Over the years, the police in Nigeria have been notoriously famous for committing abuse, torture and extortion of citizens with relative impunity. The impunity led to the Oct. 2020 EndSars protest, which gained global momentum for the alleged extrajudicial killings that followed it.
Recently, the social media platform X was flooded with a clip showing a police officer ordering an unidentified man to halt recording the officer’s stop-and-search.
“Put that thing inside your bag,” said the cop clad in the force’s regalia, as the man insisted on recording his bag.
This video has been shared by other social media users on X, Facebook and Instagram.
A review of the comment section under the posts shows it ignited concern among Nigerians, many of whom wondered if the officer’s words and actions did not pose a threat of intimidation to the man he was addressing.
For instance, @Realwilsoneric commented: “Why are they scared of being recorded if not that they want to do evil.”
To help readers understand the issue, DUBAWA put together an explainer to examine whether it is illegal under Nigerian laws to record a police officer performing a public duty.
What does the law say?
To begin with, we checked Section 39 of the 1999 Constitution, which guarantees the right to freedom of expression, including the liberty to hold opinions and to receive/impart information without any restrictions.
For further clarification of this provision, DUBAWA spoke to Lawal Awwal, an Abuja-based legal practitioner.
He explained that while police have the right to engage in activities to maintain law and order, such activities must be carried out in line with the Constitution and the Police Act, which seek to protect citizens’ interests.
“Legally speaking, police powers are not unlimited, so they should be exercised in such a way that constitutional safeguards (such as freedom of movement, dignity of human persons) are upheld,” he said.
Acknowledging that Nigeria has weak laws, the lawyer argued that victims of police intimidation can still seek legal redress or approach supervisory agencies.
DUBAWA also spoke to Fakunle Ikeoluwapo, a legal associate with Iris Attorneys LP, who agreed with Lawal’s position. She stressed that the wording of Section 39 of the Constitution exists to protect that, citing the recent court judgment in Maxwell Uwaifo v. Inspector General of Police (2026).
We checked the details of the case cited by the lawyer. In that case, Uwaifo approached the Federal High Court in Warri, Delta State, to determine whether the prevention, threat, or intimidation of citizens from filming, recording, or documenting police officers during official duties violates the constitutional rights to freedom of expression, the press, and access to information.
Delivering judgment, the court held that all Nigerian citizens have the right to record police officers performing their duties, including during a road search or traffic stop, to document and subsequently disseminate such information for accountability, provided that the citizen does not physically obstruct or interfere with the officers.
The Nigerian court also explained that the right to record the actions of police officers, especially as regards the stop-and-search of vehicles or property, is guaranteed under the citizen’s right to privacy, as enshrined in the 1999 Constitution.
Fakunle said the court added that police officers must wear visible name tags and display force numbers or proper identification, adding that it is unlawful for police to harass, intimidate, arrest, or seize devices from citizens who record them.
“Nigerian citizens should feel reassured at the sight of a police officer. Instead, the approaching flash of a police vehicle triggers instant dread and unease. It is unfortunate that instinct comes through years of harassment, extortion, and brutality at the hands of those sworn to serve and persists,” she added.
Conclusion
Our findings indicate that every Nigerian has the power to record the police officers in the country whenever they are performing their public duties on roads. i
Hence, it is not illegal to film during a police stop-and-search operation as seen in the X clip. Such a recording serves as admissible documentary evidence in court in cases of unlawful intimidation and harassment.