A Federal High Court in Delta State has ruled that Nigerians have the constitutional right to record police officers during stop-and-search operations conducted in public spaces.
Gatekeepers News reports that the ruling was delivered on Tuesday by Hyeladzira Nganjiwa in a fundamental rights enforcement suit filed by Maxwell Nosakhare Uwaifo.
Other respondents in the suit included the Inspector-General of Police, the Nigeria Police Force (NPF), the Police Service Commission (PSC), and the Attorney-General of the Federation.
In a statement, Uwaifo said the court made “far-reaching pronouncements on police accountability and citizens’ constitutional rights,” adding that the judge declared that “anonymous policing is unconstitutional.”
Background to the Suit
Uwaifo told the court he filed the suit following an encounter with police officers at Sapele roundabout while travelling from Benin to Warri on May 10, 2025.
He alleged that the officers, who were not properly identified, stopped and questioned him aggressively.
“Immediately I brought out my phone, one of the men… threatened to arrest me and demanded that I put my phone away,” he said.
“They did not wear any name tags, nor did they introduce themselves… The vehicle they used was a Toyota Sienna… with no police inscription, no plate number, and no markings whatsoever.”
He described the encounter as intimidating, adding that he complied out of fear of arrest or assault.
“I had to comply in fear… because I did not want to risk being physically assaulted, arrested, or having my phone forcefully taken from me.”
Reliefs Sought
The lawyer asked the court to declare that Nigerians are entitled under Section 39 of the 1999 Constitution to freely express themselves, including recording law enforcement officers performing public duties.
He also sought orders restraining police from harassing or arresting citizens for recording them, and mandating officers to wear visible identification during operations.
Court’s Ruling
In his judgment, Justice Nganjiwa held that citizens have the right to record police officers in public while carrying out their duties.
The court ruled that officers must wear visible name tags and display force numbers or proper identification during such operations.
It further held that it is unlawful for police officers to harass, intimidate, arrest, or seize devices from individuals recording them.
The court awarded N5 million in damages for the violation of Uwaifo’s fundamental rights, along with an additional N2 million as the cost of litigation.
