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PUBLIC NOTICE: FILMING POLICE OFFICERS AND CITIZENS WITHOUT CONSENT IN NIGERIA — KNOW THE LAW AND FOLLOW DUE PROCESS____ by EgbemaVoice,

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PUBLIC NOTICE: FILMING POLICE OFFICERS AND CITIZENS WITHOUT CONSENT IN NIGERIA — KNOW THE LAW AND FOLLOW DUE PROCESS____  by EgbemaVoice,

The attention of the general public is hereby drawn to the increasing trend of secretly filming individuals, including police officers, and posting such videos on social media and other internet platforms without proper understanding of the legal implications under Nigerian law.

While recent court judgments have affirmed the rights of citizens to record police officers while they are carrying out official duties in public spaces, such judgments must be properly understood and interpreted within the provisions of the Constitution of the Federal Republic of Nigeria, 1999 (as amended) and other applicable laws.

It is important to state clearly that the law does not give any citizen unrestricted power to record or publish videos of individuals including police officers without consent, especially in private or personal settings such as restaurants, beer parlours, offices, homes, hotels, or other places where privacy is reasonably expected.

The Nigerian Constitution recognizes and protects the fundamental right to privacy under:
Section 37 of the Constitution of the Federal Republic of Nigeria, 1999 (as amended):
“The privacy of citizens, their homes, correspondence, telephone conversations and telegraphic communications is hereby guaranteed and protected.”
This means that any act of secretly filming a person in a private setting, or publishing such footage without lawful justification, may amount to a violation of constitutional privacy rights and may expose the offender to legal consequences.

RELEVANT OFFENCES AND APPLICABLE LAWS

1. Violation of Right to Privacy
Under Section 37 of the Nigerian Constitution, every citizen—including police officers—is entitled to privacy and dignity. Recording a person without consent in a private environment may lead to legal action for breach of fundamental rights and claims for damages.

2. Unlawful Processing and Publication of Personal Data
Under the Nigeria Data Protection Act (NDPA), 2023, a person’s image or video constitutes personal data. Recording and sharing such material online without consent may amount to unlawful processing of personal data and can attract:
Administrative penalties
Compensation claims
Legal sanctions in serious cases

3. Cyberstalking and Online Harassment
Under Section 24 of the Cybercrimes (Prohibition, Prevention, etc.) Act, 2015, where a video is used to harass, intimidate, embarrass, shame, blackmail, or cause emotional distress, the offender may be prosecuted for cyberstalking and related offences.

4. Defamation and Damage to Reputation
Publishing or editing videos in a way that tarnishes the image or reputation of another person may amount to:
Criminal defamation
Civil liability for damages

5. Voyeurism and Obscene Recording
Recording intimate or private moments, including any form of indecent exposure or private body parts, without consent may constitute serious criminal offences under Nigerian law.

IMPORTANT LEGAL DISTINCTION

Recording Police Officers on Official Duty in Public:
Citizens may, in certain circumstances, record police officers while they are performing official duties in public spaces for accountability purposes. However, such recordings must not obstruct police operations, incite public disorder, or be manipulated to mislead or defame.
Recording Police Officers in Private or Off-Duty Settings:
The law does not permit citizens to invade the privacy of police officers—or any individual—by filming them in private settings such as restaurants, beer parlours, social gatherings, homes, or leisure spaces without consent.

CALL FOR PUBLIC EDUCATION AND RESPONSIBILITY

Members of the public are hereby advised to follow due legal procedures and educate themselves properly on the limits of recent court judgments regarding filming police officers.
The right to hold public officials accountable must always be balanced with the constitutional right to privacy and dignity guaranteed to every Nigerian citizen.

Freedom of expression must not be abused to justify unlawful surveillance, harassment, or violation of another person’s rights.
Let all citizens act responsibly, respect the law, and promote justice through lawful and peaceful means.

Writing by EgbemaVoice,

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