Section 227: Power to investigate offences

1 The Service may without previous notice and at any time enter any place, premises, or means of conveyance and make such examination and inquiry as deemed necessary where there are reasonable grounds to suspect that an offence has been committed under this Act.

2 For an officer to execute his duties under this section, he shall obtain from the Comptroller-General or his designee written authorisation to enter any place or premises or means of conveyance and shall on demand by any person concerned produce a copy of the written authorisation.

3 An officer may exercise any of his powers referred to in subsection (1) without a written authorisation if by reason of exigent circumstances, or in exercising extended border search it would not be practical to obtain the authorisation.

4 Exigent circumstances include situations in which the delay necessary to obtain a written authorisation would result in danger to human life or safety, the loss or destruction of anything liable to seizure or evidence of a suspected violation of customs and excise laws.

5 An officer may search any person who has arrived or is departing from the customs territory if he suspects on reasonable and probable grounds that the person has concealed on or about his person any thing which might contravene the laws of the Federal Republic of Nigeria or anything that can be used as evidence with respect to the contravention, or any goods or baggage the importation of which is prohibited or restricted, provided that -
a a person shall not be searched by a person not of the same gender except that in the case of a perception of immediate threat to the personal safety of the customs officer or others the search shall be limited to a search for weapons;
b internal body searches shall be conducted by a qualified medical practitioner using procedures and apparatus considered to be reasonably safe under the circumstances; and
c the officer may terminate the search if he concludes that no reasonable and probable grounds exist justifying the search.

6 The Service may by any regulations articulate reasons to progress from less to more intrusive search techniques and the required approvals within the Service chain of command for progression to more intrusive personal examinations.

7 To enforce the customs laws, the officers may enter and cross any private property at any time to access the borders of Federal Republic of Nigeria.

8 Subject to applicable laws, the Service may order the removal of any dwelling or structure that is located within five meters of the borders and may construct within this boundary area any fence, wall or other structure or create another physical barrier to prevent the illegal crossing of the border.

9 The Service may employ the use of modem scientific techniques and technologies in the course of investigations when it becomes necessary.