By Okechukwu Nwanguma
In August 2025, two young Nigerians – Onyeama Felix, 31, and Agboola Titilayo, 27 – were arrested and charged by the Divisional Police Officer (DPO) of Trade Fair Division, CSP Elebute Olabisi, for doing something that is perfectly lawful: recording police officers on duty.
Their “offence”? Using their mobile phones to capture police officers allegedly extorting motorists on top of the Trade Fair bridge and at the station gate. Rather than commend these citizens for civic vigilance, the DPO ordered their arrest, claiming their actions were “defamatory” and “likely to cause a breach of public peace.” They were charged under Section 168(d) of the Lagos State Criminal Law and remanded in custody pending bail.
This is not just a gross misuse of police authority – it is a flagrant violation of citizens’ rights and a disturbing attempt to criminalise accountability.
The Law and the Hypocrisy
Ironically, the same Nigeria Police Force – through its former spokesperson, Olumuyiwa Adejobi – has repeatedly affirmed that citizens have the right to record police officers in the course of their duties. In a December 2023 statement, Adejobi made it unequivocally clear:
“You can video or take pictures of policemen on duty. There is nothing wrong with that. Every policeman knows that videoing or taking pictures of them on duty is allowed and permitted. Those who attack or harass people for such are just deviants and unprofessional.”
Adejobi was right. The right to record public officials performing public functions is not only lawful but constitutionally protected. Section 39 of the 1999 Constitution (as amended) guarantees freedom of expression, which includes the right to seek, receive, and impart information and ideas through any medium. Recording police officers on duty is an exercise of that right.
Weaponising the Law Against Citizens
The DPO’s action—charging citizens under “conduct likely to cause breach of peace”—is a common, lazy pretext used by corrupt police officers to silence scrutiny. It echoes Nigeria’s old culture of impunity, where the police act as judge, jury, and executioner to protect their own.
There is nothing in the law that prohibits recording police officers on duty. On the contrary, the Police Act 2020 and the Nigeria Police Regulations emphasise transparency, accountability, and respect for citizens’ rights. The DPO’s action, therefore, constitutes abuse of office, obstruction of justice, and perversion of public duty.
If indeed the officers were performing their “lawful duties,” why should being recorded constitute “defamation”? The very anger and hostility towards being filmed betray what the recordings were likely to reveal – corruption in plain sight.
Citizens as Accountability Partners, Not Enemies
Around the world, recording law enforcement officers has become one of the most effective tools for accountability. From the George Floyd case in the United States to countless abuses documented across Africa, citizen videos have exposed misconduct, saved lives, and pushed for reform. In Nigeria too, viral recordings of police extortion and brutality have led to disciplinary actions and, in some cases, criminal prosecutions.
Citizens who document wrongdoing are not “troublemakers” – they are partners in promoting accountability. The police should see them as allies in cleansing the institution, not enemies to be crushed.
A Dangerous Precedent
If CSP Elebute’s illegal action goes unchallenged, it will embolden other officers to weaponize obscure laws against citizens exercising legitimate civic rights. It will send a chilling message: Don’t record corruption, or you’ll be jailed.
That cannot stand. The Commissioner of Police, Lagos State, and the Police Service Commission (PSC) must urgently investigate this abuse of power, sanction those involved, and ensure the immediate withdrawal of the spurious charges against Felix and Titilayo.
The Lagos State Ministry of Justice must also scrutinize the actions of the police prosecutor and the DPO for initiating malicious prosecution contrary to the spirit of the rule of law and the state’s justice reform agenda.
Rebuilding Trust Requires Consistency
Public trust in the Nigeria Police is already perilously low. Every act of hypocrisy – such as declaring one thing at Force Headquarters and doing the opposite in the field – deepens that mistrust.
If the Police Force is serious about reform and transparency, it must align its practices with its public statements. That begins with protecting citizens who record police officers, not punishing them.
In sum the arrest and prosecution of Felix and Titilayo are indefensible, unlawful, and a shameful misuse of police power. They represent a direct assault on transparency, press freedom, and the public’s right to hold law enforcement accountable.
To criminalise the act of exposing corruption is to legitimise corruption itself.
The Nigerian Police must decide whether it wants to be an institution of service and integrity – or a force of repression protecting its own rot.
Mr Okechukwu Nwanguma, Executive Director, Rule of Law and Accountability Advocacy Centre (RULAAC)
