By Kadiri Christopher
The Security Situation Room (SSR) has affirmed that it is outstandingly illegal for a Police officer on duty at the Police station to be digitally recorded.
In a statement signed by the convener, Douglas Ogbankwa Esq, the Room stated that, "The attention of The Security Situation Room (SSR) has been drawn to recurring claims and actions by police personnel suggesting that members of the public cannot record police officers carrying out operations outside police facilities.
The Security Situation Room categorically clarifies the distinction: while police stations and courtrooms operate under specific internal facility regulations, once police officers leave their facilities and step into public spaces—including highways, streets, stop-and-search checkpoints, and public roads—they are subject to public scrutiny, observation, and digital documentation by citizens under Nigerian law".
The Room stated further the position of the legal, sighting a case at the Federal High Court, Warri
"This position is not merely an opinion; it is backed by the Constitution, statutory laws, and landmark judicial decisions.
"Judicial Authority: Maxwell Nosakhare Uwaifo v. Inspector-General of Police & 3 Ors with suit Number: FHC/WR/CS/87/2025
"In a landmark judgment delivered on March 17, 2026, by the Federal High Court of Nigeria (Warri Judicial Division) presided over by Hon. Justice H.A. Nganjiwa:
"Right to Record Affirmed: The Court made a binding declaration that all Nigerian citizens are entitled under Section 39 of the Constitution to freely express themselves, including by recording and publishing matters of public interest, particularly the conduct of law enforcement agents performing public duties in public spaces.
"Unlawfulness of Harassment and Seizures: The Court declared that any attempt by police officers to prevent or punish recording through threats, harassment, arrest, or seizure of devices is unconstitutional, unlawful, and a gross violation of fundamental rights under Sections 34, 35, and 39 of the 1999 Constitution.
"Perpetual Injunction: The Court issued a perpetual injunction restraining the Inspector-General of Police, the Nigeria Police Force, and their agents from harassing, intimidating, threatening, arresting, or infringing upon the rights of citizens video-recording police officers on duty in public.
"Mandatory Identification: The Court held that police officers conducting stop-and-search operations without wearing full uniforms bearing visible name tags and force numbers act illegally and in breach of Section 50(4) of the Police Act, 2020.
"Damages Awarded: The Court awarded ₦5,000,000 in damages and ₦2,000,000 in legal costs against the Police for harassing a citizen attempting to record officers at a public checkpoint."
The statement touched the constitutional Foundations in the 1999 Constitution, as amended.
"Section 39 (Freedom of Expression & Press): Guarantees the right to receive, hold, and impart information and ideas without interference. Passive recording of public officials in public places is a direct exercise of this right.
"Sections 34 & 35 (Dignity & Personal Liberty): Protect citizens against arbitrary arrest, physical assault, and psychological intimidation for recording police activity."
By extension, SSR revealed the statutory Protections & Evidence Act
"Police Act, 2020 (Sections 4, 49, 50): Charges the police with maintaining public order while mandating under Section 50(4) that any officer exercising stop-and-search powers must be in uniform or wear a visible police identity card. There is no provision prohibiting recording in public spaces.
"Evidence Act, 2011 (Section 84): Explicitly recognizes electronically generated evidence. Courts have affirmed that citizens are entitled to record search operations on mobile devices to maintain accountability and present admissible evidence under Section 84(2).
"Freedom of Information Act, 2011: Mandates transparency and public accountability for all public institutions, including law enforcement agencies."
The SSR further highlighted what citizens can do legitimately in public when the occasion arise.
"Members of the public are legally empowered to record video and audio of police interactions, stop-and-search procedures, and checkpoint operations in public places, livestream or capture digital footage of public law enforcement operations for transparency, use recorded footage to substantiate complaints submitted to the Police Complaint Response Unit (CRU), the Police Service Commission (PSC), the National Human Rights Commission (NHRC), or the Courts."
The group went further, stating"WHAT POLICE OFFICERS CANNOT LAWFULLY DO"
"No police officer on public duty has the authority to confiscate, seize, search, or destroy a citizen's mobile phone or recording equipment without a valid court warrant, arrest, detain, or threaten any citizen solely for video-recording or documenting public police activities, operate in public concealed or without visible identification (name tags and force numbers) while conducting stop-and-search operations and passive recording does not constitute physical obstruction of duty. Unless a citizen actively and physically interferes with a lawful police operation, recording remains fully protected by law.
The SSR therefore called on the Police boss to respect the constitution, laws and edit from the legitimate court
"To the Inspector-General of Police (IGP), he should Immediately comply with the Federal High Court order with Suit No: FHC/WR/CS/87/2025, by issuing nationwide operational directives and training guidelines instructing all police formations to respect citizens' rights to record public duties.
"To the Police Service Commission (PSC): Enforce strict disciplinary sanctions against any officer who harasses citizens, seizes devices, or operates on public roads without visible name tags and force numbers.
"To the Nigerian Public: Exercise your constitutional rights courageously but responsibly—record from a safe, non-interfering distance, refrain from physical obstruction, and utilize footage to promote justice and institutional accountability.
The statement concluded by aligning that "Accountability strengthens law enforcement; it does not weaken it. When police officers act within the confines of the law, public recordings serve to protect and exonerate them. When abuse occurs, public recordings ensure justice.
“Sunlight is said to be the best of disinfectants," he said.
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