The Oyo State High Court has declared that the Economic and Financial Crimes Commission (EFCC) has no legal right to seize visitors’ phones or electronic devices as a condition for accessing its offices.
Justice Oluwaseun Toluwanimi Ademola-Salami, delivering the judgment on July 7, 2025, ruled that the EFCC’s longstanding practice is unconstitutional, violating citizens’ freedom of expression as protected under Section 39 of Nigeria’s 1999 Constitution and Article 9 of the African Charter on Human and Peoples’ Rights.
The ruling came in response to a suit filed by Adedeji Austine Falujo, a legal practitioner, who was forced to hand over his iPhone, Samsung Flip 3, and Apple wristwatch at the EFCC’s Ibadan office before he was allowed in to represent a client. Falujo argued that there was no law authorizing such a policy, and that the action prevented him from communicating effectively in his professional capacity.
Represented by Boluwatife J. Sanya of Paddle Solicitors, Falujo argued that in today’s digital age, mobile devices are vital tools for expression and legal communication. Justice Ademola-Salami agreed, issuing multiple declarations and a perpetual injunction against the EFCC:
* Using mobile phones for communication is a protected form of expression under both Nigerian and African human rights law.
* The EFCC has no constitutional power to force visitors to surrender their gadgets as a condition for entry.
* The commission’s actions amounted to unlawful interference with Falujo’s professional duties and communication rights.
* A permanent ban was placed on the EFCC from collecting phones or smart devices from Falujo or similarly situated individuals.
The ruling sets a precedent that may force government agencies to revise arbitrary and invasive security procedures. Legal analysts see the case as a victory for digital privacy and constitutional rights in Nigeria
