High Court Bars EFCC from Seizing Visitors’ Phones at Office Entrances

Court Bars EFCC from Seizing Visitors’ Phones at Office Entrances

The Oyo State High Court has ruled that the Economic and Financial Crimes Commission (EFCC) can no longer seize the phones and electronic devices of visitors as a condition for entry into its offices across the country. Justice Oluwaseun Toluwanimi Ademola-Salami delivered the judgment on Monday, July 7, in a fundamental rights case filed by legal practitioner Adedeji Austine Falujo.

Falujo approached the court after being forced to surrender his iPhone, Samsung Flip 3, and Apple wristwatch at the EFCC’s Ibadan office, where he had gone to represent a client. In his affidavit, he stated that there was no legal basis for the seizure and that EFCC staff simply told him it was “their rule.” He also narrated how the seizure led to him missing important calls, including one from a client who then hired another lawyer.

The court agreed with Falujo’s arguments, declaring the EFCC’s policy unconstitutional. It ruled that such practices violate the right to freedom of expression, specifically the right to receive and impart information, as guaranteed under Section 39 of the Nigerian Constitution and Article 9 of the African Charter on Human and Peoples’ Rights.

Justice Ademola-Salami granted all the reliefs sought, including a declaration that EFCC lacks the constitutional authority to mandate the submission of phones and smart devices from citizens as a condition for entry. The court held that the use of phones to communicate—make or receive calls, send or receive messages—is an act of expression protected by law.

The judgment also included a perpetual injunction restraining the EFCC and its agents from continuing the practice. Falujo’s lawyer, Boluwatife J. Sanya of Paddle Solicitors, hailed the decision as a landmark that strengthens digital freedom of expression in Nigeria. He expressed hope that the ruling would end the widespread but unlawful practice of phone confiscation at the gates of public institutions.