Police Power Of Search: Can A Male Police Officer Search A Woman? -By Eleja Hussein Kehinde

INTRODUCTION

The Nigeria Police is saddled with duties and responsibilities for the prevention and detection of crime, the apprehensions of offenders, the preservation of law and order, the protection of life and property and the due enforcement of all laws and regulations with which they are directly and indirectly charged. In carrying out the duties effectively and efficiently, the police are empowered to conduct search of the person whether in relation to his person, premises or chattel as the case may be depending on the character of the evidence required for proving such an offence.

Search is an examination of a person’s house or other buildings or premises, or of his person, or of his vehicle, aircraft, etc., with a view to the discovery of contraband or illicit or stolen property, or some evidence of guilt to be used in the prosecution of a criminal action for some crime or offence with which he is charged. The objective of search is usually to get or procure evidence that may be used in prosecuting the suspected person in case the matter merits criminal prosecution in the law court. A search may be conducted on a person, premises or chattel either to be carried out with or without warrant.

It is a worthy note that the power to conduct search is not restricted to the police alone as other law enforcement agencies can as well conduct search in respect of offences or allegation with which they have power. However, private person who lawfully arrests any person may also conduct search on the person so arrested.

Now, the question that is agitating for legal answer is “can a male police officer conduct search on a woman?”

GENERAL RULE

By dint of section 112(3) of Criminal Procedure Act (thereinafter referred to as CPA), if the person to be searched is a woman, she shall, if practicable, be searched by another woman and may be taken to a police station for that purpose. However, section 6(2) of CPA, sections 44(3) and 82 of Criminal Procedure Code (thereinafter referred to as CPC) are more specific provisions on the issue whether a male officer can search a woman.
Section 6(2) of CPA provides thus:
_“Whenever it is necessary to cause a woman to be searched, the search shall be made by a woman”_
Also section 44(3) of CPC provides thus:
_“When the arrested person is a woman, the search shall not be made except by a woman”_.
Finally, section 82 of CPC says:
_“Whenever it is necessary to cause a woman to be searched, the search shall be made by another woman, with strict regard to decency”_.

Flowing from the foregoing, it therefore appears that on no account should a male officer conduct a search on the person of a woman. That is to say, male is meant for male and woman is meant for woman in terms of search.

EXCEPTION

However, the principle of law that the woman must be searched by another woman is not sacrosanct from exception. As it is generally known that no general rule exists without giving birth to exception(s). It must be stated that discretion is the better aspect of law enforcement. The woman will be searched by a male officer in case of necessity, especially when a police woman is not within the vicinity where the circumstance warrants a woman to be searched. For instance, some male officers on the beat patrol had a radio message that two female suspects with certain description escaped with firearms concealed in their bodies after robbery and the female suspects eventually ran into the officers who have no female officer with them, reason dictates that the officers should search certain areas of their bodies in which they are said to have concealed the firearms to recover such in order to avoid being fired at by the female suspects.

CONCLUSION

As a law enforcement agency, the police officers are expected absolutely to make strict adherence to the principle of law except where an inevitable circumstance warrants it not to be followed. It is a recommendation that more female people should be employed into the police institution and when it is necessary for the police officers to embark on beat patrol, especially to carry out their power of search, the female police officers should be taken along in order to adhere to the principle of law stricto sensu. However, it has become a platitude in law that _ubi jus, ibi remedium_ (meaning _“where there is a right, there is a remedy_”). The law has bestowed the right not to be searched by a male police officer on the woman whenever she is subjected to be searched except by another woman. It is my profound advice that remedy should be sought in the court of law where the police officer or other law enforcement agencies violate her right of not to be searched by a male. THE LAW IS MEANT TO BE FOLLOWED.

Eleja Hussein Kehinde, a 300L law student of University of Ilorin. I can be reached through elejahusseink@gmail.com