A Federal High Court in Delta State has ruled that Nigerians have the constitutional right to record police officers during stop and search operations in public spaces, declaring that such actions are protected under the law.
The ruling was delivered on Tuesday by Justice Hyeladzira Nganjiwa in a fundamental rights enforcement suit filed by lawyer Maxwell Nosakhare Uwaifo against the Nigeria Police Force, Police Service Commission, the Attorney General of the Federation, and the Inspector-General of Police.
In a statement following the judgment, Uwaifo said the court made “far-reaching pronouncements on police accountability and citizens’ constitutional rights,” adding that the judge ruled that “anonymous policing is unconstitutional”.
The suit stemmed from an incident on May 10, 2025, when the lawyer encountered police officers near Sapele roundabout while travelling from Benin to Warri.
According to Uwaifo, the officers stopped him and began questioning him in what he described as an aggressive manner, prompting him to attempt recording the interaction.
“Immediately I brought out my phone, one of the men, dressed in black and appearing to be a police officer, threatened to arrest me and demanded that I put my phone away,” the lawyer said.
“They did not wear any name tags, nor did they introduce themselves. They also made no effort to disclose their identity or provide a reason for their conduct.
“The vehicle they used was a Toyota Sienna, painted black, with no police inscription, no plate number, and no markings whatsoever to identify it as a police vehicle.
“The entire interaction was intimidating, and the men created a hostile atmosphere. I could not confidently ask questions or even continue to record for fear that I would be manhandled or unlawfully detained.
“I had to comply in fear, and leave quietly because I did not want to risk being physically assaulted, arrested, or having my phone forcefully taken from me.
“Due to this fear and their threatening demeanor, I could not gather any concrete evidence, and I also could not record the video or identify them clearly due to the absence of name tags and their use of an unmarked vehicle.
“I have heard and seen many similar instances where police officers intimidate, harass, and even assault Nigerians simply for recording them or questioning their unlawful acts at checkpoints.”
In his suit, the lawyer asked the court to affirm that Nigerians are entitled under Section 39 of the 1999 Constitution to freely express themselves, including recording law enforcement officers performing public duties.
He also sought declarations that it is unlawful for police officers to seize devices, arrest, or threaten citizens for recording them, and that officers must display proper identification during operations.
Delivering judgment, Justice Nganjiwa held that Nigerians have the constitutional right to record police officers performing their duties in public spaces.
The court further ruled that officers must wear visible name tags and display force numbers or proper identification, adding that it is unlawful for police to harass, intimidate, arrest, or seize devices from citizens who record them.
The court awarded ₦5 million as damages for the violation of fundamental rights and an additional ₦2 million as the cost of litigation.
Ademide Adebayo
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