In a landmark judgement, the Federal High Court in Warri, Delta State, has affirmed the right of Nigerians to record police officers performing their duties in public. The court ruled that citizens must not be harassed, intimidated, arrested or have their devices confiscated for recording police activities. This decision was made in March, following a suit by a lawyer, Maxwell Uwaifo, who was reportedly stopped by police officers while travelling and questioned aggressively for recording.
The judgement was based on Section 39 of the 1999 Constitution, which protects citizens' freedom of expression. The court recognized that police officers exercising state power in public spaces are not acting as private citizens, but rather as representatives of the state. As such, the public has the right to scrutinize their actions. The Police Act also acknowledges the importance of documenting arrests and the circumstances surrounding them.
The Inspector-General of Police, Tunji Disu, had recently expressed concerns about the growing practice of recording police officers, describing it as "very, very demoralising." However, the court has made it clear that citizens have the right to document police activities in public places. Disu's concerns about officers being turned into entertainment content are understandable, but there is a legal distinction between filming an officer privately for a social-media skit and documenting an officer exercising public authority.
The need for accountability in policing is highlighted by instances of police extortion, arbitrary arrest, unlawful detention, and extrajudicial killing in Nigeria. Recording police officers can serve as a tool for accountability and protect both citizens and police officers. In May 2025, a video recorded along the Benin Bypass in Edo State exposed a police officer demanding bribe from motorists, leading to the identification and summoning of the officers involved.
The use of video evidence in policing is not new, with many jurisdictions such as the United Kingdom, the United States, and Germany using body-worn cameras to document encounters between officers and the public. These cameras assist in investigations and provide evidence when accounts of an incident differ. The Nigeria Police Force should recognize the value of video generated by citizens as a means of promoting accountability.
Despite the court's ruling, there have been instances of police officers seizing or destroying phones used for recording. In August, an Abuja-based journalist, Sunday Ogwu, alleged that police officers and vigilante members assaulted him while he was filming a demolition exercise and seized and damaged his phone. Such actions are condemnable and undermine the efforts to promote accountability in policing.
The Nigeria Police Force should welcome a reliable accountability system that helps in rooting out criminals from the force. Instead of viewing video recordings by citizens as adversarial, the police should recognize its value in promoting accountability and transparency. A well-trained officer should understand that being recorded is part of modern public service, and if an officer behaves lawfully and respectfully, video evidence can vindicate them.
Key points
- The Federal High Court in Warri has affirmed the right of Nigerians to record police officers performing their duties in public.
- The court's ruling was based on Section 39 of the 1999 Constitution, which protects citizens' freedom of expression.
- Recording police officers can serve as a tool for accountability and protect both citizens and police officers.
