A landmark judgment by the Federal High Court in Warri, Delta State, has affirmed that Nigerians possess the constitutional right to record police officers while they perform their duties in public spaces. This significant ruling, delivered by Honourable Justice Hyeladzira Nganjiwa in suit No. FHC/WR/CS/87/2025, Maxwell Nosakhare Uwaifo v. Inspector General of Police & 3 others, is heralded as a crucial step towards enhancing police accountability and safeguarding citizens' liberties in Nigeria.

The Committee for the Defence of Human Rights (CDHR), in a statement signed by its National President, Comrade Yinka Folarin, and National Publicity Secretary, Comrade Adewunmi N. Adesina, lauded the judiciary for its courageous decision. The CDHR emphasized that this ruling marks a significant milestone in the ongoing fight against police impunity and human rights violations, empowering citizens to assert their rights and serving as a deterrent against police misconduct. The organization further urged the Nigeria Police Force to fully comply with the court’s directives, which include ensuring officers display visible name tags and force numbers while on duty, aligning with CDHR’s long-standing advocacy for policing with civility and accountability.

The lawsuit stemmed from an enforcement of fundamental rights filed by Maxwell Nosakhare Uwaifo, a lawyer, who sought judicial pronouncement on several key issues. These included the constitutionality of police officers conducting stop-and-search operations without visible identification and the inherent right of citizens to record such activities. The other defendants in the suit were the Inspector-General of Police, the Nigeria Police Force (NPF), the Police Service Commission (PSC), and the Attorney-General of the Federation (AGF).

Uwaifo recounted a personal encounter on May 10, 2025, while traveling from Benin to Warri, where police officers at the Sapele roundabout flagged him down and questioned him aggressively. When he attempted to record the interaction on his phone, the officers threatened him with arrest and ordered him to stop. He noted that the officers lacked visible name tags or force numbers, did not introduce themselves, and operated from an unmarked black Toyota Sienna vehicle without any police insignia or plate number. This intimidating experience prevented him from gathering evidence and instilled fear, highlighting the vulnerability of citizens in such situations.

In his suit, Uwaifo sought several declarations and orders from the court. He asked the court to declare that Nigerians are entitled, under Section 39 of the 1999 Constitution, to freely express themselves, including recording law enforcement agents performing public duties. He also requested a declaration that it is unlawful for police officers to seize recording devices, arrest, or threaten citizens for documenting their activities. Furthermore, Uwaifo sought a declaration that police officers engaging in public interactions without wearing uniforms that visibly display their names and force numbers is unconstitutional and a breach of Sections 34, 35, and 36 of the Constitution and the Police Act.

Among the reliefs sought were an order of perpetual injunction restraining the respondents from conducting stop-and-search operations without ensuring all operatives wear proper identification, an order directing the 1st to 3rd respondents to issue clear directives and training guidelines affirming the public’s right to record police activities in public, and an order mandating the 2nd and 3rd respondents to discipline officers found in breach of this right. Additionally, Uwaifo sought an order mandating the 3rd respondent (Police Service Commission) to issue a circular for officers on public engagement duties to wear full uniforms with identification and initiate disciplinary action against defaulters. He also claimed N80,000,000 as general and exemplary damages for repeated infringements of his and the public's rights.

While the police were not represented in court, the AGF was represented by Babatunde Ajajogun and D.O. Tarfa. Justice Nganjiwa ultimately ruled that Nigerians indeed have the constitutional right to record police officers performing duties in public. The judge affirmed that officers must wear visible name tags and display force numbers or proper identification during public operations, deeming it unlawful for police to harass, intimidate, arrest, or seize devices from citizens for recording them. The court awarded N5,000,000 in damages for the violation of fundamental rights and N2,000,000 for the cost of litigation.