The Federal High Court situated in Warri, Delta State, has established that Nigerians are constitutionally empowered to document police officers executing their duties in public, a ruling that sets a pivotal precedent for accountability and the protection of civil liberties.
During a ruling delivered on a case labeled FHC/WR/CS/87/2025, Judge H. A. Nganjiwa underscored that police personnel are required to wear identifiable name tags, display their force numbers, and not intimidate or confiscate devices from citizens attempting to record their activities.
The court ordered the responsible parties to pay Maxwell Uwaifo, the applicant, N5 million for the infringement of his fundamental rights, along with an additional N2 million for legal expenses.
All requests made by the applicant were accepted, affirming the public's entitlement to record police conduct in public areas without fearing retaliation.
"This judgement has profound implications for policing standards, civil liberties, and public accountability across Nigeria," stated Mr. Uwaifo in a communication shared with PREMIUM TIMES on Tuesday.
He added that the court provided notable rulings regarding police accountability and the constitutional rights of citizens.
Background of the Case
The case was initiated as a public interest suit by Mr. Uwaifo, challenging the legal standing of police stop-and-search procedures where officers did not exhibit name tags or force numbers.
The suit involved respondents including the Inspector-General of Police, the Nigeria Police Force, the Police Service Commission, and the Attorney-General of the Federation.
Submitting under the Fundamental Rights (Enforcement Procedure) Rules, 2009, the suit also referenced pertinent sections of the Nigerian constitution and relevant articles from the African Charter on Human and Peoples’ Rights.
In his originating summons, the applicant sought judicial clarification on whether individuals are permitted to record police officers and whether any form of harassment or arrest stemming from such recording constitutes a breach of fundamental rights.
Demands of the Applicant
Mr. Uwaifo requested declarations affirming that Nigerians, per Section 39 of the Constitution, have the freedom of expression, which includes the right to record and publish issues of public interest, particularly police behavior in public settings.
He urged the court to declare unconstitutional and unlawful any actions by the Nigeria Police Force aimed at preventing or punishing such recordings through threats, harassment, or the seizure of devices, viewing them as violations of fundamental rights.
Additionally, he sought a permanent injunction against the respondents and their affiliates to refrain from intimidating or infringing upon the rights of the applicant or any Nigerian citizen in relation to video recordings of police officers on duty.
Furthermore, he requested validation that police officers conducting operations without properly displayed identification act outside the law and requested an injunction to prevent such practices.
Allegations of Anonymous Policing
In his affidavit, Mr. Uwaifo described several occasions where he and others were halted by officers in unmarked vehicles, donned in incomplete uniforms, and who refused to disclose their identities.
On May 10, 2025, he stated he was obstructed by armed officers at a checkpoint, faced aggressive questioning absent reasonable suspicion, and was threatened with arrest when he attempted to record the encounter. A similar incident allegedly took place in June 2025 near the Effurun Roundabout in Warri.
Uwaifo contended that such anonymous policing contributes to a culture of impunity, fostering extortion and unlawful detention, which violates citizens' rights to dignity, personal freedom, and free expression as entrenched in the Constitution, the Police Act 2020, and international democratic policing standards.
He highlighted that the Police Act mandates officers to display their identification clearly and maintained that no legislation prohibits the recording of public officials in their official capacities, referring to precedent cases in I.G.P. v. Ubah (2014) and Fawehinmi v. I.G.P. (2000) to underscore the legitimacy of public interest litigation.
Police Position on Video Recording
In December 2023, the Nigeria Police Force affirmed the legality of citizens recording officers on duty. The then-spokesperson, Olumuyiwa Adejobi, announced on social media that filming police personnel is lawful, and misconduct occurs if they harass those documenting their duties.
Despite ongoing incidents of police abuse, especially during stop-and-search activities, the rising use of smartphones has facilitated the recording of interactions. A viral video highlighted a troubling exchange between a police officer in Lagos and a motorist wearing smart glasses, pointing to the ongoing challenges in ensuring proper conduct among officers.
The NPF condemned the actions of the officer involved and pledged corrective measures, reaffirming the legality of recording officers during their duties.
An analysis by Abdullahi Tijani, Executive Director of The Liberalist, clarified that while privacy is protected under Section 37 of the Constitution, police officers executing public responsibilities are not shielded from scrutiny. He stated, "Citizens can observe and document their conduct; public officials must adhere to legal standards, thereby allowing the public to record their operations."
Historic Context of Police Operations
This ruling emerges against the backdrop of Nigeria's fraught policing history, notably concerning the Special Anti-Robbery Squad (SARS), established in late 1992. Originally formed to combat violent offenses, SARS earned notoriety for severe human rights violations, including extrajudicial killings and torture.
Despite numerous reform initiatives from 2016 to 2019, SARS epitomized police misconduct until its disbandment on October 11, 2020, amid nationwide protests demanding accountability.
The protests drew international attention following brutal incidents like the shooting of peaceful demonstrators at the Lekki Toll Gate on October 20, 2020, leading to widespread calls for an overhaul of the police system.
Overall, the judgment marks a significant move toward improved accountability for law enforcement in Nigeria, setting a new standard for citizens' rights in monitoring police activities.
Comments (0)
You must be logged in to comment.
Be the first to comment on this article!