NBA-SPIDEL Sues Security Agencies Over ‘Illegal’ Phone Confiscation

The Nigerian Bar Association Special Public Interest and Development Law (NBA-SPIDEL) has filed a lawsuit against the Inspector General of Police, the Department of State Services (SSS), Economic and Financial Crimes Commission (EFCC) and the Independent Corrupt Practices and Other Related Offences Commission (ICPC) over the practice of confiscating lawyers’ phones when they visit their offices.

SEE STATEMENT BELOW:

Dear colleagues,

Today, NBA-SPIDEL instituted Suit No. FHC/ABJ/CS/246/2024: John Aikpokpo-Martins & Anor V The Inspector-General of Police & 3 ors.

Members may recall that SPIDEL had earlier in a letter dated the 10th of January, 2024 given the said agencies notice to proceed to Court if they do not stop their unconstitutional acts of confiscating lawyers’ phones at their offices.
SPIDEL in the suit seeks the following reliefs:

1. A DECLARATION that the widespread practice by which agents , servants and officials of the 1st, 2nd, 3rd and 4th Respondents demand and collect the mobile phones and other mobile electronic devices of the Applicants as a condition for being granted access to the offices, facilities and formations of the Respondents which are public institutions for the performance of their professional duties violates the Applicants’ right to dignity of human person guaranteed by section 34 of the Constitution of the Federal Republic of Nigeria 1999 (as amended) and consequently unlawful and illegal.
2. A DECLARATION that the widespread practice by which agents and officials of the 1st, 2nd, 3rd and 4th Respondents demand and collect the mobile phones and other mobile electronic devices of the Applicants as a condition for being granted access to the offices, facilities and formations of the Respondents which are public institutions for the performance of their professional duties violates the Applicants’ right to privacy guaranteed by section 37 of the Constitution of the Federal Republic of Nigeria 1999 (as amended) and consequently unconstitutional and wrongful.
3. A DECLARATION that the widespread practice by which agents and officials of the Respondents demand and collect the mobile phones and other mobile electronic devices of the Applicants as a condition for being granted access to the offices, facilities and formations of the Respondents which are public institutions for the performance of their professional duties violates the applicants’ right to provide legal services to their clients in the custody of the Respondents and consequently a violation of the provisions of section 36 (6) (d) of the Constitution of the Federal Republic of Nigeria 1999 As Amended.
4. A DECLARATION that the widespread practice by which the agents and officials of the Respondents demand and collect the mobile phones and other mobile electronic devices of the Applicants as a conditions for being allowed access to the Respondents’ offices, facilities and formations which are public institutions for the performance of their professional duties but without the staff, and officials of the Respondents themselves and other non-lawyers being subjected to the same practice/condition is discriminatory and violates the Applicants’ right to freedom from discrimination under section 42 (1) of the Constitution of the Federal Republic of Nigeria 1999, as amended and consequently unconstitutional and illegal.
5. The sum of N50,000,000.00 (Fifty Million Naira) as damages against the 1st, 2nd, 3rd and 4th Respondents jointly and/or severally for the violent and serial violation of the Applicants’ fundamental rights.
6. AN ORDER of perpetual injunction restraining the Respondents whether by themselves, their agents, servants, privies and officials howsoever described from demanding, collecting and/or any in manner compelling the Applicants and members of the Nigerian Bar Association to relinquish possession of their mobile phones and/or any other mobile electronic device before being granted access to the offices, facilities and formations of the respective organizations of the 1st, 2nd, 3rd and 4th Respondents for the performance of their lawful professional duties.

Dated this 27th day of February, 2024.

Sadiya Saleh,
Publicity Secretary, NBA-SPIDEL.
27/02/2024.