Court Declares Nigerians Free To Record Police, Awards ₦5m In Landmark Ruling

A Federal High Court in Delta State has affirmed that Nigerians have the constitutional right to record police officers during stop-and-search operations conducted in public areas.

The judgment was delivered on Tuesday by Justice Hyeladzira Nganjiwa in a fundamental rights enforcement case filed by a lawyer, Maxwell Nosakhare Uwaifo.

In his application, Uwaifo sought the court’s interpretation on whether police officers can lawfully operate in public without visible name tags and force numbers, and whether citizens are permitted to document such encounters.

Following the ruling, the applicant described the decision as one that made significant pronouncements on police accountability and constitutional freedoms, noting that the court effectively declared anonymous policing unconstitutional.

Justice Nganjiwa ordered that police officers must wear clear identification, including name tags and force numbers, while carrying out duties in public spaces.

The court further held that citizens are legally allowed to record law enforcement officers performing official functions in public.

It also ruled that it is unlawful for police personnel to harass, threaten, arrest, or confiscate devices from individuals solely for recording their activities.

Uwaifo said he initiated the case after an incident at Sapele Roundabout while travelling from Benin to Warri on May 10, 2025.

He explained that officers stopped him and questioned him in what he described as a forceful manner.

According to him, he began recording the interaction after noticing behaviour he believed suggested possible harassment or extortion. He said one of the officers threatened to arrest him and ordered him to stop filming.

He added that the officers did not wear name tags, introduce themselves, or explain their actions.

Uwaifo also claimed the officers were using an unmarked black Toyota Sienna vehicle with no police insignia or registration details.

He told the court that the encounter was intimidating and created an atmosphere of fear, which prevented him from freely asking questions or continuing to record.

He stated that he complied with the officers’ instructions out of concern for his safety and to avoid possible assault or detention.

Through the suit, Uwaifo requested a declaration affirming Nigerians’ right under Section 39 of the 1999 Constitution to document law enforcement activities in public.

He also asked the court to restrain police officers from operating without proper identification and from interfering with citizens who record them.

In its ruling, the court awarded ₦5 million in damages for the violation of the applicant’s fundamental rights and ₦2 million as costs of litigation.

The Inspector-General of Police, the Nigeria Police Force, the Police Service Commission, and the Attorney-General of the Federation were named as respondents in the case.

While the police did not appear in court, the Attorney-General was represented by legal counsel Babatunde Ajajogun and D.O. Tarfa.