Court Affirms Nigerians’ Right to Record Police During Stop-and-Search
A Federal High Court sitting in Warri, Delta State, has reaffirmed the constitutional right of Nigerians to record police officers during stop-and-search operations conducted in public spaces.
Delivering judgment in FHC/WR/CS/87/2025, Justice Hyeladzira Nganjiwa held that citizens are entitled, under Section 39 of the 1999 Constitution, to freely express themselves, including documenting the conduct of law enforcement officers performing public duties.
The suit was filed by lawyer Maxwell Nosakhare Uwaifo after an encounter with police operatives along the Sapele Roundabout, where officers—without visible name tags or force numbers—attempted to intimidate him for recording their actions.
In his ruling, Justice Nganjiwa declared that:
– Police officers must wear visible name tags and display their force numbers during public operations.
– It is unlawful for officers to harass, intimidate, arrest, or seize devices from citizens recording them.
– Stop-and-search operations conducted without proper identification are unconstitutional and violate Sections 34, 35, and 36 of the Constitution as well as the Police Act.
The court awarded N5 million in damages for violation of fundamental rights and N2 million as litigation costs.
Uwaifo had sought broader reliefs, including an injunction restraining the police from conducting stop-and-search operations without proper identification, directives mandating training on citizens’ rights to record, and disciplinary measures against erring officers.
This judgment underscores the judiciary’s role in safeguarding civil liberties and reinforces the principle that transparency and accountability in policing are non-negotiable in a constitutional democracy.
