Is It Illegal to Record a Conversation in Nigeria? A Clear Guide to the Law and Admissibility of Recorded Evidence

■ INTRODUCTION
In today’s Nigeria, where disputes arise in business, family matters, politics, police encounters, and everyday dealings, many people seek to protect themselves by recording conversations. Yet a common question remains: Is it illegal to record a conversation in Nigeria?
The short answer is no, Nigerian law does not expressly prohibit recording a conversation, especially where the person recording is a party to the discussion. However, the legality and admissibility of such recordings depend on how the recording was made and why it is being used.
This article explains the law in simple but authoritative terms, drawing from the Constitution, the Evidence Act, the Cybercrimes Act, and decided Nigerian cases.
1. There Is No Express Law Prohibiting Recording of Conversations
Unlike some jurisdictions with strict “two-party consent” laws, Nigeria has no statute that expressly criminalizes recording a conversation.
If you are part of the conversation, you may record:
Phone calls,
Physical meetings,
Video interactions,
Voice notes,
without needing permission from the other party.
This is essential where you want to secure yourself against fraud, threats, or future denial of an agreement.

2. When Recording Can Become Illegal
Although recording your own conversation is generally lawful, certain recordings may breach Nigerian privacy and cybercrime laws.
a. Violation of Constitutional Right to Privacy
Section 37 of the Constitution of the Federal Republic of Nigeria, 1999 (as amended) protects:
privacy of citizens,
their homes,
correspondence,
telephone conversations, and
telegraphic communications.
If you secretly record a conversation you were not a participant in, you may breach someone’s constitutional right to privacy.
b. Cybercrime (Prohibition, Prevention, etc.) Act 2015
Sections 24, 26, and 27 of the Cybercrimes Act prohibit:
unlawful interception,
recording communication not intended for you,
accessing private data without consent.
Thus, it may be illegal to:
hack phones,
record calls between two people you’re not speaking with,
intercept messages not addressed to you.
c. Criminal Intent
Recording becomes criminal if used for:
blackmail,
defamation,
intimidation,
extortion.
In such cases, the issue is not the recording itself but the illegal intent behind its use.

3. Are Recorded Conversations Admissible in Court?
Yes. Under the Evidence Act 2011, audio and video recordings are admissible if the following conditions are met:
a. Section 84 – Electronic Evidence
Recordings from:
phones,
computers,
digital devices,
CCTV, are admissible once the party tendering them:
proves authenticity,
shows relevance to the case,
explains how the recording was produced and stored,
provides a Certificate of Electronic Evidence (Section 84(4)).
b. You Must Be a Participant
Nigerian courts have consistently held that recordings made by a person who was part of the conversation are admissible.
Even secret recordings are allowed if the recorder was a participant.
c. What Nigerian Courts Have Said
Yesufu v. A.C.B. Ltd (1981) 1 SC 74
The Supreme Court stated that the manner of obtaining evidence does not matter as long as it is relevant and does not violate public policy.
These cases confirm that secretly recorded conversations can be admitted.

4. Recording Public Officers—Especially Police Officers
An important issue in Nigeria today is whether citizens may record police officers during:
searches,
arrests,
checkpoints,
roadblocks.
Since police activities occur in public spaces, and since officers perform public duties, recording such interactions generally does not violate privacy. Courts worldwide lean toward protecting the citizen where recordings expose wrongdoing or protect them from extortion.
Although Nigerian courts have not yet fully crystallized this doctrine, it aligns with:
Section 22 of the Constitution (role of the press/citizens in holding government accountable),
public interest,
transparency in public service.

5. Guidelines for Recording Conversations Safely and Legally

To stay within the law:

a. Only record conversations you are part of.
b. Do not record others secretly if you are not involved.
c. Do not use recordings to blackmail or disgrace people.
d. Keep original files unedited if you plan to use them as evidence.
e. Prepare your Section 84 Certificate when submitting to court.
f. Record police or public officers only in public spaces, preferably calmly and without obstruction.

6. CONCLUSION
● Nigeria does not prohibit recording conversations. What matters is:
your involvement,
the method of recording, and
how you intend to use the recording.

Recordings are powerful tools for truth-finding, justice, and self-protection. With proper understanding of the law, especially Section 37 of the Constitution and Section 84 of the Evidence Act, they can be safely used in court to expose wrongdoing and protect your legal rights.