A Federal High Court in Warri, Delta State, has delivered a landmark judgment affirming that Nigerians are legally permitted to record police officers while they carry out their duties in public spaces.
The ruling strengthens constitutional protections relating to freedom of expression and accountability in law enforcement operations.
The case was filed by Maxwell Nosakhare Uwaifo, a legal practitioner, following an encounter with police officers on May 10, 2025, at the Sapele Roundabout while he was travelling from Benin to Warri.
According to him, officers stopped his vehicle during a routine operation and began questioning him in what he described as an aggressive and intimidating manner.
Uwaifo told the court that when he noticed the conduct of the officers, he decided to activate his mobile phone to document the interaction.
He explained that he did so to protect himself and ensure transparency during the encounter.
However, he alleged that the officers reacted by threatening to arrest him and ordering him to stop recording immediately.
The applicant further stated that the officers were not wearing visible name tags or force numbers.
He also claimed that they failed to introduce themselves or provide reasons for stopping him.
In addition, he described the vehicle used by the officers as an unmarked black Toyota Sienna without police insignia, plate number, or any identifying features.
He argued that these circumstances created fear and uncertainty, making it difficult for him to continue recording or ask questions confidently.
According to him, the hostile environment forced him to comply with their instructions and leave the scene without collecting evidence.
He maintained that the incident reflected broader concerns about transparency in public policing.
In his suit, Uwaifo asked the court to determine whether the actions of the police violated constitutional provisions, particularly Section 39 of the 1999 Constitution, which guarantees freedom of expression.
He argued that this right includes the ability of citizens to document the activities of public officials performing duties in open spaces.
The phrase citizens right to record police formed the core of his argument, as he insisted that recording public officers in lawful public interactions is part of democratic accountability.
He further contended that preventing citizens from documenting police conduct undermines transparency and public trust.
The applicant also sought declarations that it is unlawful for officers to confiscate phones, threaten arrest, or intimidate individuals for exercising the citizens right to record police during public engagements.
He requested the court to rule that conducting stop-and-search operations without visible identification violates constitutional safeguards under Sections 34, 35, and 36 of the Constitution, as well as provisions of the Police Act.
Among other reliefs, he asked for a perpetual injunction restraining the respondents from carrying out stop-and-search or checkpoint duties without ensuring that officers wear uniforms displaying their full names and force numbers.
He also sought directives compelling the Inspector-General of Police and other authorities to issue clear guidelines affirming the citizens right to record police during lawful public activities.
Additionally, he requested disciplinary measures against officers who fail to comply with identification requirements and transparency standards.
The suit also included a claim for N80 million in general and exemplary damages for alleged repeated violations of his constitutional rights and those of other members of the public.
Although the police were not represented in court during the proceedings, the Attorney-General of the Federation was represented by legal counsel.
After reviewing the arguments, Justice Hyeladzira Nganjiwa delivered judgment in favour of the applicant.
The court held that Nigerians have the constitutional right to record police officers performing their duties in public spaces.
The judge emphasized that law enforcement officers must operate transparently when engaging with members of the public.
The ruling reinforced the principle that citizens should not be harassed, arrested, or have their devices seized merely for documenting interactions with public officials.
The court stated that such actions are inconsistent with constitutional protections and due process.
Justice Nganjiwa further ordered that police officers involved in public operations must wear clearly visible name tags and display their force numbers or proper identification.
The judgment highlighted that accountability and identification are essential components of lawful policing.
In its decision, the court awarded N5 million in damages for violation of fundamental rights and an additional N2 million as costs of litigation.
The ruling was widely regarded as a significant affirmation of transparency in public law enforcement activities.
Legal observers note that the judgment strengthens constitutional freedoms and clarifies the scope of public accountability in Nigeria.
By recognizing the citizens right to record police, the court has reinforced the balance between security operations and fundamental human rights.
The decision is expected to influence future interactions between law enforcement officers and members of the public, particularly during stop-and-search operations and checkpoint duties.
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