Know Your Right:
Many Nigerians are unaware of their rights during encounters with law enforcement. One common question is whether a male police officer has the legal authority to conduct a body search on a woman.
The answer is generally no.
Under the Administration of Criminal Justice Act (ACJA) 2015, which applies to federal law enforcement agencies, a female suspect should be searched only by another female, and the search must be carried out with strict regard to decency. Many states have also adopted similar provisions in their own Administration of Criminal Justice Laws (ACJLs).
The Nigeria Police Force also recognizes this principle in its operational procedures and code of conduct. A male officer is not expected to conduct a physical body search on a woman except in the most exceptional circumstances where there is an immediate and serious threat to life or public safety and no female officer is available.
What You Should Know
A woman has the right to request that a female police officer conduct any body search.
Any search must be carried out respectfully and without unnecessary exposure or humiliation.
The police should explain the reason for the search and conduct it lawfully.
If a male officer insists on physically searching a woman without lawful justification, the woman may object respectfully and request the presence of a female officer.
If Your Right Is Violated
If you believe you have been unlawfully searched by a male police officer, you may do the following:
Report the incident to the Divisional Police Officer (DPO).
Petition the Police Complaint Response Unit (CRU).
Report to the Police Service Commission or the National Human Rights Commission.
Seek legal redress in court if your rights have been violated.
The Bottom Line
Being arrested or questioned by the police does not mean you lose your constitutional rights. Every Nigerian deserves to be treated with dignity and respect.
The law seeks to protect women from invasive and improper searches by requiring that body searches be conducted by female officers whenever possible.
Know Your Right: The law is not only for the police—it is also there to protect you.
