This call comes after the Nigerian Customs Service (NCS) recently seized three containers loaded with hard drugs worth N682 million, which were shipped into the country aboard vessels owned by Mediterranean Shipping Company (MSC) at the Tin Can Island Port, Lagos.
The Guardian learnt that the NPF has not been proactive in safeguarding the nation’s maritime domain, despite having a legal mandate under several frameworks that empower the police to conduct stop-and-search operations and arrest vessels.
These legal framework include the Nigerian Constitution (1999, as amended), the Police Act (2020), the Admiralty Jurisdiction Act (1991), and the Nigerian Maritime Administration and Safety Agency (NIMASA) Act (2007)
In a paper titled “The Legal Authority of the Nigeria Police Force to Stop and Search Vessels,” made available to The Guardian yesterday, the Anti-piracy Security Head of Trident Group America Inc., Oniye, emphasised that the NPF is legally equipped to stop and search vessels under Nigerian law to ensure maritime security and prevent illegal activities.
Oniye, who serves as the Dean of Faculty at City University in Cambodia and West Africa, referenced the 1999 Constitution as the overarching legal framework supporting these police operations.
He pointed specifically to Section 14(2)(b), which states that “the security and welfare of the people shall be the primary purpose of government,” thereby justifying police actions to maintain public order.
Additionally, Section 45 of the Constitution allows for the restriction of certain fundamental rights in the interest of public safety, further legitimising stop-and-search operations in maritime security contexts.
Oniye, who is also the President of the Merchant Seafarers Association of USA Inc. and Nigeria, discussed other legal frameworks, such as Section 4 of the Police Act (2020), which grants the NPF broad powers to prevent crime and maintain public order.
He further noted that Section 23 of the Act empowers police officers to stop, search, and detain any person, vehicle, or vessel on reasonable suspicion of criminal activities, such as smuggling, piracy, trafficking, and other maritime crimes.
Highlighting additional maritime laws, Oniye pointed to the Admiralty Jurisdiction Act (1991), which governs the arrest of vessels, and the NIMASA Act (2007), which reinforces the role of the NPF in ensuring compliance with both national and international maritime security regulations.
He explained that the NPF works alongside NIMASA to enforce these laws through stop-and-search operations.
However, Oniye cautioned that while the NPF has extensive legal authority, these powers must be exercised responsibly.
He stressed that any stop-and-search operation must be based on “reasonable suspicion” of criminal activity, and officers must properly identify themselves, explain the purpose of the search, and adhere to established procedures to prevent abuse and protect citizens’ rights.
