Enugu Assembly bars security operatives from searching phones
14 February 2025 |
12:46 am
The Enugu State House of Assembly, yesterday, approved a motion urging it to prohibit security operatives in the state, particularly the police and officials from the Economic and Financial Crimes Commission (EFCC), from conducting random and indiscriminate searches of individuals’ phones.
The Enugu State House of Assembly, yesterday, approved a motion urging it to prohibit security operatives in the state, particularly the police and officials from the Economic and Financial Crimes Commission (EFCC), from conducting random and indiscriminate searches of individuals’ phones.
The motion, sponsored by the member representing Ezeagu Constituency, Chima Obieze, and five others, stated that the “growing trend of random and indiscriminate search of people’s phones by the Nigerian Police, Enugu State Command, and other security agencies in the state are in clear violation of Section 37 of the 1999 Constitution.”
He stated that the section guarantees the right to privacy, stressing: “The privacy of citizens, their homes, correspondence, telephone conversations and telegraphic communications is hereby guaranteed and protected.”
Obieze further reminded the House “that the Police Act and the Administration of Criminal Justice Act regulate police powers regarding searches and seizures, and that any search must be conducted by the law. He said: “It is thrice important that even in the enforcement of laws, the rights and dignity of citizens are not only observed but adequately protected.
“Section 7 of the Freedom of Information Act (FOIA) 2011 prohibits unauthorised access to personal information, stating that ‘A public institution shall not disclose personal information about an individual… unless the disclosure is necessary to comply with a legal obligation… or with the consent of the individual’.
“Section 19 of the Cybercrime (Prohibition, Prevention, etc.) Act 2015 also prohibits unauthorised access to computer systems or networks, including mobile phones, stating that ‘A person who intentionally accesses a computer system or network without authorisation… commits an offence.”
Obieze stated that the Police Act and the Nigeria Police Force regulations do not explicitly authorise the police to invade citizens’ privacy by searching their phones without a warrant or consent.
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