The Enugu State House of Assembly has passed a motion urging security agencies, particularly the Nigerian Police and the Economic and Financial Crimes Commission (EFCC), to stop the indiscriminate and random searches of individuals’ mobile phones in the state.
The motion, sponsored by Rt. Hon. Chima Obieze and co-sponsored by Hon. Okechukwu Mbah, Hon. Iloabuchi Aniagu, Hon. Engr. Amuka Williams, Hon. Jane Eneh, Hon. Osita Okoh, Hon. Chukwuma Ekwueme, and Hon. Johnson Ani, highlighted the growing violation of citizens’ privacy rights by security operatives.
According to Obieze, the practice directly contravenes Section 37 of the 1999 Constitution, which guarantees the right to privacy, stating that:
“The privacy of citizens, their homes, correspondence, telephone conversations and telegraphic communications is hereby guaranteed and protected.”
He also pointed out that both the Police Act and the Administration of Criminal Justice Act set legal boundaries on searches and seizures, emphasizing that:
“It is thrice important that even in the enforcement of laws, the rights and dignity of citizens are not only observed but adequately protected.”
Obieze further referenced Section 7 of the Freedom of Information Act (FOIA) 2011, which 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.”
Additionally, he cited Section 19 of the Cybercrime (Prohibition, Prevention, etc.) Act 2015, which makes unauthorized access to computer systems or networks—including mobile phones—an offense:
“A person who intentionally accesses a computer system or network without authorization… commits an offense.”
The lawmaker emphasized that:
“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.”
He also clarified that while the EFCC Act empowers the Commission to investigate economic and financial crimes, it does not provide blanket authority to violate citizens’ privacy outside legal procedures.
Obieze stressed the need for professionalism and civility among security operatives, stating that:
“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.”
The lawmakers, after deliberation, approved the following resolutions:
- 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 the random and indiscriminate searching of individuals’ phones.
- Direct the Enugu State Commissioner of Police to educate and sensitize his officers on the need to respect citizens’ right to privacy.
- Call on civil society organizations, human rights groups, and the Enugu State Executive Council to establish mechanisms that support victims of privacy violations and ensure that citizens’ rights are protected.
