Upholding Court Ruling: Protecting Citizens’ Right to Record Police on Duty: A Call to Action for the IGP and Police Service Commission

Upholding Court Ruling: Protecting Citizens’ Right to Record Police on Duty: A Call to Action for the IGP and Police Service Commission

BY Daniel Nduka Okonkwo 

Allegations of excessive force, unlawful detention, and abuse of power continue to cast a shadow over policing in Nigeria, despite years of reforms aimed at restoring public trust. At the heart of the debate is police accountability, a system of internal and external checks designed to ensure that law enforcement operates legally, ethically, and transparently, with real consequences for misconduct. From civilian review boards and human rights commissions to court oversight and independent investigations, these mechanisms of accountability are being tested against persistent concerns.

Recent developments, including a landmark ruling by the Federal High Court sitting in Warri, Delta State, have affirmed the constitutional rights of Nigerians to record police officers in public spaces. Justice Hyeladzira Nganjiwa delivered the judgment in a fundamental rights enforcement suit marked FHC/WR/CS/87/2025, filed by lawyer Maxwell Nosakhare Uwaifo. The court held that citizens have the legal right to film police officers conducting stop and search operations and other duties in public.

The ruling makes it clear that filming police officers is an exercise of constitutional rights, particularly the right to freedom of expression and the public’s right to scrutinize state actors. It further establishes that police officers cannot lawfully harass, intimidate, arrest individuals, or confiscate phones and recording devices simply because they are being used to document police activities.

The court also reinforced the requirement that police officers must display visible name tags and force numbers while on duty, an essential measure for transparency and accountability.

While affirming this right, the judgment emphasizes the need for responsible conduct. Citizens are permitted to record police officers, provided they do not obstruct or interfere with legitimate law enforcement operations or compromise public safety.

The police, as an institution, must uphold this ruling and maintain their integrity by allowing citizens to exercise their constitutional rights without fear of harassment or intimidation.

This position is consistent with international standards. In the United States, federal courts have affirmed the right to record police officers in public, provided individuals do not interfere with their duties. Similarly, in the United Kingdom, citizens are allowed to film police officers as long as they do not obstruct operations or violate applicable laws.

Across these jurisdictions, the principle remains the same. Individuals must not interfere with police activities, such as getting too close during arrests, engaging in disruptive behavior, or ignoring lawful instructions meant to ensure safety. At the same time, police officers cannot legally seize devices, demand access to recordings, or delete footage without proper legal authorization.

Central to Nigeria’s accountability framework is the Police Service Commission, the body responsible for overseeing the Nigeria Police Force, reviewing disciplinary decisions, and receiving complaints from the public. Its role has become increasingly important as citizens demand greater transparency and accountability for misconduct.

In addition to institutional oversight, modern accountability tools such as body worn cameras, abbreviated as BWCs, and data driven Early Intervention Systems, abbreviated as EIS, should be introduced to monitor officer behavior and identify patterns of abuse before they escalate.

The effectiveness of these tools depends on the development and enforcement of comprehensive policies that mandate their use and define clear consequences for non compliance.

The Nigeria Police Force should introduce measures such as body worn cameras and data driven Early Intervention Systems, which are becoming integral to modern police accountability. However, their effectiveness depends largely on proper implementation and clear departmental policies. When properly deployed, these technologies can reduce the use of force, enhance accountability, and help build community trust.

Together, these mechanisms aim to strengthen public confidence in law enforcement and ensure that reforms are not merely announced but meaningfully implemented.

Daniel Nduka Okonkwo is a Nigerian investigative journalist and publisher of Profiles International Human Rights Advocate, as well as a policy analyst whose work focuses on governance, institutional accountability, and political power. He is also a human rights activist and advocate. His reporting and analysis have appeared in Sahara Reporters, African Defence Forum, Daily Intel Newspapers, Opinion Nigeria, African Angle, and other international media platforms. He writes from Nigeria and can be reached at dan.okonkwo.73@gmail.com.