Searching phones without warrant unlawful, Police tell personnel

The Plateau State Police Command recently issued a stern warning to its personnel, reiterating the illegality of searching citizens' mobile phones without a valid court warrant. This directive underscores the constitutional right to privacy enshrined in the Nigerian Constitution and aligns with provisions of the Administration of Criminal Justice Act 2015 and the Police Act 2020. The move aims to curb persistent complaints of police misconduct and arbitrary searches, reinforcing the principle that digital devices, as extensions of personal privacy, are protected from unwarranted intrusion. This article examines the legal framework governing search and seizure of digital devices in Nigeria and its implications for legal practitioners and citizens alike.

The recent directive from the Plateau State Police Command, cautioning its personnel against the unlawful practice of searching citizens' mobile phones without a warrant, marks a significant reinforcement of fundamental human rights in Nigeria. This warning, reported by Vanguard Nigeria, comes amidst widespread public outcry and persistent complaints regarding arbitrary stops, searches, and seizures of personal electronic devices by law enforcement agents across the country. The Command's stance is a crucial reminder to police officers of their professional and legal boundaries, particularly concerning the privacy of digital communications and data.

This development is not merely an internal disciplinary measure but a reaffirmation of established legal principles designed to protect citizens from unwarranted state intrusion. Mobile phones, in modern society, are repositories of vast amounts of personal and sensitive information, making their indiscriminate search a profound violation of privacy. This article will delve into the constitutional and statutory provisions that prohibit such warrantless searches, analyze relevant judicial pronouncements, and discuss the implications of these legal safeguards for both law enforcement agencies and legal practitioners in Nigeria.

The right to privacy is a cornerstone of fundamental human rights in Nigeria, explicitly guaranteed by Section 37 of the 1999 Constitution of the Federal Republic of Nigeria (as amended). This section unequivocally protects the privacy of citizens, their homes, correspondence, telephone conversations, and telegraphic communications. This constitutional provision forms the bedrock against arbitrary intrusion into an individual's personal life, including their digital footprint.

Further legislative frameworks reinforce this protection. The Administration of Criminal Justice Act (ACJA) 2015, enacted to promote efficient criminal justice administration and protect the rights of suspects, outlines detailed procedures for search and seizure, generally requiring a court warrant. Similarly, the Police Act 2020, which repealed the earlier Police Act Cap. P19, Laws of the Federation, 2004, also contains provisions governing police powers of search. While Section 29 of the Police Act 2020 permits an officer to stop, detain, and search a person reasonably suspected of possessing stolen or unlawfully obtained property, this power is not absolute and does not extend to arbitrary searches of digital devices without a warrant. Historically, despite these legal safeguards, there have been numerous reports of police officers engaging in indiscriminate phone searches, often under the pretext of combating cybercrime, leading to widespread public discontent and human rights abuses.

The legal position in Nigeria is clear: police officers generally require a warrant to search a citizen's mobile phone. Section 37 of the 1999 Constitution, by guaranteeing the privacy of 'telephone conversations and telegraphic communications,' implicitly extends protection to the digital content stored on mobile devices. This constitutional right means that any search of a phone without a valid warrant constitutes an illegal invasion and a violation of the citizen's right to privacy.

The Administration of Criminal Justice Act 2015 (ACJA) provides the procedural framework for obtaining search warrants. Section 143 of the ACJA stipulates that a police officer may apply to a court or a justice of the peace for a search warrant when conducting an investigation. The Police Act 2020 further details search warrant safeguards in Sections 58 and 59, emphasizing due process. While the Police Act 2020, Section 29, allows for searches based on 'reasonable suspicion' of stolen or unlawfully obtained items, this provision has been consistently interpreted by legal experts and police authorities themselves as not granting a blanket right to search digital devices without a specific warrant.

Nigerian courts have increasingly affirmed these protections. Although there is no direct Supreme Court ruling in Nigeria specifically on warrantless phone searches, the Federal High Court in *Sowore v DSS (2021)* ordered the return of unlawfully seized phones and awarded damages, highlighting judicial intolerance for arbitrary seizures. Similarly, an Oyo State High Court in 2025 declared the mandatory seizure of visitors' phones at EFCC offices unlawful, signaling a judicial trend towards scrutinizing blanket device-forfeiture policies. These rulings align with international best practices, such as the unanimous 2014 US Supreme Court decision that police generally need a warrant to search cell phones incident to arrest, recognizing the unique privacy implications of digital devices.

A critical aspect for legal practitioners is the admissibility of evidence obtained from unlawful phone searches. Unlike jurisdictions like the United States, where the 'fruit of the poisonous tree' doctrine often excludes illegally obtained evidence, Nigerian law has historically admitted such evidence if it is relevant to the matters in issue, regardless of how it was obtained. However, Sections 14 and 15 of the Evidence Act 2011 introduce a discretionary power for courts to exclude evidence if the desirability of admitting it is outweighed by the undesirability of the manner in which it was obtained. This provides an avenue for challenging the admissibility of evidence derived from unlawful phone searches. While exceptions to the warrant rule exist, such as exigent circumstances (e.g., immediate danger, risk of evidence destruction) or consent, these are narrowly construed and, for digital devices, typically still require a warrant for detailed forensic analysis after initial seizure. The recent directives from the Nigeria Police Force, including the Inspector-General of Police, consistently reiterate that officers are only authorized to search electronic devices with a valid warrant and when linked to an ongoing investigation, explicitly prohibiting roadside searches.

The directive from the Plateau State Police Command serves as a vital reminder of the constitutional and statutory protections afforded to Nigerian citizens regarding their digital privacy. For legal practitioners, this reinforces the imperative to educate clients on their rights, particularly the right to refuse warrantless phone searches and to demand a warrant. It also provides a stronger basis for challenging the legality of evidence obtained through such unlawful means, leveraging Section 37 of the Constitution, the ACJA 2015, the Police Act 2020, and the discretionary powers under the Evidence Act 2011.

Practitioners should remain vigilant in monitoring the enforcement of these directives and be prepared to litigate cases involving violations of digital privacy. While the historical stance on the admissibility of illegally obtained evidence in Nigeria has been permissive, the increasing judicial scrutiny and internal police warnings suggest a growing recognition of the need to uphold due process. The ongoing efforts by the police hierarchy to curb misconduct are commendable, but sustained advocacy and judicial enforcement will be crucial to ensure that the fundamental right to privacy is consistently respected in practice. This development signals a positive step towards greater police accountability and the protection of civil liberties in Nigeria.