A Federal High Court in Delta state has ruled that Nigerians can record police officers engaging in stop-and-search operations in public spaces.
Hyeladzira Nganjiwa, the presiding judge, on Tuesday, made
the ruling 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).
In a statement sent to TheCable, Uwaifo said the judge made
“far-reaching pronouncements on police accountability and citizens’
constitutional rights”.
The lawyer said the judge ruled that “anonymous policing is
unconstitutional”.
THE SUIT
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.
The lawyer said the operatives flagged him down and began to
question him in an aggressive manner.
Uwaifo said when he noticed the behaviour of the officers,
which evinced extortion or harassment, he brought out his phone to record.
“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.
“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.
THE JUDGMENT
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.
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