NBA President Counters IGP, Defends Citizens’ Right To Record Police

The President of the Nigerian Bar Association (NBA), Oyinkansola Badejo-Okusanya, SAN, has defended the right to record police officers while carrying out their lawful duties, saying law enforcement agencies should not be afraid of transparency.

Badejo-Okusanya made the remarks while engaging the Inspector-General of Police, IGP Tunji Disu, in a discussion concerning the legality and limits of recording police officers in the course of their duties.

The NBA President said there is a need for lawyers and police officers to engage in frank discussions on the issue, stressing that both professions are partners in the effort to build a safe and vibrant society that respects the rule of law.

According to her, members of the public should not automatically be prevented from recording police officers performing their duties, while the privacy of officers and other individuals must also be protected within the limits of the law.

She said the United States’ introduction of body cameras for police officers was aimed at promoting transparency and accountability, adding that such measures also allow law enforcement officers to regulate their own conduct.

“We should not be afraid of being transparent while carrying out our duties. That’s why the USA introduced body cameras for its police officers. It makes for a better society,” she said.

Badejo-Okusanya explained that body cameras provide a mechanism through which police officers know that their actions are being recorded and can subsequently be reviewed where necessary.

She said such measures could help identify officers who engage in misconduct and ensure that they are appropriately punished, thereby serving as a deterrent to others.

“Policemen sitting down somewhere eating and people are recording them and intruding on their privacy. You know, if you don’t bring up these things and then you think about it, if you don’t put yourself in those shoes, you don’t really know these things,” she said.

“So, I’m glad for the interaction, and I’m hoping we can have frank discussions about it.

“Because I think, like I said earlier on, that we shouldn’t, as lawyers and as police officers, all partners in the same cause to ensure that we have a safe and vibrant society that respects the rule of law, we should not be afraid of being transparent in the lawful execution of our duties.”

The NBA President said the issue should not be approached by simply rejecting progressive measures but by clearly establishing the limits of what members of the public are legally permitted to do.

She explained that the introduction of body cameras by the United States police was an example of how transparency could be used to strengthen public confidence in law enforcement.

“And so, as I was saying to the IGP earlier on, when the US introduced body cams for police officers, it was in order to promote that so that you yourself, you have a check,” she said.

“You know that whatever you’re doing, you have a body camera that is recording it.

“And therefore, it makes for a better society because we regulate ourselves and the few bad eggs are able to be caught and punished appropriately to serve as a deterrent.”

Badejo-Okusanya stressed that Nigeria should not shy away from similar progressive approaches simply because questions could arise about their implementation.

She said what is required is a clear understanding of the limits of the right to record police officers and the protection of individuals’ privacy.

“So what we need to do is not run away from these kind of progressive moves. We just need to understand the limits,” she said.

She suggested that existing laws could be strengthened or properly interpreted to strike a balance between transparency in policing and the protection of privacy.

“And if we need to push for laws, for example, in the Cybercrimes law, that make it an offence to infringe on people’s privacy, right, and to delineate the extent of what recording a police officer in the exercise of duty means to serve as a deterrent, or we need to strengthen existing laws or interpret them broadly to ensure that people don’t abuse that privilege, then this is something that we should work together to achieve,” she said.

The NBA President reiterated her willingness to continue discussions with the police leadership on the matter, saying there was a need for a more robust engagement on the legal boundaries surrounding the recording of police officers.

Badejo-Okusanya also commended IGP Disu for what she described as his efforts in Lagos, noting that the Police chief had highlighted how dialogue and mutual cooperation had produced positive results in different places.

Earlier, Disu had questioned the legality and limits of citizens recording police officers while on official duty.

The IGP said a recent court judgment on the issue had encouraged Nigerians to record officers in different situations, describing the development as “very, very demoralising” for the police.

He also alleged that some people had begun recording officers in places such as restaurants, beyond public settings where they were performing official duties.

Disu appealed to the Nigerian Bar Association (NBA) to participate in a police symposium in Owerri, Imo State, where the issue would be discussed.

SOURCE: THEGUARDIAN