“Citizens Have Right to Record Police on Duty,” Court Rules, Orders Damages for Violations

A Federal High Court sitting in Warri, Delta State, has ruled that Nigerians are entitled to record police officers carrying out their duties in public, affirming constitutional protections around expression and accountability while awarding damages for rights violations.

Justice H. A. Nganjiwa delivered the judgment on Tuesday in suit FHC/WR/CS/87/2025, holding that officers must display visible name tags and force numbers and must not harass, intimidate, arrest, or seize devices from citizens documenting their activities. The court awarded N5 million in damages to the applicant, Maxwell Uwaifo, and an additional N2 million as litigation costs.

The case, filed as a public interest action, challenged the legality of stop-and-search operations conducted by unidentified officers. It named the Inspector-General of Police, the Nigeria Police Force, the Police Service Commission, and the Attorney-General of the Federation as respondents. The suit relied on constitutional provisions on dignity, liberty, fair hearing, privacy, expression, movement, and enforcement of fundamental rights, alongside the African Charter on Human and Peoples’ Rights.

Mr Uwaifo asked the court to determine whether citizens could lawfully record police officers and whether interference with such recording amounted to a breach of fundamental rights. He also sought declarations that attempts to prevent or punish recording through threats, arrest, or confiscation of devices were unconstitutional, and requested orders compelling police authorities to enforce identification requirements and discipline erring officers.

The court granted all the reliefs sought, including orders restraining security agencies from infringing on citizens’ rights in the course of recording public policing activities. It also affirmed that officers who conduct operations without proper identification act unlawfully.

In his affidavit, Mr Uwaifo described multiple encounters with officers operating from unmarked vehicles and refusing to identify themselves. He cited a May 2025 incident along the Benin–Warri road in which he was allegedly threatened with arrest for attempting to record an interaction, as well as a similar episode near Effurun Roundabout the following month. He argued that such practices enable extortion, unlawful detention, and abuse.

The ruling aligns with previous public statements by the Nigeria Police Force acknowledging that recording officers on duty is not an offence. It also reflects growing reliance on citizen-recorded footage in documenting misconduct, particularly during roadside checks and patrols.

Legal analysts say the judgment strengthens the scope of Section 39 of the Constitution, which guarantees freedom of expression, including the right to receive and impart information. It also reinforces provisions of the Police Act 2020 requiring officers to display identification while on duty.

The decision comes against the backdrop of longstanding concerns over police conduct, including abuses associated with the now-disbanded Special Anti-Robbery Squad (SARS). The unit’s record of alleged torture, extortion, and extrajudicial killings drew repeated criticism from groups such as Amnesty International and culminated in the nationwide #EndSARS protests demonstrations in 2020.

While SARS was dissolved, complaints about misconduct during stop-and-search operations have persisted. Observers say the Warri judgment could serve as a reference point for future litigation and policy reforms aimed at improving transparency and accountability in policing.