Key Points

• A Federal High Court in Warri affirms Nigerians’ constitutional right to record police officers on public duty.
• The court orders police to wear visible name tags and stop harassing citizens who record them.
• Judge awards applicant Maxwell Uwaifo N5 million in damages and N2 million in litigation costs.

A Federal High Court sitting in Warri, Delta State, has ruled that Nigerians hold a constitutional right to record police officers performing their duties in public spaces, in a decision that strengthens accountability and civil liberties protections across the country.

Justice H.A. Nganjiwa delivered the ruling Tuesday in suit No. FHC/WR/CS/87/2025, holding that police officers must wear visible name tags and display their force numbers.

The court also barred officers from harassing, intimidating, arresting, or seizing recording devices from citizens documenting their activities.

Damages awarded

The court awarded the applicant, Maxwell Uwaifo, N5 million in damages for violations of his fundamental rights and N2 million in litigation costs. The judge granted all reliefs sought by Uwaifo, reinforcing the right of citizens to document police conduct without fear of reprisal.

Uwaifo described the judgment as far-reaching. “This judgment has significant implications for policing standards, civil liberties and public accountability across Nigeria,” he said. “The court made far-reaching pronouncements on police accountability and citizens’ constitutional rights.”

Public interest suit

Uwaifo filed the suit as a public interest litigation, challenging stop-and-search operations conducted by officers without proper identification.

Respondents in the case included the Nigeria Police Force, the Police Service Commission, the Inspector-General of Police, and the Attorney-General of the Federation.

The action was filed under the Fundamental Rights (Enforcement Procedure) Rules, 2009, and cited several provisions of the 1999 Constitution, including Sections 34, 35, 36, 37, 38, 39, 41 and 46, as well as relevant articles of the African Charter on Human and Peoples’ Rights.

In the originating summons, Uwaifo asked the court to determine whether citizens can lawfully record police officers and whether harassment or arrest for doing so constitutes a violation of fundamental rights. The court answered both questions in his favor.