The Lead Partner of Resolution Attorneys and Executive Director, Policy & Legislative Advocacy Network (PLAN), Obioma Ezenwobodo, has highlighted the urgent need for the Attirney General of the Federation (AGF) to exercise his powers under Sections 150 (1) and 174 of the Constitution of the Federal Republic of Nigeria, 1999 (As Altered) and Section 105 (1) of the Administration of Criminal Justice Act, 2015 (ACJA) to provide guidelines to regulate video recording of suspects’ statements by the police and other law enforcement agencies.
Ezenwobodo said some of the challenges the guidelines are seeking to address include but are not limited to Artificial Intelligence deepfake imagery and video, which are rapidly gaining ground.
He expressed concern that this poses a great challenge to video recording of suspects’ extrajudicial statements, while stressing that “there is a need for proper custody of the recorded statement to be kept and maintained so as to guard against it being tampered with.”
The full text of his 14th April 2025 letter addressed to the AGF reads:
Dear Sir,
URGENT NEED TO EXERCISE YOUR POWERS UNDER SECTIONS 150 (1) AND 174 OF THE CONSTITUTION OF THE FEDERAL REPUBLIC OF NIGERIA, 1999 (AS ALTERED) AND SECTION 105 (1) OF THE ADMINISTRATION OF CRIMINAL JUSTICE ACT, 2015 (ACJA) TO PROVIDE GUIDELINES TO REGULATE VIDEO RECORDING OF SUSPECTS’ STATEMENTS BY THE POLICE AND OTHER LAW ENFORCEMENT AGENCIES
1.0 By section 15(4) of the Administration of Criminal Justice Act (ACJA) 2015 that provides for video recording of suspects’ extra judicial statements by the Police and other law enforcements agencies and coupled with the imposition of mandatory obligation of same by the Supreme Court in the cases of Charles v. State of Lagos (2023) LPELR-60632(SC) and FRN v. Akaeze (2024) LPELR-62190(SC), there is an urgent need to provide a guideline to regulate the ever increasing video recording of suspects’ extra judicial statements by law enforcement agencies. Such guidelines will address existential challenges seriously jeopardising the intended gains and effects of video recording extrajudicial statements during interrogations. Also, the guidelines will invariably protect the rights of suspects (including the right to remain silent), guard against torture/oppression, ensure reliability/authenticity and promote accuracy of extrajudicial statements.
2.0 Some of the challenges or omissions the guidelines are seeking to address include, but are not limited to:
- Challenges of Artificial Intelligence (AI): AI deepfake imagery and video are rapidly gaining ground, and this poses a great challenge to video recording of suspects’ extrajudicial statements. With artificial intelligence in the digital space, video recording of a suspect’s statement could be altered, rearranged, manufactured, distorted or tampered with in any way while the recording is going on, during storage, or it being played in court. The criminal justice administration must, as a matter of urgency, come up with a legal framework in the form of guidelines to protect suspects’ statements from this abuse and enhance the reliability of the statements. Video recording could adopt digital watermarks and other anti-deepfake security tools to indicate the authenticity of the statement.
b. Method of Recording Statements:- The guidelines should stipulate the method or means of video recording extrajudicial statements. The guidelines will address the issues of poor or low sound quality video recordings, as anything short of this will automatically undermine the essence of such a recording. The guidelines will also provide the classes of electronic gadgets suitable for video recording.
c. Venue of Recording Statements: the venue, the nature and the arrangement of the room should be stipulated by the guidelines as they are important. The guideline should stipulate whether venues outside the police station or law enforcement agencies’ offices could be used for the recording of statements. The room should be well-lit, but should not have glaring lights that could be deployed as a torture device against a suspect.
d. Positioning of Camera During Recording of Statements:- The position of the camera is vital towards the reliability of a video recording. Guidelines should provide that the camera should capture all the corners of an interrogation room to avoid a blind spot that can be used to commit an abuse or make threatening remarks/gestures against the suspect. The camera should also be positioned to capture the face of the suspects and other persons within the room, except where the privacy of the officers needs to be protected.
e. Informing the Suspect of the Video Recording:- The guideline should provide for a suspect to be informed in the video that his statement is being recorded and may be used in court against him. The suspect should also be informed how the recording gadget works and any information that would aid in his statement. This is essential as it makes him aware of the recording and its essence. It will also guarantee the voluntariness of the statement.
f. Restriction of Movement During Recording of Statements:- The guidelines should provide restriction of unnecessary movement within the room that could impede the smooth recording of the statement and distort its understanding.
g. Commencement of Recording:- The guidelines should contain provisions for the investigating officers to introduce themselves before commencement of the recording. The suspect should equally identify himself and make a brief introduction of himself. The nature of the offence against him should also be explained to him, and be cautioned. He should also be informed of his Constitutional right to remain silent and right to have access to legal representation or any person of his choice to be present.
h. Identification of Suspect’s Facial Features, Date, Time and Others During Recording:- The guidelines should provide for identifying and capturing the facial features of the suspects to avoid any doubt on identity. The video recording should also indicate the date and time of the video recording.
- Manner of Discontinuing Recording of Statements:- The guideline should provide for the ways of discontinuing recording to avoid ‘cut and join’ clip. The reasons for discontinuance should be reasonable and realistic. The reason could be due to a mechanical fault, low memory of the recording device or the need to take a break.
j. Conclusion of interview:- There is a need for the guidelines to make provisions for the recording to be played back to the suspect to make clarifications or add additional points.
k. Custody or Storage of the Record Statements:- There is a need for proper custody of the recorded statement to be kept and maintained so as to guard against it being tampered with. The guidelines should make provision for the sealing of the recorded statement and the same endorsed with the names and signatures of both the suspects and the investigating officers. Name and signature of the suspect’s Counsel should also be captured. It should also provide for the chain of custody of the video recording to guarantee authenticity.
l. Approval and Authentication by a Superior Officer: The guidelines should provide for the Police and other law enforcement agencies to ensure that a video recording being tendered is relevant, authentic, reliable and admissible.
3.0 Based on the above-mentioned challenges/reasons, I humbly propose for exercise of your power to enact guidelines to urgently address these issues. This will greatly enhance the criminal justice administration and improve justice delivery.
4.0 Kindly accept my regards of the highest esteem as I look forward to your favourable response and action.
Yours sincerely,
Obioma Ezenwobodo LL.M
Lead Partner, Resolution Attorneys
Executive Director, Policy & Legislative Advocacy Network (PLAN)
Pioneer Chairman, Nigerian Bar Association, Garki Branch, Abuja (2022/24)
