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A Federal High Court sitting in Warri has ruled that Nigerians have the constitutional right to record police officers during stop-and-search operations conducted in public spaces.
The judgement, delivered on Tuesday, March 17, by Justice Hyeladzira Nganjiwa, followed a fundamental rights enforcement suit filed by Maxwell Nosakhare Uwaifo. The case challenged the legality of police conduct during public interactions, particularly the right of citizens to document such encounters and the requirement for officers to properly identify themselves.
Other respondents in the suit included the Nigeria Police Force (NPF), the Police Service Commission (PSC), the Inspector-General of Police, and the Attorney-General of the Federation.
Uwaifo told the court that the suit stemmed from a personal encounter with police officers at the Sapele roundabout while travelling from Benin City to Warri on May 10, 2025. According to him, the officers stopped him and began questioning him in what he described as an aggressive and intimidating manner.
He explained that when he attempted to record the interaction with his phone, the officers allegedly threatened him with arrest and ordered him to stop recording. Uwaifo further alleged that the officers were not wearing name tags, did not introduce themselves, and failed to provide any clear reason for stopping him.
He also noted that the vehicle used by the officers—a black Toyota Sienna—had no official police markings, plate number, or identifiable insignia, making it difficult to confirm their identity. The situation, he said, created a hostile atmosphere that left him unable to assert his rights or gather evidence due to fear of harassment or unlawful detention.
In his suit, Uwaifo asked the court to declare that under Section 39 of the 1999 Constitution, Nigerians have the right to freedom of expression, which includes recording law enforcement officers carrying out their duties in public. He also sought declarations that it is unlawful for police officers to seize recording devices, arrest, or threaten citizens for documenting their activities.
Additionally, the lawyer challenged the constitutionality of police officers conducting stop-and-search operations without proper identification, arguing that such actions violate fundamental rights guaranteed under Sections 34, 35, and 36 of the Constitution, as well as provisions of the Police Act.
Among the reliefs sought were court orders mandating police authorities to ensure that officers wear uniforms displaying their names and force numbers during public engagements, and to issue clear directives affirming citizens’ right to record police activities. He also requested disciplinary measures against officers who violate these rights, as well as N80 million in damages for alleged infringements.
Although the police were not represented during the proceedings, the Attorney-General of the Federation was represented by counsel Babatunde Ajajogun and D.O. Tarfa.
In his ruling, Justice Nganjiwa affirmed that Nigerians are legally entitled to record police officers performing their duties in public spaces. He further held that officers must wear visible name tags and display their force numbers or proper identification while carrying out such operations.
The court also declared it unlawful for police officers to harass, intimidate, arrest, or seize devices from individuals for recording them during public interactions.
As part of the judgement, the court awarded N5 million in damages to the applicant for the violation of his fundamental rights, along with an additional N2 million to cover the cost of litigation.
The ruling is widely seen as a significant affirmation of citizens’ rights and a step toward promoting accountability and transparency in policing across Nigeria.
