Obioma Ezenwobodo, LL.M, Lead Partner at Resolution Attorneys and Executive Director of the Policy & Legislative Advocacy Network (PLAN), has issued a compelling appeal to the Honourable Attorney General of the Federation.

In a letter dated April 14, 2025, Ezenwobodo urged the Attorney General to exercise constitutional powers under Sections 150(1) and 174 of the 1999 Constitution of Nigeria (as amended), alongside Section 105(1) of the Administration of Criminal Justice Act (ACJA) 2015, to establish guidelines regulating the video recording of suspects’ extrajudicial statements by the police and other law enforcement agencies.

The call follows the mandatory requirement for video recording suspects’ statements, as stipulated under Section 15(4) of the ACJA 2015 and reinforced by recent Supreme Court rulings in Charles v. State of Lagos (2023) and FRN v. Akaeze (2024). Ezenwobodo emphasized the need for a legal framework to address emerging challenges that undermine the reliability, authenticity, and fairness of such recordings.

Ezenwobodo outlined critical issues necessitating regulatory guidelines, including:

  • Artificial Intelligence (AI) Threats: The rise of AI deepfake technology poses risks of tampering, distortion, or fabrication of video evidence. Guidelines should incorporate digital watermarks and anti-deepfake tools to ensure authenticity.
  • Recording Standards: Specifications for high-quality audio-visual equipment and suitable recording venues are essential to prevent poor-quality recordings or environments that could intimidate suspects.
  • Camera Positioning: Cameras must capture all areas of the interrogation room to eliminate blind spots and ensure transparency.
  • Suspect Awareness: Suspects should be informed on record that their statements are being recorded, ensuring voluntariness and awareness of their rights, including the right to remain silent.
  • Procedural Safeguards: Guidelines should regulate the commencement, discontinuation, and conclusion of recordings, including mandatory introductions, cautions, and playback for suspect verification.
  • Secure Storage: Proper custody protocols, including sealing and endorsement by suspects, counsel, and officers, are vital to prevent tampering.
  • Authentication: Approval by superior officers is needed to verify the admissibility and relevance of recordings in court.

[pdf-embedder url=”https://thenigerialawyer.com/wp-content/uploads/2025/04/Ezenwobodo-Appeals-To-AGF-For-Framework-To-Implement-Supreme-Court-Rulings-On-Video-Recordings.pdf” title=”Ezenwobodo Appeals To AGF For Framework To Implement Supreme Court Rulings On Video Recordings”]

Ezenwobodo’s proposal underscores the urgency of these guidelines to protect suspects’ rights, prevent coercion, and enhance the integrity of Nigeria’s criminal justice system. “The absence of clear regulations risks undermining the gains of video recording requirements,” he noted, advocating for measures to promote transparency and reliability.

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