Landmark Ruling: Nigerians Free to Record Police During Stop-and-Search as Court Bans Anonymous Policing and Awards N7m Damages

 

In a landmark judgment delivered on Tuesday, the Federal High Court in Warri has affirmed that every Nigerian has the constitutional right to record, photograph, or document police officers performing their duties in public spaces — including during stop-and-search operations.

Justice Hyeladzira A. Nganjiwa, in suit No. FHC/WR/CS/87/2025, granted all the reliefs sought by lawyer Maxwell Nosakhare Uwaifo, who filed the case as a public interest litigation against the Inspector-General of Police, the Nigeria Police Force, the Police Service Commission, and the Attorney-General of the Federation.

The court declared that any attempt by police officers to harass, intimidate, arrest, or seize recording devices from citizens who film them on duty is unlawful and unconstitutional. It further held that police officers must wear visible name tags and display their force numbers at all times while on public duty, describing anonymous policing as illegal.

“Police officers must wear visible name tags, display their force numbers, and refrain from harassing, intimidating, arresting, or confiscating devices from citizens who record their actions,” the judgment emphasised.

The ruling stems from incidents experienced by the applicant. In May and June 2025, Uwaifo was stopped at checkpoints, aggressively questioned without reasonable suspicion, and threatened with arrest when he attempted to record the officers. He argued that the lack of proper identification by police fosters impunity, extortion, and rights violations.

The court agreed, ruling that such conduct breaches Sections 34, 35, 36, and 39 of the 1999 Constitution (as amended), the Police Act 2020, and the African Charter on Human and Peoples’ Rights.

Key orders issued by the court include:

A perpetual injunction restraining the police and their agents from interfering with citizens’ right to record officers in public.

A directive for the Police Service Commission to issue guidelines, training modules, and circulars mandating proper identification and affirming citizens’ right to film.

An order for disciplinary action against any officer who violates these rights.

The court awarded the applicant N5 million in damages for the violation of his fundamental rights and N2 million as costs of litigation.

Reacting to the judgment, Mr Uwaifo described it as a major victory for accountability. “This judgement has significant implications for policing standards, civil liberties, and public accountability across Nigeria,” he said. “The court has made far-reaching pronouncements that will change how police operate in public spaces.”

The decision comes against the backdrop of longstanding public complaints about police harassment during stop-and-search operations and echoes earlier statements by the Nigeria Police Force that recording officers on duty is not an offence.

Legal observers say the ruling sets a strong precedent that will empower citizens to document encounters with law enforcement without fear, while compelling the police to embrace transparency.

Citizens are now advised to exercise this right responsibly — without obstructing police work — and to preserve recordings as potential evidence in cases of abuse.