspicion” of an offence.   However, the Act specifically states that the following cannot be evidence of reasonable grounds of suspicion -  (a) personal attributes, including a person's colour, age, hairstyle or manner of dress; (b) previous conviction for possession of an unlawful article; or (c) stereotyped images of certain persons or groups as more likely to be committing offences.   How should the search be conducted?   Section 50 (4) of the act states that, “for any police officer to exercise the power to stop and search, he shall be in uniform or visibly wear a valid police identity card.   The Act also explains that before a police officer exercises the power to search a detained person or vehicle, he or she must provide his name and the name of the police station to which he is attached; the object of the search; and his grounds or authorisation for undertaking the search. What to do if you are stopped We always urge caution in any relation with security officials for your own safety. If you are stopped, you should follow the below steps: When you are stopped, make note of the officers' names Answer all their questions satisfactorily and do not antagonise them If upon answering their questions they request a search, tell them that you do not believe that they have reasonable grounds to request a search as you believe you have answered their questions satisfactorily If the officer insists, then comply, however, inform them that you will be raising a formal complaint of unlawful search of you and your property If officer proceeds with search, comply fully. After search is completed, you should either raise a formal complaint by following the process laid out here, or you may look to engage the services of a lawyer to make a formal complaint and potentially instigate a suit and claim compensation for unlawful search and harassment