The Police can search a person in Nigeria[1]. It provides that a police officer may detain and search any person whom he reasonably suspects of having in his possession or conveying in any matter anything which he has reason to believe to have been stolen or otherwise unlawfully obtained.
The test to be used to adjudge whether the action of a police officer was reasonable in conducting a search of a person is the same test used by courts to adjudge whether the conduct of the police officer was reasonable in effecting an arrest without a warrant of arrest. This is called the objective test i.e. whether a reasonable man would have conducted the search of the person in the circumstances.[2]
Whenever a person is arrested by a police officer or private person, the police officer may search the person upon arrest. The police officer may remove from the arrestee anything found on him other than necessary clothing.[3]
Any person arrested and detained in lawful custody may be subjected to a medical examination where such examination will afford evidence of the commission of an offence[4]. This may be as regards to persons suspected of concealing on their bodies hard drugs such as cocaine and heroin.
Officers are empowered to search any person reasonably suspected of carrying anything chargeable with duty with intent to evade payment of duty, or any person carrying any articles, the importation or exportation of which is prohibited, provided the person is within a customs area.[5]
[1] Section 25 of the Police Act 1967
[2] – Jackson v. Omorokuna (1981) 1 NCR 283; and Commissioner of Police v. Obolo (1989) 5 NWLR (Pt. 20) 130.
[3] section 6(1) of Criminal Procedure Act and section 44(2) of Criminal Procedure Code.
[4] section 6(6) of Criminal Procedure Act and section 127 of Criminal Procedure Code
[5] Section 150 of Customs and Excise Management Act 1958
My right to freedom of thought, conscience and religion (Introduction)
This right is very fundamental and inalienable. It is also considered among the oldest and most controversial rights provided for at the traditional, national and international settings.
Section 38 of the 1999 constitution provides:
Every person shall be entitled to freedom of thought, conscience and religion including freedom to change his religion or belief, and freedom (either alone or in community with others and in public or in private) to manifest and propagate his religion or belief in worship, teaching, practice and observance.
What is freedom of thought and conscience?
This right does not necessarily have to be based on a particular religion. An atheist or free-thinker can come under this head.[1]
[1] Kehinde M. Mowoe Constitutional Law in Nigeria 2008, Malthouse Law Book p. 427
My freedom of religion
Because of the highly subjective nature of religious belief, the courts have generally rejected the idea of an inquiry into the truth or falsity of beliefs claimed to be religious, stating that there is no heresy in law.[1]
Justice Ayoola of the Supreme Court of Nigeria while stating the scope of the right to freedom of thought, conscience and religion many years ago implied a right not to be prevented, without lawful justification, from choosing the course of one’s life, fashioned on what one believes in, and a right not to be coerced into acting contrary to one’s religious belief. The limits of these freedoms, as in all cases, are when they impinge on the rights of others or where they put the welfare of society or public health in jeopardy.[2]
[1] Church of the New Faith v. Commissioner of Pay Roll Tax (1983) 57 ALJR 785
[2] Medical and Dental Practitioners Disciplinary Tribunal v. Okonkwo (2001) 10 WRN 1 SC at 41
Do I have the right to change my religion or belief?
The constitution empowers anyone who so desire to change his/ her religion or belief. See section 38 of the 1999 Constitution
Can I manifest and propagate my religion?
Yes. Every citizen can propagate his/her religion which include the manifestation of religion in practice, worship, teaching and observance as including ceremonial acts, customs as the observance of dietary rights, the wearing of distinctive clothing, head coverings, the use of particular language customarily spoken by the group.[1]
Kindly note that the right to manifest religion would also cover issues such as dressing, mode of worship, and so on as long as it is not coercive and does not affect the rights of others.
[1] Article 18 of the International Covenant on Civil and Political Rights C.C PR/C/21/Rev:1Add 4 adopted July 20 1993, reprinted in HRLJ 15. (1994)
Can churches/mosques propagate religions by establishing schools?
Section 38(3) provides:
No religious community or denomination shall be prevented from providing religious instruction for pupils of that community or denomination in any place of education maintained wholly by that community or denomination.
Under the provision, religious institutions are empowered to give religious instructions in schools established by them, which indirectly empowers them to establish schools. The court so many years ago once declared unconstitutional a circular which purported to indicate that only public schools can operate in Lagos state.[1]
[1] Adewole v. Jakande (1981) 1 NCLR 262; See also Okogie (Arch Bishop) v. Attorney General Lagos State (1981) 1 NCLR
Since I have right to freedom of thought, religion and belief, why can’t I be a member of a secret society?
Membership of a secret court is criminalized in Nigeria.
Section38(4) provides:
Nothing in this section shall entitle any person to form, take part in or be a member of a secret society.
The implication of the provision above is that a secret society is not regarded as a religion and does not entitle a person to claim the freedom of thought, conscience or religion’s right.
My right to privacy (Introduction)
Privacy as a concept appears to encompass at least two different but related aspects. First it relates to the right of individuals to determine how much or what information about them is to be revealed to others. Second, it relates to the idea of autonomy, the freedom of individuals to perform or not perform certain acts or subject themselves to certain experiences.[1]
Section 37 of the 1999 Constitution provides;
The privacy of citizens, their homes, correspondence, telephone communications and telegraphic communications is hereby guaranteed and protected.
Aside citizens of Nigeria who are guaranteed the various aspects of rights listed above, Non-Nigerians residing lawfully in Nigeria can also claim protection but would have better claim under international and regional instruments (Conventions/Charters).
[1] Johnny H. Killian & Leland E. Beck, The Constitution of the United States of America, Analysis and Interpretation (United States Government Printing Office, Washington 1981) p. 1583-3
Stop and Search: is that not a violation to the privacy of the person?
The Police can search a person in Nigeria[1]. It provides that a police officer may detain and search any person whom he reasonably suspects of having in his possession or conveying in any matter anything which he has reason to believe to have been stolen or otherwise unlawfully obtained.
The test to be used to adjudge whether the action of a police officer was reasonable in conducting a search of a person is the same test used by courts to adjudge whether the conduct of the police officer was reasonable in effecting an arrest without a warrant of arrest. This is called the objective test i.e. whether a reasonable man would have conducted the search of the person in the circumstances.[2]
Whenever a person is arrested by a police officer or private person, the police officer may search the person upon arrest. The police officer may remove from the arrestee anything found on him other than necessary clothing.[3]
Any person arrested and detained in lawful custody may be subjected to a medical examination where such examination will afford evidence of the commission of an offence[4]. This may be as regards to persons suspected of concealing on their bodies hard drugs such as cocaine and heroin.
Officers are empowered to search any person reasonably suspected of carrying anything chargeable with duty with intent to evade payment of duty, or any person carrying any articles, the importation or exportation of which is prohibited, provided the person is within a customs area.[5]
[1] Section 25 of the Police Act 1967
[2] – Jackson v. Omorokuna (1981) 1 NCR 283; and Commissioner of Police v. Obolo (1989) 5 NWLR (Pt. 20) 130.
[3] section 6(1) of Criminal Procedure Act and section 44(2) of Criminal Procedure Code.
[4] section 6(6) of Criminal Procedure Act and section 127 of Criminal Procedure Code
[5] Section 150 of Customs and Excise Management Act 1958
Can a policeMAN search my wife’s body?
People have asked us this question severally live on our #KnowYourRightsNigeria weekly radio programme on UNILAG 103.1 FM. A woman can only be searched by another woman[1] and such search must be with strict regard to decency[2]. However it should be noted that this is as regards to her body only, for a man can search her bag, purse, etc. Also, there is no statutory provision that a man cannot be searched by a woman but what is in practice is that a man should be searched by a man (not a woman) with strict regard to decency.
[1] section 6(2) of Criminal Procedure Act and section 44(3) of Criminal Procedure Code (S.150(1)(b)(ii) Customs and Excise Management Act 1958),
[2] section 82 of Criminal Procedure Code