AFRICA

Nigerian Court Rules Citizens Can Record Police During Stop-and-Search Operations

Nigerian Court Rules Citizens Can Record Police During Stop-and-Search Operations – A federal high court in Warri, Delta State, Nigeria, has ruled that citizens have the constitutional right to record police officers during stop-and-search operations in public spaces.

The ruling, delivered by Judge Hyeladzira Nganjiwa on 17 March 2026, followed a fundamental rights suit filed by lawyer Maxwell Nosakhare Uwaifo, who challenged the constitutionality of police officers conducting operations without visible name tags and identification numbers.

Uwaifo filed the suit after an encounter with police at the Sapele roundabout while travelling from Benin to Warri on 10 May 2025.

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He claimed the officers aggressively stopped and questioned him, and when he attempted to record their conduct, they threatened him with arrest.

The officers were reportedly using an unmarked vehicle and wore no name tags, making identification impossible.

In the suit, Uwaifo argued that such conduct violated sections 34, 35, 36, and 39 of the 1999 Nigerian Constitution, which protect personal liberty, fair treatment, and freedom of expression.

He sought a declaration confirming citizens’ right to record police in public, an injunction preventing officers from conducting operations without visible identification, and damages for repeated violations of his rights.

The court agreed with Uwaifo, ruling that Nigerians may freely record police officers performing their duties in public.

The judgment also stipulated that police officers must display name tags and force numbers during public operations and cannot harass, intimidate, arrest, or confiscate devices from citizens recording them.

The court awarded N5,000,000 in damages for the violation of fundamental rights and an additional N2,000,000 to cover legal costs.

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