The Oyo State High Court has declared as unconstitutional the Economic and Financial Crimes Commission (EFCC)’s policy of seizing visitors’ phones and electronic devices before granting them access to its offices.
Justice Oluwaseun Toluwanimi Ademola-Salami, who delivered the judgment on July 7, 2025, ruled that the practice violates citizens’ rights to freedom of expression—specifically the right to receive and impart information as guaranteed under Section 39 of the 1999 Constitution and Article 9 of the African Charter on Human and Peoples’ Rights.
The decision followed a suit filed by legal practitioner Adedeji Austine Falujo, who recounted how officials at the EFCC’s Ibadan office compelled him to surrender his iPhone, Samsung Flip 3, and Apple wristwatch without any legal justification before he could enter the premises to represent a client.
“I asked if there was any law compelling me to drop my phone. They said there was none,” Falujo stated in his affidavit. “They simply said it was their rule, and without compliance, I would not be allowed in to perform my duty as a lawyer.”
Falujo noted that he missed several important calls, including one from a client who, unable to reach him, engaged another lawyer.
At the hearing, Boluwatife J. Sanya of Paddle Solicitors, who represented Falujo, argued that mobile phones are essential tools for modern expression and communication. He contended that unless backed by law, the EFCC had no authority to impose such restrictions.
Justice Ademola-Salami agreed and granted the following reliefs:
- Declaration that using telephones to communicate—through calls or messages—is a constitutionally protected form of expression under Section 39(1) of the 1999 Constitution and Article 9 of the African Charter.
- Declaration that the EFCC has no constitutional authority to mandate the surrender of mobile phones or electronic gadgets as a precondition for accessing its premises.
- Declaration that the mandatory collection of the applicant’s devices, which prevented him from communicating with colleagues and clients, constituted an unlawful interference with his rights.
- Perpetual injunction restraining the EFCC, its officers, agents, or representatives from demanding phones or smart devices from Falujo before allowing him access to the agency’s office.
The judgment highlights a growing concern about invasive security practices at public institutions in Nigeria. Observers hope that this decision will curb arbitrary device collection policies at government offices across the country.
