The spokesperson of the Ogun state police command, DSP Oluseyi Babaseyu, says the police has constitutional powers to enforce restriction of mobile phones within police stations.
According to him, it is lawful and primarily driven by security considerations.
An X user, Salami Quadri, had taken to social media to question the legality of asking members of the public to drop their mobile phones before gaining access to the police station.
Reacting via his X handle, Babaseyi said Nigerian laws permit such restrictions where they are necessary to protect investigations, suspects, and police operations.
‘’Yes, it’s legal to restrict phones in police stations. This ensures the safety of suspects, protects their identities, and prevents operational assets from being compromised. Nigerian laws authorize such measures while upholding suspects rights.''
Giving more context to his comment, he wrote
‘’fundamental rights of every citizen, including the presumption of innocence guaranteed under Section 36(5) of the 1999 Constitution (as amended) and the safeguards provided for suspects under the Administration of Criminal Justice Act (ACJA), 2015, particularly Sections 8, 9, 10, 15, and 34, which ensure humane treatment, access to legal counsel, the right to remain silent, bail where applicable, and oversight of arrests.
However, the Constitution itself, under Section 45, recognises that rights may be lawfully regulated in the interest of public safety, public order, and the protection of others. In this regard, the Police Act, 2020 (Sections 4, 6, 24, and 51) empowers the Police to secure investigations, protect lives and property, and regulate activities within police facilities to prevent security breaches and compromise of operations.
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Therefore, restrictions on phone use in sensitive areas of police stations are purely security-driven, precautionary measures designed to protect investigations, suspects, officers, and the public interest. They are not intended to suppress rights, but to balance rights with safety in a democratic society.
As an astute proponent of the rule of law, I will not pander to misinformation or play to the gallery. My position is guided strictly by the Constitution, statutory laws, and professional ethics, and I remain committed to transparency, accountability, and public trust.''
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