A Federal High Court sitting in Warri, Delta State, has ruled that Nigerians have the constitutional right to record police officers while they carry out their duties in public spaces.

The court, presided over by Justice H. A. Nganjiwa, declared that any attempt by law enforcement officers to harass, intimidate, arrest, or seize devices from citizens for recording police activities is unlawful and unconstitutional.

The judgement was delivered in a suit filed by Maxwell Uwaifo as a public interest case. The suit challenged the legality of police actions during stop-and-search operations, especially situations where officers failed to wear name tags or display their force numbers.

In its ruling, the court affirmed that recording police officers performing their duties falls under the right to freedom of expression as guaranteed by Section 39 of the 1999 Constitution. It emphasized that no Nigerian law prohibits citizens from filming or documenting public officials while they are carrying out official duties.

Justice Nganjiwa further held that police officers do not have a reasonable expectation of privacy while performing public functions, and that transparency and accountability are essential components of law enforcement in a democratic society.

The court granted several reliefs, including a declaration that police officers must wear visible identification such as name tags and force numbers while on duty. It also issued an order restraining authorities from interfering with citizens who lawfully record police activities.

Additionally, the court awarded N5 million in damages to the applicant for the violation of his fundamental rights and N2 million as the cost of litigation, bringing the total compensation to N7 million. Although the applicant had initially sought a higher amount, the court exercised discretion in determining the final award.

The ruling is considered significant for reinforcing civil liberties and setting a clear legal standard for police conduct in Nigeria. It is expected to improve accountability within the Nigeria Police Force and protect citizens from unlawful harassment when documenting police actions.

The case also highlights ongoing concerns about police behavior, particularly incidents where officers attempt to prevent citizens from recording them despite no law criminalizing such actions. The judgement now provides a strong legal backing to citizens’ rights in such situations.