Nigerians Can Record Police Officers During Stop-And-Search Operations, Court Rules

A Federal High Court in Warri, Delta State, has ruled that Nigerians are permitted to record police officers during stop-and-search operations in public spaces.

Hyeladzira Nganjiwa, the presiding judge, made the ruling on Tuesday,  March 17, following an enforcement of the fundamental rights suit filed by Maxwell Nosakhare Uwaifo, a lawyer.

The lawyer also sought judicial pronouncement on the constitutionality of police officers conducting stop-and-search operations without visible name tags and force numbers, and the right of citizens to record them.

Other defendants are the inspector-general of police, Nigeria Police Force (NPF), Police Service Commission (PSC), and attorney-general of the federation (AGF).

The lawyer told the court that he filed the suit because of his encounter with police officers along the Sapele roundabout as he journeyed from Benin to Warri on May 10, 2025.

He said the police officers flagged him down and began to question him in an aggressive manner.

Uwaifo said when he noticed the behaviour of the officers, he brought out his phone to record. However, he said the officers threatened him with arrest and ordered him to put his phone away.

He 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.

“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, the lawyer asked the court to declare that Nigerians are entitled, under section 39 of the 1999 constitution, to freely express themselves, including recording the conduct of law enforcement agents performing public duties in public spaces.

Uwaifo also asked the court to declare that it is unlawful for police officers to seize devices, arrest or threaten Nigerians recording their activities in public spaces.

“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,” part of the reliefs sought reads.

“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.

“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.

“An Order mandating the 2nd and 3rd Respondent to discipline any officer found to have acted in breach of this right.

“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.

“The sum of N80,000,000 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 police was not represented in court during the case but the AGF was represented by Babatunde Ajajogun and D.O. Tarfa.

Nganjiwa held that Nigerians have the constitutional right to record police officers performing their duties in public.

The judge ruled that the officers must wear visible name tags and display force numbers or proper identification during public operations.

The judge held that it is unlawful for police to harass, intimidate, arrest, or seize devices from citizens for recording them.

The court granted N5,000,000 damages for violation of fundamental rights and N2,000,000 for cost of litigation.