Comparative Analysis on Search and Seizure in Nigeria, the USA, and United Kingdom

Written by:

Oladele Kehinde Emmanuel

Abstract

This study analyzes the search and seizure legislation in Nigeria with those in the United States of America and the United Kingdom as of right now. The main laws of Nigeria that are referred to and relied upon without reservation in this research are the Criminal Procedure Code, the Administration of Criminal Justice Act and Law (ACJA, ACJL), and the Nigeria Police Act (NPA), 2020.

The Federal Republic of Nigeria’s 1999 constitution (as amended in 2011), particularly in section 37 on the right to privacy, which is afterward limited in section 45, makes it clear that law enforcement officials do not have unrestricted authority to execute searches and seizures in the course of their respective duties. Hence, adequate respect for the sacredness of fundamental Human Rights.

In light of this, this study thoroughly assesses the regulations of the UK and the USA, as well as the Criminal Procedure Code and the Criminal Procedure Act, which serve as the legal foundation for the use of such authority.

Keywords: Search, Seizure, Privacy, Fundamental Human Right, Nigeria, UK, USA

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Comparative Analysis on Search and Seizure in Nigeria, the USA, and United Kingdom