HomeNewsCourt Declares Arrest for Recording Police Unconstitutional, Awards ₦5 Million Damages

Court Declares Arrest for Recording Police Unconstitutional, Awards ₦5 Million Damages

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A Federal High Court sitting in Warri has delivered a landmark judgment affirming the right of Nigerians to record police officers in the course of their duties and declaring the practice of anonymous policing unconstitutional.

The decision was handed down by Justice H. A. Nganjiwa in Suit No: FHC/WR/CS/87/2025, filed by a Nigerian lawyer, Maxwell N. Uwaifo, against the Inspector-General of Police, the Nigeria Police Force, the Police Service Commission, and the Attorney-General of the Federation.

Uwaifo, who personally instituted and prosecuted the suit, had challenged the increasing trend of police officers conducting stop-and-search operations without proper identification, as well as the harassment of citizens who attempt to record such encounters.

He argued that the practice raised serious concerns about accountability, public safety, and abuse of power.

In its judgment, the court upheld the arguments presented by the plaintiff and made several far-reaching declarations. It held that Nigerians have the constitutional right to record police officers performing public duties and that officers must wear visible name tags, display force numbers, or otherwise carry proper identification.

The court further ruled that it is unlawful for police officers to harass, intimidate, arrest, or seize the phones of citizens for recording them, declaring faceless or anonymous policing unconstitutional.

In addition to granting all the reliefs sought, the court directed police authorities to ensure that officers are properly identifiable during operations and restrained further harassment of citizens who record police activities.

The court also awarded the sum of ₦5 million as damages and ₦2 million as cost of litigation in favour of the plaintiff.

The judgment is being widely regarded as a significant step toward strengthening police accountability and enforcing constitutional rights in Nigeria. It provides legal backing for citizens to document police conduct while setting clear standards for transparency in law enforcement operations.

Reacting to the decision, Uwaifo described it as a victory for the rule of law and civic accountability.

“This decision reinforces the principle that public power must be exercised openly and responsibly. It is about protecting citizens and strengthening the rule of law,” he said.

Observers have noted that the case highlights the growing importance of strategic litigation in addressing systemic issues in Nigeria, with legal practitioners increasingly turning to the courts to drive institutional reforms and promote accountability.

With this ruling, the court has firmly established that Nigerians can lawfully record police officers, that officers must be identifiable, and that anonymous policing has no place within the framework of constitutional governance.

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