The Enugu State House of Assembly, on Thursday, approved a motion to prohibit security operatives in the State, particularly the police and operatives of 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 that “The privacy of citizens, their homes, correspondence, telephone conversations and telegraphic communications is hereby guaranteed and protected.”
Obieze 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.”
He 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.
