OPINION

NO WRITTEN NIGERIAN LAW PROHIBITING PHONE CALLS AT MILITARY OR POLICE CHECKPOINT


By Julius Nsikak, Uyo


There have been several questions as to whether or not there is any written Nigerian law, prohibiting citizens from taking calls at military or police checkpoints.


Undoubtably, the assertion that making calls at military or police checkpoints is wrong due to security concerns, as stated by Major-General Usman Mohammed, lacks constitutional or legal backing. 


In fact, there is no written Nigerian law that reprimands citizens for making calls at checkpoints or supports the seizure of phones by military or police officers. The Constitution of the Federal Republic of Nigeria, 1999, as amended, enshrines the fundamental rights of citizens, including the right to privacy, which is sacrosanct and imperative for the protection of human dignity.


The act of brutalising and seizing phones from citizens for making calls at checkpoints is a clear infringement of their right to privacy and is against human rights standards. 


The courts have also established that fundamental rights, as provided for in Chapter IV of the Constitution, are significant and take precedence over other statutes or laws. 


In the cases of Osondu & Anor V AG Enugu State & Ors (2017) and Essien V Inyang, Ors (2011), the court clarified that citizens have the right to use their phones, unless written exceptions are introduced.


It is tearing that citizens are reprimanded for using their phones at checkpoints while being allowed to wear watches and other devices that could potentially be used to detonate bombs or link information. 


The fact remains that there is no enacted law validating the prohibition of phone calls at checkpoints, and it is not an offence. 


Therefore, actions should be taken to prevent citizens from being punished for what is not an offence. 


As this ink pause for now, it should be noted that a phone is a person's personal property, and there is no provision that supports its seizure. Any military or police officer found brutalising or seizing citizens' phones for making calls at checkpoints should face the full force of the law.

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