A Federal High Court in Delta State has ruled that Nigerians have a constitutional right to record police officers carrying out their duties in public spaces, in a landmark judgment that addresses long-standing concerns about police accountability and citizens’ rights.
Justice Hyeladzira Nganjiwa delivered the ruling on Tuesday, March 17, following a fundamental rights enforcement suit filed by Lagos-based lawyer Maxwell Nosakhare Uwaifo.
The judge declared that anonymous policing is unconstitutional, ruling that officers must wear visible name tags and display their force numbers or proper identification during all public operations.
The court also held that it is unlawful for police officers to harass, intimidate, arrest or seize devices from citizens who record them while performing public duties.
The court awarded ₦5 million in damages for violation of fundamental rights and an additional ₦2 million to cover litigation costs.
Uwaifo told journalists that the judge made “far-reaching pronouncements on police accountability and citizens’ constitutional rights.”
The case was born out of a personal encounter the lawyer had with police officers on May 10, 2025, along the Sapele roundabout while travelling from Benin to Warri.
“Immediately I brought out my phone, one of the men, dressed in black and appearing to be a police officer, threatened to arrest me and demanded that I put my phone away,” the lawyer said.
“They did not wear any name tags, nor did they introduce themselves. They also made no effort to disclose their identity or provide a reason for their conduct.
“The vehicle they used was a Toyota Sienna, painted black, with no police inscription, no plate number, and no markings whatsoever to identify it as a police vehicle.
“The entire interaction was intimidating, and the men created a hostile atmosphere. I could not confidently ask questions or even continue to record for fear that I would be manhandled or unlawfully detained.
“I had to comply in fear, and leave quietly because I did not want to risk being physically assaulted, arrested, or having my phone forcefully taken from me.
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“Due to this fear and their threatening demeanor, I could not gather any concrete evidence, and I also could not record the video or identify them clearly due to the absence of name tags and their use of an unmarked vehicle.
“I have heard and seen many similar instances where police officers intimidate, harass, and even assault Nigerians simply for recording them or questioning their unlawful acts at checkpoints.”
In the suit, Uwaifo asked the court to declare that Nigerians are entitled under Section 39 of the 1999 Constitution to freely express themselves, including recording law enforcement agents performing public duties in public spaces.
He also sought a declaration that it is unlawful for police officers to seize devices, arrest or threaten citizens who record their activities.
Among the reliefs sought was “a Declaration that the acts of police officers engaging in patrols, stop and search operations, and other public interactions without wearing uniforms that visibly display their names and force numbers is unconstitutional, illegal, and a breach of sections 34, 35, and 36 of the Constitution and the Police Act.”
The lawyer also sought “an Order of Perpetual Injunction restraining the Respondents, their agents, officers, or privies from further engaging in stop and search or checkpoint operations without ensuring all operatives wear uniforms bearing their full names and force numbers.”
Additionally, he requested “an Order directing the 1st to 3rd Respondents to issue a clear directive and training guideline to all officers of the Nigeria Police Force affirming the public’s right to record and report police activities conducted in public spaces, including at checkpoints and during stop and search.”
He further asked for “an Order mandating the 2nd and 3rd Respondent to discipline any officer found to have acted in breach of this right” and “an Order mandating the 3rd Respondent (Police Service Commission) to issue a circular or directive mandating all officers on public engagement duties to wear full uniforms with identification, and to initiate disciplinary action against any defaulters.”
Uwaifo also claimed “the sum of ₦80,000,000 only as general and exemplary damages against the Respondents for the repeated infringements of the rights of the applicant and members of the public.”
The defendants in the suit included the Inspector-General of Police, the Nigeria Police Force, the Police Service Commission and the Attorney-General of the Federation.
The police was not represented in court during the proceedings, while the AGF was represented by Babatunde Ajajogun and D.O. Tarfa.
The ruling is expected to have far-reaching implications for police conduct across the country, particularly at checkpoints and during stop-and-search operations where complaints of harassment and extortion have been widespread for years.