Court Declares EFCC’s Seizure of Visitors’ Phones Unconstitutional
The Oyo State High Court has ruled that the Economic and Financial Crimes Commission (EFCC) has no constitutional authority to mandate the seizure of visitors’ phones and electronic devices before granting them access to its offices.
Delivering the landmark judgment on Monday, Justice Oluwaseun Toluwanimi Ademola-Salami declared the EFCC’s longstanding practice unconstitutional and a violation of citizens’ fundamental rights.
The case was brought before the court by legal practitioner Adedeji Austine Falujo, who filed a fundamental rights enforcement suit after being compelled to surrender his iPhone, Samsung Flip 3, and Apple Watch before entering the EFCC’s Ibadan office. Falujo told the court that he was not informed of any law requiring such action, but was told it was “the agency’s rule.”
Falujo recounted missing important calls from a client during the period his devices were seized an incident that cost him the client’s engagement.
Through his counsel, Boluwatife J. Sanya of Paddle Solicitors, Falujo argued that the seizure infringed on his right to freedom of expression and information, as protected under Section 39(1) of the 1999 Constitution and Article 9 of the African Charter on Human and Peoples’ Rights.
The court ruled in favor of the applicant, granting all reliefs sought and issuing a perpetual injunction restraining the EFCC and its agents from further engaging in the practice.
Justice Ademola-Salami declared:
“The use of telephones to communicate whether to make or receive calls or exchange messages is a form of expression protected under Section 39(1) of the Nigerian Constitution and Article 9 of the African Charter. The EFCC has no constitutional authority to mandate the surrender of such devices as a condition for entry.”
The court also condemned the interference with Falujo’s ability to communicate with colleagues and clients while in the EFCC premises, stating that such restrictions were unlawful.
Following the judgment, Falujo’s counsel described the ruling as a watershed decision that strengthens legal protection for digital expression and individual freedoms within public institutions.
“This ruling is not just a win for my client but for all Nigerians. It affirms that public agencies cannot violate citizens’ rights under the guise of internal policy,” said Sanya.
Legal experts and civil rights groups have applauded the judgment, expressing hope that it will serve as a precedent to reform similar unconstitutional practices across Nigerian government agencies.
