A Federal High Court in Delta State has ruled that Nigerians have the right to record police officers carrying out stop-and-search operations in public spaces.
Justice Hyeladzira Nganjiwa delivered the judgment on Tuesday while ruling on a fundamental rights enforcement suit filed by Maxwell Nosakhare Uwaifo, a lawyer.
The suit also challenged the constitutionality of police officers conducting stop-and-search operations without visible name tags and force numbers, as well as the right of citizens to record such activities.
Other respondents in the case included the Inspector-General of Police, the Nigeria Police Force, the Police Service Commission, and the Attorney-General of the Federation.
In a statement to TheCable, Uwaifo described the ruling as containing “far-reaching pronouncements on police accountability and citizens’ constitutional rights,” adding that the court declared “anonymous policing is unconstitutional.”
The lawyer told the court that he filed the suit following an encounter with police officers along the Sapele roundabout while travelling from Benin to Warri on May 10, 2025.
According to him, the officers flagged him down and questioned him aggressively. When he attempted to record the interaction, one of the officers allegedly threatened to arrest him and ordered him to stop recording.
Uwaifo said the officers neither wore name tags nor introduced themselves, and the vehicle they used had no identifiable police markings or registration.
He added that the situation was intimidating, forcing him to comply out of fear of arrest, assault, or having his phone seized.
Citing multiple similar incidents across the country, the lawyer asked the court to affirm citizens’ rights under Section 39 of the 1999 Constitution, including the right to record law enforcement officers performing public duties.
He also sought declarations that it is unlawful for police to seize devices, arrest, or threaten individuals for recording their activities, and that officers must wear identifiable uniforms during public operations.
In his ruling, Justice Nganjiwa held that Nigerians are constitutionally entitled to record police officers performing their duties in public spaces.
The court further ruled that police officers must wear uniforms displaying their names and force numbers or other proper identification during such operations.
The judge also declared it unlawful for officers to harass, intimidate, arrest, or seize devices from citizens recording them.
As part of the judgment, the court awarded N5 million in damages for the violation of the applicant’s fundamental rights and an additional N2 million as the cost of litigation.
The police were not represented during the proceedings, while the Attorney-General of the Federation was represented by Babatunde Ajajogun and D.O. Tarfa.
