By Okechukwu Nwanguma
When the spokesperson of the Delta State Police Command, SP Bright Edafe, recently declared that operatives of the Nigeria Police Force (NPF) do not need a warrant to conduct random searches, many Nigerians were understandably alarmed.
Such a sweeping statement, if left unchallenged, risks deepening a culture of arbitrary policing and further eroding public trust in a Force already burdened with credibility crises.
The truth is more nuanced. While the Nigeria Police Act, 2020 and other statutes empower police officers to conduct searches in certain circumstances, those powers are not unlimited. They must be exercised strictly within the confines of the Constitution, the Police Act, and the Administration of Criminal Justice Act (ACJA). To claim that the police can, without warrant or suspicion, conduct random searches of citizens is both misleading and legally unsustainable.
What the Law Actually Says
The 1999 Constitution (as amended) guarantees the right to privacy (Section 37) and the dignity of the human person (Section 34). Arbitrary stop-and-search operations, if not backed by reasonable suspicion or lawful authority, directly violate these protections.
The Police Act, 2020, particularly Sections 1(2), 4, and 38, empowers the police to prevent and detect crime. Yes, officers may conduct stop-and-search operations. But the law is clear: such actions must be based on reasonable suspicion—not whim, convenience, or extortion.
The Administration of Criminal Justice Act (2015) also reinforces that searches of homes and private property require a warrant issued by a magistrate or judge, except in very limited emergencies where delay would defeat the purpose of the search.
Nowhere in these laws is the concept of random, suspicionless searches endorsed.
The Dangers of “Random Searches”
In practice, what the police call “random searches” often degenerates into harassment, extortion, and abuse. Nigerians are familiar with the sight of officers stopping vehicles, demanding drivers’ phones, rifling through personal belongings, or insisting on “settlement” before allowing people to continue their journeys.
This is not policing; it is predation. It erodes citizens’ dignity, breeds resentment, and undermines the very trust that effective policing requires. Worse still, it normalizes impunity—encouraging officers to act as though the law begins and ends with their discretion.
Court Judgments and Police Impunity
Both Nigerian courts and the ECOWAS Court of Justice have repeatedly warned against such arbitrary practices. The ECOWAS Court, in particular, has held that indiscriminate stop-and-search operations violate fundamental rights where not grounded in reasonable suspicion. Yet, the Nigerian police continue to ignore these rulings, deepening the culture of disobedience to court orders and international obligations.
Why This Matters
A police spokesperson’s words carry weight. When an officer like SP Bright Edafe tells the public that the police need no warrant for random searches, he effectively authorises lawlessness. He emboldens officers on the streets to disregard the Constitution, and he misinforms citizens about their rights. This is unacceptable in a constitutional democracy.
The Way Forward
If the Nigeria Police Force is serious about reform and rebuilding public trust under the Police Act, it must:
1. Retract misleading statements and clarify to officers and the public that searches must be grounded in reasonable suspicion or lawful warrants.
2. Train police personnel on human rights and constitutional limits to their powers.
3. Comply with court judgments—both domestic and regional—that have struck down arbitrary policing practices.
4. Educate citizens about their rights during police encounters, rather than encouraging blind submission to illegality.
Conclusion
The police are a creation of the law; they cannot place themselves above it. Random, suspicionless searches have no place in a democracy governed by a Constitution. What Nigeria needs are not blanket authorisations for abuse, but a disciplined, rights-respecting police service that understands its powers and their limits.
Anything less is an invitation to anarchy and a betrayal of the very citizens the police are sworn to protect.
Mr Okechukwu Nwanguma, Executive Director, Rule of Law and Accountability Advocacy Centre, Rulaac
