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“Court Slaps Police: Nigerians Free to Film, Harassment Now Illegal”

By Passman Akpos

The Federal High Court sitting in Warri, Delta State, has delivered a landmark ruling affirming that Nigerians have the constitutional right to record police officers while performing their duties in public—an outcome widely seen as a major boost for accountability and civil liberties.

Delivering judgment on Tuesday in suit No. FHC/WR/CS/87/2025, Justice H. A. Nganjiwa held that officers of the Nigeria Police Force must wear visible name tags, clearly display their force numbers, and must not harass, intimidate, arrest, or seize devices from citizens who record their activities in public spaces

The court also awarded the applicant, Maxwell Uwaifo, N5 million in damages for the violation of his fundamental rights, along with N2 million as the cost of litigation.

In granting all the reliefs sought, the court reinforced the right of citizens to document police conduct without fear of reprisal, setting what legal observers describe as a significant precedent for policing standards in Nigeria.

Reacting to the judgment, Uwaifo described it as “far-reaching,” noting that it has profound implications for civil liberties and public accountability.

“This judgment has significant implications for policing standards, civil liberties and public accountability across Nigeria,” he said, adding that the court made sweeping pronouncements on citizens’ constitutional protections.

The suit, filed as a public interest litigation, challenged the legality of stop-and-search operations conducted by police officers who fail to properly identify themselves. It was brought under the Fundamental Rights (Enforcement Procedure) Rules, 2009.

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 application relied on multiple provisions of the 1999 Constitution—Sections 34, 35, 36, 37, 38, 39, 41, and 46—as well as relevant articles of the African Charter on Human and Peoples’ Rights.@At the heart of the case was a critical question:

whether citizens can lawfully record police officers and whether harassment or arrest for such actions constitutes a breach of fundamental rights. The court’s ruling answered firmly in the affirmative, marking a decisive moment in the push for transparency and accountability in Nigeria’s law enforcement system.

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