Court Affirms Nigerians’ Right to Record Police
The Federal High Court in Warri, Delta State, has delivered a landmark ruling affirming the constitutional right of Nigerians to record police officers performing their duties in public, while declaring the practice of anonymous policing unlawful and unconstitutional.
Justice H. A. Nganjiwa, delivering judgement on Tuesday in Suit No. FHC/WR/CS/87/2025, ordered police officers to wear visible name tags and display their force numbers during public operations, and prohibited them from harassing, intimidating, arresting, or confiscating devices from citizens recording their activities. The court awarded the applicant, Maxwell Nosakhare Uwaifo, a legal practitioner, N5 million in damages for violation of his fundamental rights and N2 million as costs of litigation.
“This judgement has significant implications for policing standards, civil liberties and public accountability across Nigeria,” Uwaifo stated in a statement to Premium Times following the ruling. “The court made far-reaching pronouncements on police accountability and citizens’ constitutional rights.”
The case, brought as public interest litigation on behalf of Uwaifo and the Nigerian public, challenged the legality of police stop-and-search operations conducted without officers displaying proper identification. The respondents included the Inspector-General of Police, the Nigeria Police Force, the Police Service Commission, and the Attorney-General of the Federation.
The applicant’s legal arguments centred on Section 66(1) of the Police Act 2020, which mandates that police officers prominently display their name tags and identification numbers on their uniforms whenever they are on duty. Uwaifo argued in his written submission that this requirement is not merely procedural but a crucial measure for ensuring transparency, accountability, and proper conduct in policing.
“Sending officers out without their names or identification numbers is a failure on the part of the respondents in their duty to care for the public,” the court documents stated. “It also weakens civilian oversight and leaves them open to accusations of involvement in illegal activities.”
The suit was filed under the Fundamental Rights (Enforcement Procedure) Rules 2009, citing Sections 34, 35, 36, 37, 38, 39, 41 and 46 of the 1999 Constitution as amended, as well as relevant articles of the African Charter on Human and Peoples’ Rights (Ratification and Enforcement) Act. Section 8(1)(c) of the Police Act was also referenced, highlighting that one of the police’s fundamental duties is to protect and defend the rights and freedoms of every individual in Nigeria as outlined in the Constitution, the African Charter, and other relevant laws.
In the originating summons, Uwaifo sought declarations from the court on whether citizens can lawfully record police officers during public duties, whether the refusal of police officers to wear name tags or display force numbers during stop-and-search operations violated the Constitution and the Police Act, and whether preventing citizens from filming police officers during official duties violated the constitutional right to freedom of expression under Section 39 of the 1999 Constitution.
Justice Nganjiwa granted all the reliefs sought by the applicant, reinforcing the right of citizens to document police conduct in public spaces without fear of reprisal. The court declared that Nigerians are entitled under Section 39 of the Constitution to freely express themselves, including recording the conduct of law enforcement agents performing public duties, and that it is unlawful for police officers to seize devices, arrest, or threaten citizens recording their activities.
The ruling comes against the backdrop of longstanding police accountability issues in Nigeria that have fuelled public distrust in law enforcement agencies. The Nigeria Police Force, which had a staff strength of approximately 371,800 as of 2021 according to official records, has faced persistent allegations of brutality, extortion, and human rights violations spanning several decades.
These concerns reached a crescendo in October 2020 when nationwide protests under the hashtag EndSARS demanded the disbandment of the Special Anti-Robbery Squad, a notorious unit of the Nigerian Police known for its record of abuse against citizens. The protests, which drew global attention and accumulated over 28 million tweets on social media platforms, exposed systemic problems within Nigeria’s policing structure and prompted calls for comprehensive reform.
A 2020 publication by Amnesty International documented 82 cases of abuses and extrajudicial killings by SARS between January 2017 and May 2020. The organization accused SARS officials of regularly detaining young male Nigerians illegally and extorting money from their relatives. The protests culminated in the tragic events of October 20, 2020, when security forces opened fire on peaceful protesters at the Lekki Toll Gate in Lagos, resulting in multiple casualties. An ECOWAS Court ruling in July 2024 found the Nigerian government guilty of human rights abuses during the suppression of the EndSARS protests and ordered compensation for victims.
Following the EndSARS protests, the Nigerian government enacted the Police Act 2020 to replace the Police Act Cap P19, Laws of the Federation of Nigeria, 2004. The new Act was designed to provide an effective police service that complies with the principles of accountability and transparency while protecting human rights and freedoms. Section 66(1) of the Act specifically addresses police identification requirements, though enforcement has remained inconsistent.
In October 2025, the Nigeria Police Force issued a directive warning officers against the misuse of detachable name tags, badges, and ranks, acknowledging that some rank-and-file officers had been using detachable identification items improperly. The directive stated that any officer found engaging in this practice would face disciplinary action, and the head of the officer’s formation would also be held accountable.
Despite these policy interventions, reports of police harassment and brutality have continued. Human rights organizations have documented ongoing cases of extortion at checkpoints, arbitrary arrests, and excessive use of force. The Police Complaint Response Unit, established as an internal accountability mechanism, has faced criticism for failing to provide adequate transparency in disciplinary actions against erring officers.
The Fundamental Rights (Enforcement Procedure) Rules 2009, under which Uwaifo’s suit was filed, was enacted to address deficiencies in the previous 1979 Rules that had created barriers to human rights enforcement. The 2009 Rules abolished strict locus standi requirements, allowing public interest litigation by activists, advocates, and non-governmental organizations on behalf of victims. The Preamble to the Rules specifically encourages courts to welcome public interest litigation in the human rights field and ensures that no human rights case may be dismissed for want of standing to sue.
The Rules expanded the definition of an applicant to include anyone acting in their own interest, anyone acting on behalf of another person, anyone acting as a member of or in the interest of a group or class of persons, anyone acting in the public interest, and associations acting in the interest of their members or other individuals or groups. This liberalization has enabled citizens and civil society organizations to challenge systemic abuses and demand accountability from public institutions.
In December 2023, the Nigeria Police Force publicly confirmed through its then Force spokesperson, Olumuyiwa Adejobi, that citizens can record officers on duty and that filming or photographing officers is not an offence. Adejobi stated that harassment of those recording constitutes misconduct. Despite this official position, incidents of police officers confiscating phones and arresting citizens for recording them have persisted, highlighting the gap between policy pronouncements and field-level implementation.
The court’s ruling is expected to provide stronger legal protection for citizens exercising their constitutional right to document interactions with law enforcement. Legal analysts have described the judgement as a significant precedent that could influence policing practices nationwide and strengthen civilian oversight mechanisms.
The police were not represented in court during the proceedings, but the Attorney-General of the Federation was represented by counsel Babatunde Ajajogun and D.O. Tarfa. Neither the Nigeria Police Force nor the Police Service Commission has issued an official statement in response to the ruling as of the time of this report.
Uwaifo had originally sought N80 million as general and exemplary damages against the respondents for repeated violations of the rights of himself and members of the public, but the court awarded N5 million for violation of fundamental rights and N2 million for litigation costs. The court also ordered relevant authorities to discipline any officer found to have acted in breach of these constitutional rights and directed the Police Service Commission to issue clear guidelines and training for all officers affirming the public’s right to record and report police activities in public spaces.
The ruling adds to a growing body of jurisprudence in Nigeria recognizing the importance of accountability and transparency in law enforcement. Previous landmark cases including I.G.P. v. Ubah (2014) and Fawehinmi v. I.G.P. (2000) established principles supporting public interest litigation and the enforcement of fundamental rights, creating a legal framework that the current judgement builds upon.
Civil society organizations and human rights advocates have welcomed the decision as a critical step toward addressing the culture of impunity that has characterized policing in Nigeria. However, they emphasize that the ruling’s impact will depend on effective implementation and enforcement, particularly given the historical pattern of policy announcements that fail to translate into meaningful change on the ground.
The judgement comes at a time when citizens’ use of smartphones to document interactions with law enforcement has become increasingly common, creating tensions between officers seeking to avoid scrutiny and members of the public asserting their rights. Videos of police misconduct shared on social media have frequently sparked public outrage and calls for reform, making the legal right to record a crucial tool for accountability.
With over 1,300 police stations nationwide and officers deployed across the country’s 36 states and Federal Capital Territory, implementation of the court’s directive will require systemic changes in training, supervision, and disciplinary procedures. The Police Service Commission, which is responsible for recruitment and discipline within the force, will play a key role in ensuring compliance with the ruling.
The case underscores the ongoing tension between state security agencies and citizens’ rights in Nigeria’s democratic framework. As the country approaches the 2027 general elections, questions of policing, accountability, and civil liberties are likely to remain prominent in public discourse, with this ruling serving as an important reference point for future litigation and policy development.