Nigerian court asserts public’s right to film arrests
In a significant ruling, an Edo State Magistrate Court has upheld the rights of Nigerian citizens to record videos and take pictures of arrests and other incidents in public places.
The case in question involved the arrest of Brighton Odion, a tricycle rider, by operatives of the Nigeria Police Force, New Etete Division, on July 26, 2022.
Odion was apprehended while riding along Limit Road, off Sapele Road in Benin City, where tricycle riding had been prohibited.
The police accused Brighton Odion of violating the governor’s order on riding in a restricted area and subsequently charged him to court when he refused to bribe them.
Additionally, the police arrested Mr. Vision Nelson for taking pictures of Odion’s arrest using his Android phone. Nelson was charged alongside Odion for being an unregistered photographer, an unlicensed journalist, and using his device to record the arrest.
However, on Thursday, the Chief Magistrate in Evbuoriaria Magistrate Court 5, Sapele Road, Benin City, delivered judgment in favor of the accused.
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The court ruled that “videoing or recording in a public place is not an offence, citizens have rights to do recordings anywhere, anytime.”
Furthermore, the magistrate clarified that there is no law in Edo State banning or restricting the movement of tricycles (keke) from major roads or streets.
“Tricycles can move from one point to another without any form of restriction,” the court said.
Consequently, the court struck out the charges against both Brighton Odion and Mr. Vision Nelson, stating that the case lacked merit, and the police were unable to prove their case beyond a reasonable doubt. The judge ruled that the case should be struck out for lack of merit before the law.
Reacting to the judgment in a statement issued on Friday, the Interim Public Relations Officer, EDOCSO, Leftist Aliyu Umweni, said, “Justice can be delayed but can never be denied.”
The group called on the leadership of the Nigeria Police Force to deploy personnel with requisite knowledge of both the Police Act and the constitution of the Federal Republic of Nigeria to head police formations.
They emphasized the importance of putting only well-trained, educated, and exposed personnel in charge to reduce similar embarrassment and ridicule to the force.
Umweni continued, “It would appear the police just want to charge suspects to court for charging sake without minding the final implication of the outcome which are not limited to making a caricature of the force and emboldening criminals to challenge such charge in court and not to talk about the wastage of time, resources of the country for frivolous and unintelligent pursuit of a non-existent criminal case.”
“If the institutions in Nigeria know what they are doing, the DPO or whoever charged this case to court would be reprimanded and possibly defaulted for dragging the police force into ridicule and shame,” he added.
“At any rate, the statement has been made loud and clear that the court is made for everyone to sue for justice and truth. We will continue to urge citizens to pursue matters in court. The day citizens will wake up and start suing intimidating and oppressive institutions in Nigeria, only then we will be on our way to total liberation from the internal feudal lords.”
“Going forward, any more harassment of tricycle riders in Edo State by police officers would be seen as contempt of court and the appropriate steps will be taken on such officer(s). EDOCSO will ensure the full wrath of the law takes its course. Those that have heard this should inform those that have not.”
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