Chude Nnamdi, a influencer on X, posted a video of a police officer conducting a stop-and-search on Tuesday.

Nnamdi described the unnamed man who the police approached as a Canadian returnee. The returnee protests his singling out for a search.

Between the Nigerian Police and a Canadian Returnee.💀 pic.twitter.com/tsgE253oPJ— Chudé (@chude__) December 10, 2024

He asked the policeman why he wanted to search him. He also asked the policeman if the search had been borne out of suspicion. “Have I committed any crime?” the returnee inquired.

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The policeman stated that he could only establish a crime after searching the man.

“You have not committed any crime yet, until I search and see anything on you,” the policeman said.

After this, the man continued to ask if there was any form of suspicion that hinted at them to frisk him.

“All of a sudden you just called me out of the whole crowd. What was the reason? It has to be according to the law,” he protested.

In response to the video, Olumuyiwa Adejobi, the Police Public Relations Officer, said that the officers had not done anything wrong, and that the law permits them to search the man if they so wish.

Based on the video i saw here, the policemen have not done anything wrong. They have the right to search him if they wish to do so. The law permits it. The guy ought not to have been too harsh and aggressive. He can’t be harrassing the policemen. Can he do it abroad?? He should… https://t.co/6FSzjsI3Lx— Prince Olumuyiwa Adejobi (@Princemoye1) December 10, 2024

“Based on the video I saw here, the policemen have not done anything wrong. They have the right to search him if they wish to do so. The law permits it,” part of Adejobi’s response read.

CLAIM

The law allows policemen to stop and search anyone as they wish.

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VERIFICATION

In Nigeria, a very relevant law on the question of searches by police officers is the Nigeria Police Act (2020).

In Section 48 (A) of the Act, the powers of a policeman to search in a public place follow these guidelines:

(1) A police officer may detain and search any person or vehicle where:

(a) reasonable grounds for suspicion exist that the person being suspected is having in his possession; or conveying in any manner anything which he has reason to believe to have been stolen or otherwise unlawful obtained;

However, Subsection (b) of the Act states that there must be a reasonable suspicion before a search takes place, unlike Adejobi’s claim that it can occur based on an officer’s wishes.

(b) reasonable grounds for suspicion exist that such person or vehicle is carrying an unlawful article;

Subsection (c) also adds significantly to (a) and (b) that the search should be conducted when there is a suspicion that the person is carrying an “unlawful article”.

(c) reasonable grounds for suspicion exist that such person or vehicle is carrying an unlawful article;

Furthermore, in cases where the suspicion is not the sole inclination of a police officer, they must have received information that the person or vehicle to be searched is carrying an unlawful article.

(d) information has been received as to a description of an article being carried or of a suspected offender.

Subsection (e) also explains that a search may be necessary where the person to be searched is carrying the article at an unusual time or in a place where thefts or burglary has taken place in a recent time.

(e) a person is carrying a certain type of article at an unusual time or in a place where a number of burglaries or thefts are known to have taken place recently.

Section 50 also states the circumstances that should necessitate a search.

It explains that an officer should question the person’s behaviour which birthed the suspicion.

50 (1) Where a police officer is exercising the powers under section 51 of this Act, he shall before carrying out the search, question the person about his behaviour or his presence in circumstances which gave rise to the suspicion.

The policeman may also cease to proceed with the search if the person is able to provide a satisfactory explanation that renders the search unnecessary.

(2) If the person to be searched has a satisfactory explanation which makes a search unnecessary or other circumstances come to the attention of the police officer that make the search unnecessary, no search may take place.

Although the video in question could have been doctored or edited to cut off some parts that may provide more context to the necessity of the search, Adejobi’s response was based on this particular clip.

CONCLUSION

Adejobi’s claim that the law allows policemen to wishfully search a person is inconsistent with the provision of the Nigeria Police Act (2020).

VERDICT

Adejobi’s claim that the law allows policemen to search civilians just because they wish to do so is false.
The post FPRO Adejobi Makes False Claim About Laws, Police Search appeared first on Foundation For Investigative Journalism.