You’re going about your day—walking to a shop, driving to see a friend—when you hear the command: “Oga/Ma, your ID!” A police officer stands before you, expecting you to present your identification. For many Nigerians, this is a common, yet unnerving, experience. It leaves you wondering: Do I have to do this? What law gives them this power?
Let’s be clear from the outset: Nigeria is not under emergency rule. The fundamental rights enshrined in our 1999 Constitution are in full effect. So, where does the power of the police to randomly demand your identification begin and end?
The answer lies in the delicate balance between police duties and your constitutional rights.
Your Constitutional Shield
The Nigerian Constitution is the supreme law of the land, and it sets the foundation for your personal liberty:
· Section 37 guarantees your right to privacy.
· Section 41(1) guarantees your right to move freely throughout Nigeria.
These rights are not mere suggestions; they are robust legal protections. This means that any intrusion by the state—including a police officer demanding to know who you are and what you’re doing—must be legally justified. It cannot be arbitrary.
The Police Act 2020: The Source of Their Power (and Its Limits)
The primary law that guides police operations is the Police Act 2020. This is where we find the specific power to demand identification, but it comes with a critical condition.
Section 32(1) of the Act states:
“A police officer may stop, search and detain any person whom he reasonably suspects of having carried out or having about to carry out or being carrying out a criminal offence, and may demand from that person his name and address and other information concerning him.”
Let’s break down the most important part of this sentence: “whom he reasonably suspects.”
This is the legal linchpin. “Reasonable suspicion” is a standard that requires the officer to have concrete, objective facts that would lead a reasonable person to suspect you are involved in a crime. It is not a hunch, a feeling, or your appearance. It is not a blanket authority to stop everyone on a street corner.
In simple terms: The power to demand your name and address is triggered by reasonable suspicion of a crime. It is not a general power that can be used randomly on any law-abiding citizen.
What About Traffic Stops?
This is a different scenario. Driving is a regulated activity, not an absolute right. State traffic laws (like the Lagos State Traffic Law or the FCT Road Traffic Act) require you, as a driver, to produce your:
· Driver’s Licence
· Certificate of Insurance
· Certificate of Roadworthiness
When you are behind the wheel, an officer has the right to demand these specific documents. This is a condition of using the road. However, this power is limited to checking your credentials to drive that vehicle—it does not extend to an unlimited fishing expedition into your personal life without cause.
The National ID Card: Is It Mandatory to Carry?
No. While the National Identity Management Commission (NIMC) Act encourages everyone to register for a National Identification Number (NIN), there is no law that makes it a criminal offence to not be carrying your physical ID card. You cannot be arrested solely for not having it on you.
Bridging the Gap: Why Does This Random Demands Still Happen?
If the law is so clear, why is the random demand for ID so widespread? This is the frustrating gap between legal theory and street-level practice.
- Misinterpretation and Abuse of Power: Many officers either misunderstand the “reasonable suspicion” clause or intentionally ignore it, using the demand for ID as a routine power.
- A Tool for Extortion: Too often, the demand for “your ID” is a pretext. The goal is to find a reason to initiate a conversation that can lead to intimidation and a demand for a bribe. Not having an ID, or a “problem” with your ID, becomes the leverage.
- Lack of Accountability: When citizens are unaware of their rights, and when there are few consequences for officers who overstep, the practice continues unchecked.
Know Your Rights: How to Handle the Situation
Your safety is paramount. While you may be legally in the right, a confrontational approach can be dangerous. Here’s a balanced way to handle it:
- Stay Calm and Polite: Do not be aggressive or raise your voice. Your demeanour can set the tone for the entire interaction.
- Politely Inquire: Ask a simple, respectful question: “Good afternoon, officer. Is there a problem? May I know why I have been stopped?” This politely requires the officer to justify the stop.
- Assess and Decide: If you are a pedestrian and not suspected of any crime, you are not legally obliged to provide ID. However, you must assess the situation. Sometimes, showing a readily available ID (like a voter’s card) can de-escalate the situation and allow you to go on your way, even if the initial demand was legally shaky.
- If You Are Driving: Comply by presenting your driver’s licence and vehicle documents. This is a legal requirement.
Final Verdict
The power of the Nigerian police to mandate identification is not a blanket power. It is a specific power tied directly to reasonable suspicion of a crime or, in the case of driving, to the regulated act of operating a vehicle.
The next time you hear “Show me your ID!” remember that the Constitution has your back. The law is designed to protect you from arbitrary power. Widespread knowledge of these rights is the first step toward ensuring that the law on paper becomes the reality on the streets.
Centre for Nigeria Progress 