Police Recording: SANs Cite Court Judgment, Counter IG’s Position

Three Senior Advocates of Nigeria, Olu Daramola, Olalekan Ojo and Isiaka Olagunju, have cited a subsisting Federal High Court judgment in insisting that Nigerians have the right to record police officers while performing their duties in public spaces.

The lawyers were reacting to the position of the Inspector-General of Police, Olatunji Disu, who criticised a court decision encouraging Nigerians to record police officers, describing it as “very, very demoralising.”

Daramola said the right of citizens to record police officers on duty is backed by a subsisting judgment of the Federal High Court.

He cited the judgment delivered by Justice Hyeladzira Nganjiwa in the case of Maxwell Uwaifor v Inspector-General of Police, saying the law is settled that Nigerians can record police officers performing their duties in public spaces.

According to him, the judgment, delivered in March last year, remains binding and subsisting.

Daramola added that the court also directed police officers to wear visible name tags or force numbers and prohibited the seizure of phones or deletion of footage recorded by members of the public.

He linked the right to record public officers to Section 39 of the 1999 Constitution, which guarantees freedom of expression and the right to receive and impart information, while noting that citizens must not obstruct lawful police duties.

Ojo said recording police officers promotes transparency and helps preserve evidence, adding that it could deter misconduct and encourage officers to act professionally.

However, he cautioned citizens to consider their safety when recording police operations, particularly in situations where doing so could expose them to danger.

Olagunju said the IGP might have a point regarding privacy and safety concerns, but argued that recording public officers who fail to perform their duties properly should be encouraged.

He said such recordings could help promote accountability while also serving as evidence where misconduct occurs.