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RECORDING ANYONE WITHOUT THEIR CONSENT CAN LEAD TO SEVERAL YEARS IN PRISON—REGARDLESS OF WHEN THE RECORDING WAS MADE.

 RECORDING ANYONE WITHOUT THEIR CONSENT CAN LEAD TO SEVERAL YEARS IN PRISON—REGARDLESS OF WHEN THE RECORDING WAS MADE.


In Nigeria, recording someone without their consent is not only unethical—it is a potentially criminal act with serious legal consequences. This offense falls under various legal frameworks, including Cybercrimes (Prohibition, Prevention, etc..) Act, 2015, the Nigeria Data Protection Act (NDPA), 2023, and the 1999 Constitution of the Federal Republic of Nigeria (as amended). This article is a public warning: unauthorized recordings done with malicious intent may lead to imprisonment and substantial fines.


Unlawful Recordings: A Criminal Offense. If you unlawfully record anyone—whether through a phone call, hidden camera, or any other device—especially with the intent to manipulate, defame, blackmail, or use it as evidence without proper authorization, you are committing a cybercrime. Such conduct can attract a penalty of up to seven (7) years imprisonment and/or a fine running into millions of naira.


It does not matter when the recording was made—once it is used against a person without their knowledge or consent, it becomes a criminal offense. Individuals who record conversations deceptively or without lawful justification should prepare to face criminal prosecution.


Legal Frameworks Supporting the Right to Privacy. Section 37 of the 1999 Constitution (as amended) This section guarantees the privacy of citizens, their homes, correspondence, telephone conversations, and telegraphic communications. Any form of intrusion—such as secret recordings—violates this constitutional right.


Under the NDPA, personal data includes any information that can be used to identify an individual, including voice or video recordings. Collecting or processing such data without consent constitutes a breach of data protection principles, particularly those related to lawful basis, consent, and purpose limitation. Offenders risk administrative fines and potential criminal liability depending on the nature of the breach.


Cybercrimes (Prohibition, Prevention, Etc.) Act, 2015. Section 24 (Cyberstalking): This section criminalizes the use of any computer system to send or cause to be sent any communication that is grossly offensive, false, or causes annoyance or harm. This may include the malicious use of illegally obtained recordings.


Section 37 (Unlawful Interference with Data): This section prohibits the unauthorized interception, recording, or modification of any data in transit or stored in a computer or network system. Violations attract penalties of up to ₦7,000,000 and/or imprisonment for up to 3 years. In more severe cases—such as those involving intent to blackmail or harm—a longer prison term of up to 7 years may be imposed under applicable provisions.


Exceptions to the Rule. There are narrow exceptions where recording without consent may be legal—such as when it is done under a valid court order or in pursuit of overriding public interest, as recognized under Section 29 of the Cybercrimes Act. However, these circumstances are rare and strictly interpreted. Private individuals have no legal right to record others secretly or deceptively.


Unfortunately, some individuals have normalized the act of secretly recording conversations—whether during phone calls or face-to-face interactions. This behavior is unlawful. If you or someone you know has been a victim of this crime, please report the matter to Profiles International Human Rights Advocate, under the leadership of Daniel Okonkwo. We will take all necessary legal steps to ensure that the violator is prosecuted and that your rights are restored.


Even if the illegal recording took place in the past, you still have a right to seek justice—especially if you have credible evidence that the recording was made or used without your consent. The law recognizes such breaches and allows victims to pursue both criminal and civil remedies.


Anyone who records another person without their consent—particularly to harm their character, invade their privacy, or manipulate them—is committing a cybercrime. The consequences are real: up to 7 years in prison and fines of up to ₦7,000,000 or more, depending on the severity of the offense.


Let this be a final and serious warning. Nigeria’s legal system protects every citizen’s right to privacy. If you violate this right, you will be held accountable—no matter your status or excuse.


Now you know. Don’t play with the law—or you will learn the hard way.

RECORDING ANYONE WITHOUT THEIR CONSENT CAN LEAD TO SEVERAL YEARS IN PRISON—REGARDLESS OF WHEN THE RECORDING WAS MADE.

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