Police Powers and Citizens’ Rights: An Examination of Stop and Search Practices Under the Nigeria Police Act 2020 in Lagos State

📖 ABSTRACT/OVERVIEW

Police stop and search powers represent a critical intersection of public order law and constitutional rights, requiring careful legal regulation to prevent arbitrary and discriminatory exercise of state coercive power. The Nigeria Police Act 2020 modernised the legislative framework for police powers in Nigeria, introducing provisions on rights-compliant policing that replaced the outdated Police Act of 1943. However, the implementation of rights-compliant stop and search practices by the Lagos State police command in South West Nigeria raises significant public law concerns. This study examines the exercise of stop and search powers under the Nigeria Police Act 2020 by the Lagos State Police Command, evaluating legal compliance and rights protection in practice. A socio-legal methodology is adopted, reviewing the Police Act 2020, the Administration of Criminal Justice Act 2015, judicial decisions on unlawful searches, and documented stop and search complaints filed with the Lagos State Police Complaint Bureau between 2020 and 2023. The study evaluates whether the Act's provisions on reasonable suspicion, documentation, and rights notification are operationally implemented. Available policing literature from South West Nigeria identifies profiling of young male citizens, excessive detention, and failure to document search grounds as the most recurrent violations. The Rights-Based Policing Framework and the International Association of Chiefs of Police Standards provide the analytical benchmark. Recommendations address mandatory stop and search training, independent oversight, and accessible complaints mechanisms. Keywords: police powers, stop and search, Nigeria Police Act 2020, Lagos State, citizens' rights.

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Departments# Public Law