By joshua 
THE UNRULY CONDUCT OF NDLEA STOP AND-SEARCH OPERATIONS: A CALL FOR ACCOUNTABILITY
By:
Hon. Bar. Prince A A Oziandu
*Political Activist and Human Rights Advocate*
The National Drug Law Enforcement Agency (NDLEA) was established under the NDLEA Act, Cap N30, Laws of the Federation of Nigeria 2004, with the statutory mandate to combat drug trafficking and abuse. Section 41 of the Act empowers NDLEA officers to stop, search, and arrest persons reasonably suspected of being in possession of narcotic drugs or psychotropic substances. While this power is legitimate, its abuse in practice has raised serious concerns about human rights violations across the country.
Abuse of Stop-and-Search Powers On Nigerian highways, airports, and even on the streets, NDLEA officers have been observed stopping and searching citizens arbitrarily. Bags are ransacked, pockets are turned inside out, and individuals are subjected to humiliation without any lawful justification. This conduct not only breaches statutory limits but also offends the 1999 Constitution (as amended).
Section 37 of the Constitution guarantees the right to privacy of citizens, their homes, correspondence, and effects.
Section 34(1) guarantees the dignity of the human person and prohibits degrading treatment.
When NDLEA officers subject citizens to invasive searches without lawful justification, they infringe on these fundamental rights.
*WHAT CONSTITUTES REASONABLE SUSPICION?*
The law is clear: NDLEA cannot search arbitrarily. The requirement of “reasonable suspicion” is the safeguard. Courts have consistently held that suspicion must be grounded in objective facts, not mere whims. In Ozigbo v. Police (1992), the court emphasized that mere suspicion without factual basis is insufficient to justify an arrest or search.
Similarly, in Olaniyan v. State (2017) 15 NWLR (Pt. 1587) 1, the Court of Appeal reiterated that fundamental rights cannot be curtailed unless there is a clear and lawful basis. Stopping citizens merely because of their appearance, age, or location does not amount to reasonable suspicion.
Unruly stop-and-search practices have created distrust between the NDLEA and the very public it is meant to serve. Many Nigerians report cases where searches are accompanied by intimidation, extortion, or even violence. Such conduct undermines the rule of law and diminishes the agency’s credibility.
The Supreme Court in Ogugu v. The State (1994) 9 NWLR (Pt. 366) 1, stressed that constitutional guarantees of dignity and privacy must not be sacrificed on the altar of law enforcement convenience. NDLEA officers, like all security operatives, are bound by the Constitution, which is supreme under Section 1(3).
*WAY FORWARD*
1. Training and Sensitization – NDLEA officers must be properly trained to understand the limits of their powers and the need to respect citizens’ rights.
2. Oversight and Accountability – Independent bodies and the National Assembly must monitor NDLEA operations and sanction erring officers.
3. Legal Redress – Citizens subjected to unlawful searches should approach the courts for enforcement of their rights under Fundamental Rights (Enforcement Procedure) Rules 2009.
4. Public Awareness – Nigerians should be aware of their rights and demand accountability whenever NDLEA exceeds its lawful bounds.
The NDLEA plays a vital role in Nigeria’s fight against drug trafficking. However, its legitimacy is undermined when officers misuse stop-and-search powers to harass innocent citizens. True law enforcement is measured not only by the fight against crime but also by the respect for constitutional liberties. The time has come for NDLEA to clean up its operations and align fully with the rule of law.
By:
Hon. Bar. Prince A A Oziandu
Political Activist and Human Rights Advocate
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