ENUGU HOUSE OF ASSEMBLY BANS POLICE FROM SEARCHING PEOPLE'S PHONES

 

Enugu House of Assembly Approves Motion Stopping Police, EFCC from Random, Indiscriminate Phone Searches

On Thursday, the Enugu State House of Assembly approved a motion urging it to  prohibite 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 Rt. Hon Chima Obieze and co sponsored by Hon. Okechukwu Mbah, Rt. Hon. Iloabuchi Aniagu, Hon. Engr. Amuka Williams Rt. Hon. Jane Eneh, Hon. Osita Okoh, Hon. Chukwuma Ekwueme and Hon. Johnson Ani, 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: This section guarantees the right to privacy, stating that ‘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.

“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: This section prohibits unauthorized 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:
This section prohibits unauthorized access to computer systems or networks, including mobile phones, stating that ‘A person who intentionally accesses a computer system or network without authorization… commits an offense.’

“Mr Speaker, The Police Act and the Nigeria Police Force Regulations do not explicitly authorize the police to invade citizens’ privacy by searching their phones without a warrant or consent.

“Furthermore, Economic and Financial Crimes
Commission (EFCC) Act empowers the Commission to investigate and prosecute economic and financial crimes, but it does not grant blanket authority to invade citizens’ privacy, except by the Law.

“While we commend the efforts of our Law enforcement agents in the State, it is equally important that we insist that they employ the highest level of professionalism and civility in carrying out their duties. The fundamental rights of our citizens and constituents must be ranked first. No citizen deserves to be humiliated, intimidated, or brutalized in the name of Law enforcement without a reasonable and traceable point that they have directly or indirectly been part of a criminal activity.

“To protect citizens’ rights, law enforcement agencies are expected to obtain a warrant or court order before searching or seizing personal property, including mobile phones.

After listening to the motion sponsored by Rt. Hon. Obieze, Member representing Ezeagu Constituency, the Lawmakers approved the prayer to;

1. Call on the Nigerian Police, Enugu State Command, the EFCC Enugu zonal office, and all other security agencies in the state to immediately desist from random and indiscriminate search of people’s phones.

2. Directs the Enugu State Commissioner of Police to educate and sensitize his officers on the need to respect citizens’ right to privacy.

3. To Call on the Civil Societies and Rights groups and the Enugu State Executive Council to device means of aiding those who’s rights have been so violated by Security agencies and to ensure that the rights of citizens are protected and that any violation of these rights is promptly addressed.