Federal High Court Affirms Constitutional Right of Citizens to Record Police Operations

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WARRI, NIGERIA – In a landmark judgment for civil liberties, the Federal High Court sitting in Warri, Delta State, has formally affirmed the constitutional right of Nigerian citizens to record, photograph, and document police officers performing their duties in public. The ruling, delivered on Tuesday, March 17, 2026, by Justice H. A. Nganjiwa, establishes a significant legal precedent aimed at curbing police brutality and ensuring institutional accountability.

The judgment followed a fundamental rights enforcement suit, FHC/WR/CS/87/2025, filed by legal practitioner Maxwell Uwaifo, who sought judicial intervention against the harassment of citizens documenting law enforcement activities. Justice Nganjiwa ruled that any attempt by police personnel to intimidate citizens, seize mobile devices, or arrest individuals for recording them in public spaces constitutes a gross violation of the right to freedom of expression as guaranteed under Section 39 of the 1999 Constitution.

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The court issued several specific directives to the Nigeria Police Force, mandating that officers wear visible name tags and display service numbers while on duty. The judge further declared the practice of “anonymous policing”—where officers conduct operations in plain clothes without proper identification—as illegal and unconstitutional. Under this ruling, law enforcement is strictly prohibited from confiscating or searching the digital devices of citizens without a valid court order or clear legal justification.

In addition to these declaratory reliefs, the court awarded a total of ₦7 million to the applicant, comprising ₦5 million for the violation of his fundamental rights and ₦2 million in litigation costs. Legal analysts describe the verdict as a turning point for the legacy of the #EndSARS movement, providing a clear legal shield for journalists and human rights defenders. However, the court cautioned that while citizens have the right to record, they must do so without physically obstructing officers from performing their lawful duties.

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