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House-to-house search illegal, discriminatory move against poor citizens
By Modupe Shodeinde
A civil society, Access to Justice (A2J) has taken a stand against orders given by some state government for security agencies to go on house-to-house search in the recovery of looted items.
The A2J in a statement issued in Lagos and signed by its convener, Joseph Otteh and Project Director, Deji Ajare, said this directives given by some state governors is unconstitutional and illegal.
The group also stated that implementation of this order will use discriminatory pattern because those who would be subjected to this search would be the vulnerable and not people with political, economic or social power in the society.
The A2J noted that some governors have given ultimatums demanding the return of looted items from private and government warehouses, after people resorted to looting warehouses following the #EndSARS protest.
Some of the Governors listed include: Cross Rivers State Governor, Senator Ben Ayade, who ordered security agencies in the state to search houses to recover looted items; Osun State Governor, Gboyega Oyetola, has threatened to commence a house-to-house search by security agents for unreturned loot; Kaduna State Governor, Nasir El-Rufai has ordered a house-to-house search for looted COVID-19 relief materials,
Also, the Governor of Adamawa State, Ahmadu Fintiri has threatened to issue an “Executive Order” requesting door to door search of residents’ home. He also stated that any house found with looted items would have its Certificate of Ownership withdrawn and demolished.
The A2J stated that “Under Nigeria’s Constitution, no State Governor has the right to order a house-to-house search of any residential or other building. Nigeria’s Constitution, in section 37 provides that: ‘The privacy of citizens, their homes, correspondence, telephone conversations and tele graphic communications is hereby guaranteed and protected.'”
It stated that in order to ensure that there is rational and reasonable justification for intruding upon the constitutional right of every citizen to privacy, the state would need to obtain a valid search warrant duly issued by a court of law.
Also speaking on the implementation of such orders, the Access to Justice stated that It is very unlikely that people with political, economic and social power and status will be subjected to this search, with only the poor been discriminated.
“In its implementation therefore, door to door house searches will likely be shown to be a policy judgment against the poor and a government-authorized attack on, and parody of the weak, poor and vulnerable, as well as an invidious stigmatization of that community”, stated.
The group stated that sending security agencies to search houses of citizens may lead them to a mood for reprisals and the want to exact revenge over the unfortunate events of the last couple of weeks.
It urged all government to take the path in tandem with the rule of law.
