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Know your rights at checkpoints

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Legal Lens by Olusoji Daomi

Every day, Nigerians driving through Lagos, Abuja, Kaduna, and every stretch of our highways meet security checks—by police, soldiers, FRSC officers. For many, these encounters are routine; for others, they become sites of intimidation, bribes, paper seizures, beatings, or worse. At checkpoints, trust often gives way to fear. Yet the law draws lines—there are what security agents may do, and what they may not. If citizens know those boundaries, they can assert their dignity, resist abuse, and demand accountability. I try to bring more clarity to the rights of motorists at checkpoints and the legal limits of security power.

The law permits security agencies to do reasonable checks for safety, law enforcement, and identification. But reasonableness stops where harassment, extortion, arbitrary search, or illegal detention begins. Checkpoints cannot be a license to prey on motorists’ pockets or humiliate them under the guise of security. The law demands that each stop, each search, each demand be justified by suspicion or statute, and that the rights of ordinary citizens remain protected.

Picture yourself entering a checkpoint near Ikorodu late at night. Officers demand your vehicle papers—and, without legal cause, insist on N5,000 as “inspection fee.” Or imagine soldiers stopping vehicles on a federal highway, ordering passengers out, rifling through bags, seizing phones, demanding “make-we talk.” Or a motorist in Abuja whose car is impounded on suspicion of slight traffic infringement, but then held for hours, denied exit, and asked for bribes to release. These are not far-fetched fantasies. They are the stories we hear too often in social media, news reports, human rights petitions.

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The Constitution undergirds all. Section 35 protects personal liberty: no one may be deprived of liberty except in accordance with law. Section 36 guarantees fair hearing — if you are detained, you must have the right to defend yourself.

The power of the badge does not cancel the power of the law. Know your rights. Drive with dignity. Refuse to accept anything less.

Under the Police Act 2020, officers effecting arrest or searches must inform suspects of the reason for their arrest, their right to remain silent, and their right to consult a lawyer. The Act also prohibits “arrest in lieu” (i.e. arresting someone simply because they are relative of suspect) (Sec. 36). It mandates that searches be done respectfully and with minimal embarrassment (Sec. 50), that searches in public be done discreetly, by an officer of same sex, where possible (Sec. 51(e)). The Act also requires that a suspect’s next of kin be notified of the arrest (Sec. 35(3)) and forbids torture, cruelty, inhumane or degrading treatment (Sec. 37).

For FRSC (Federal Road Safety Corps) officers, their powers are limited to road safety enforcement, checkpoints, vehicle inspections under traffic laws, but they do not gain broad criminal arrest powers beyond what law confers.

Soldiers, under the Constitution and military law, should not arbitrarily operate above civil rights. Even military checkpoints must respect constitutional protections—military power does not cancel the citizen’s rights.

In Governor of Lagos State v Ojukwu (1986), the military government, aided by armed men, forcibly evicted Chief Emeka Ojukwu from his residence in Ikoyi even while his appeal was pending. The Supreme Court reaffirmed that the rule of law prohibits self-help by government or security agencies; they cannot override court orders or take matters into their own hands. This case underscores that even state actors must obey legal restraints and due process.

Though the case is about property and eviction, its principle applies: no authority, even security forces, can break the law because “it’s for safety”.

When stopped, remain calm, polite, and composed. Do not argue or resist violently. Ask: “Officer, what is the reason for this stop or check?”  If the reason is vague, press for clarity. Do not voluntarily hand over your phone, wallet, or car papers without just cause. You can politely decline a search unless there is a warrant, or unless there is reasonable suspicion and lawful authority for the search.

If the officers ask for a “small money,” politely refuse or request a receipt. Always record the names, badge numbers, and time of the stop—if possible, film discreetly. If you are arrested or detained, demand to know the charge, insist on legal counsel, and ask your relatives to be informed. Do not make statements until you have consulted a lawyer. If your rights are violated, report the officers to the Police Complaints Response Unit (CRU), the Independent Police Complaints Commission (IPCC) (if active in your state), or human rights NGOs. Finally, use media, social platforms, and your network to amplify your complaint: public visibility often forces accountability.

The road belongs to Nigerians—security agencies exist to protect us, not to dominate us. A checkpoint is not a battlefield. When law enforcement respects rights, we all win: safer roads, less corruption, greater trust. Citizens must demand that officers know the law too, not just the muscle. Report abuses, support legal literacy, and push for reform. The power of the badge does not cancel the power of the law. Know your rights. Drive with dignity. Refuse to accept anything less.

*Knowing the law doesn’t make you rebellious — it makes you responsible. Spread the word.

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