Human rights lawyer Inibehe Effiong has faulted a recent comment by the Inspector-General of Police (IGP), Olatunji Disu, that Nigerians should exercise restraint in filming police officers on duty.
The comment
On 17 March, the Federal High Court in Warri, Delta State delivered a landmark judgement which affirmed Nigerians’ constitutional right to record police officers while they perform their duties in public.
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During an interaction with the leadership of the Nigerian Bar Association in Abuja on Tuesday, Mr Disu said police operatives were “jostled” by the court judgement.
The IGP stressed that, in response to the judgement, Nigerians started recording police officers everywhere, including at restaurants.
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“This can be demoralising. Can we come to your offices and record you? Can we record even in the court? People coming to our offices with concealed cameras,” the IGP had said.
Lawyer fumes
While appearing as a guest on Channels TV’s The Morning Brief on Friday, Mr Effiong argued that Mr Disu’s complaints against filming of officers suggests that he might have been overwhelmed by cases of police misconduct confronting him.
The lawyer particularly faulted the IGP’s reference to anti-recording rule in Nigerian courtrooms.
He acknowledged that while it is true that filming proceedings in Nigerian courts was prohibited, it is not a situation to be proud of, especially considering that court proceedings are streamed live in Kenya, Uganda and other parts of Africa.
“So this is not something to be proud of. It is a challenge for the judiciary,” the lawyer said of the anti-filming rule in Nigerian courtrooms.
Mr Effiong clarified that while he supports calls to allow filming of court proceedings in Nigeria, such rule should not apply in all cases.
“So, the example that he (IGP) has cited is a false example. It’s a false equivalent. I do not agree with it,” he said.
The human rights lawyer then questioned the police’s concern about Nigerians filming officers on duty.
“Why do they have a problem with policemen being recorded while they are carrying out their functions? Are they scared of being shown that they are demanding bribes?
“Are they scared of being shown that they are torturing Nigerians? Are they scared of being shown that they are setting people’s backs?” he said.
Mr Effiong said contrary to the IGP’s claim, he had not seen evidence that Nigerians were filming police officers while they were eating.
“I haven’t seen that being a practice that is rampant on social media.
“So I would be happy if the police can cite some instances to portray the fact that the IGP has referenced,” he said, adding that the police chief appeared to be creating an imaginary problem.
The lawyer insisted that Nigerians have the constitutional right to record law enforcement officers while they were carrying out their responsibilities in public.
“But speaking generally, Nigerians have the right, unmistakably, to record incidents. Not just the police, but law enforcement officers generally, in the course of discharging their statutory responsibility,” he said.
He further contended that the 1999 Constitution as amended guarantees citizens rights to record officers, pointing out that even the Administration of Criminal Justice Act provides that obtaining a confessional statement from a suspect must be either in the presence of a legal practitioner of his choice, or on video record.
“So even the law is evolving to begin to accommodate that,” he said in reference to mobile devices used in recording.
Turning to Nigerians, he said: “I am encouraging Nigerians, please continue to record policemen who act unprofessionally because the courts have made it clear.”
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