The Federal High Court sitting in Warri has delivered a landmark ruling affirming that Nigerians have the constitutional right to record police officers while performing their duties in public, a decision widely seen as a major boost for accountability and civil liberties.
The judgment, delivered by Justice H. A. Nganjiwa in suit number FHC/WR/CS/87/2025, declared that no law in Nigeria prohibits citizens from filming, photographing, or documenting police activities carried out in public spaces.
The case was instituted by Maxwell Uwaifo, a legal practitioner, as a public interest litigation challenging what he described as routine harassment, intimidation, and confiscation of devices by police officers during stop-and-search operations.
In its ruling, the court held that any attempt by officers of the Nigeria Police Force to harass, arrest, threaten, or seize devices from citizens for recording them is unconstitutional and a violation of fundamental rights.
Justice Nganjiwa anchored the decision on Section 39 of the 1999 Constitution, which guarantees freedom of expression, including the right to receive and impart information. The court emphasised that documenting police conduct in public falls squarely within this constitutional protection.
Beyond affirming the right to record, the court also ruled that police officers must be properly identifiable while on duty. It declared that officers are required to wear visible name tags and display their force numbers, particularly during patrols, checkpoints, and stop-and-search operations.
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The judge further condemned what was described as “anonymous policing,” noting that operating without proper identification undermines transparency and encourages impunity within law enforcement.
As part of the reliefs granted, the court issued a perpetual injunction restraining security agencies and their agents from interfering with citizens who lawfully record police activities in public.
The court also awarded the plaintiff N5 million in damages for the violation of his fundamental rights and an additional N2 million to cover litigation costs, bringing the total compensation to N7 million.
Legal analysts say the ruling sets a significant precedent for policing standards in Nigeria, reinforcing citizens’ rights and strengthening mechanisms for public oversight of law enforcement operations.
The decision is expected to reshape interactions between the police and the public, particularly in an era where mobile devices have become critical tools for documenting alleged misconduct and promoting transparency.
