SEARCH AND RIGHT TO PRIVACY IN NIGERIAN LAW

The paper will discuss the roots of the rights to privacy and its domestication in Nigeria. It will also discuss the meaning of search, types of search (I.e search with warrant and without warrant), the classification of searches (i.e. search of persons body and objects),then conclusion and suggestions. The right to privacy does not feature at all under African charter on human and peoples rights [ ACHPR] 1981, but section 8 [1] of European convention for the protection of human rights and fundamental freedoms 1950 provides that “everyone has the right to respect for his private and family life, his home and his correspondence.” The objective of search is to obtain evidence that may be used in the prosecution of criminal trial. Search can be on the person, things/object or premises. This paper intends to discuss why search, how its done, limitation there to, visa-a-vis the right of privacy.