Most individuals might not be aware that a court order is required to lawfully conduct a raid, especially at night. The principle is straightforward: a raid involves a search by the conducting agency, which necessitates a search warrant to be lawful.
Often, raids are justified when incriminating items are discovered. However, what if no such items are found? This constitutes an invasion of privacy. As stated in Section 37 of the Constitution:
“The privacy of citizens, their homes, correspondence, telephone conversations, and telegraphic communications is hereby guaranteed and protected.”
The Court of Appeal in Enyinnaya v. State (2014) LPELR-22924(CA) emphasized that:
“By virtue of Section 37 and Section 45(1) of the 1999 Constitution, a search cannot lawfully be conducted unless it is permitted by a law that complies with Section 45(1) of the Constitution. Therefore, any search by police as a crime prevention action that is not lawfully permitted is unconstitutional.”
The rationale for a search warrant is clear. Should the EFCC, for instance, possess actionable intelligence indicating criminal activity, it must seek a search warrant from a magistrate by presenting this intelligence. If the magistrate is convinced, a search warrant is issued, allowing a raid to proceed.
Recent actions by EFCC operatives, including night raids on Federal University of Technology, Akure students, and previously on Obafemi Awolowo University, Ile-Ife students, were conducted without warrants, raising concerns.
Knowing how to respond if subjected to a law enforcement night raid is crucial:
1. Stay Calm and Compliant: Maintain calm and comply with officers during a raid to prevent escalation.
2. Document everything: Note the raid’s details, such as date, time, and conducting agency. Document any damages or injuries with photos or videos.
3. Seek Legal Assistance: Contact a lawyer promptly for advice on your rights and legal representation. If unable to afford one, inquire about available legal aid.
4. Medical Attention: Seek immediate medical care for any injuries and document them, as these records can be vital in legal cases.
5. Contact Family or Friends: Inform trusted individuals about the raid and your location for support and assistance in obtaining legal help.
6. File a Fundamental Rights Enforcement Suit: If rights were violated or the raid was unlawful, consider legal action against the involved agency.
7. Secure Your Property: Document any seized property as accurately as possible.
8. Follow Up: Regularly communicate with your lawyer and relevant authorities about your case and any seized property.
9. Know Your Rights: Understand your legal rights concerning searches, arrests, and detentions under Nigerian law to better navigate law enforcement interactions.
Conclusion
Law enforcement raids require a court order to be lawful. Nonetheless, if an agency conducts a raid, it’s imperative to follow the outlined steps.
Don’t forget to share this post using any of the buttons below.
Follow the Law Centriole WhatsApp Channel to get early updates about new posts.