Court Affirms Nigerians’ Right to Record Police on Duty

By Abah Margaret

A Federal High Court sitting in Warri has ruled that Nigerians have the constitutional right to record police officers while performing their duties in public spaces.

The judgement, delivered on Tuesday by Justice H. A. Nganjiwa, is being hailed as a major boost for accountability, transparency, and civil liberties.

In the suit marked FHC/WR/CS/87/2025, the court held that officers of the Nigeria Police Force must wear visible name tags and clearly display their force numbers while on duty.

The court further ruled that police officers must not harass, intimidate, arrest, or confiscate devices from citizens recording their activities in public.

Damages Awarded

The court awarded the applicant, Maxwell Uwaifo, N5 million in damages for the violation of his fundamental rights, along with an additional N2 million as the cost of litigation.

All reliefs sought by the applicant were granted, reinforcing citizens’ rights to document police conduct without fear of harassment or reprisal.

Reacting to the ruling, Uwaifo described it as “far-reaching,” noting that it has significant implications for policing standards and public accountability across the country.

Background of the Case

The suit, filed as a public interest litigation, challenged the legality of police stop-and-search operations carried out without proper identification by officers.

Respondents in the case included the Nigeria Police Force, Police Service Commission, the Inspector-General of Police, and the Attorney-General of the Federation.

Filed under the Fundamental Rights (Enforcement Procedure) Rules, 2009, the case referenced several provisions of the 1999 Constitution, including Sections 34, 35, 36, 37, 38, 39, 41, and 46, as well as relevant articles of the African Charter on Human and Peoples’ Rights.

The applicant had asked the court to determine whether citizens can lawfully record police officers and whether arrest or harassment for doing so constitutes a violation of fundamental rights.