A courtroom is a place of solemnity and sober reflections so filming a trial in a courtroom is prohibited and illegal because it detracts from the decorum of the courtroom. The atmosphere of a courtroom is quite different from that of other public places, including being less tolerant of distractions and intrusions. While recording devices are allowed in most public places, their use in courtrooms is prohibited on the basis that it would be an intrusion upon the proceedings and also because parties to the matter might not want to be recorded in court as they may worry that the recording will somehow affect their ability to testify truthfully and effectively. Just as you wouldn’t expect to be able to record a conversation with someone without his permission, you shouldn’t expect to be able to record another's testimony during his deposition at trial.
Placing cameras in the courtroom has historically stirred controversy. Concern about media coverage of trials stems in part from past media trial circuses so in a desire to avoid a media-feeding frenzy, the issue about carrying recording devices in courtrooms was addressed in Rule 2(10) of Federal Republic of Nigeria Code of Conduct for Judicial Officers stating that:
"A Judicial Officer should prohibit broadcasting, televising, recording of or photographing in the court room and areas immediately adjacent thereto during sessions of court or recesses between sessions in order to prevent the distortion or dramatisation of the proceedings by such recording or reproduction. A Judicial Officer may authorize: (a) the broadcasting, televising, recording or photographing of investigative and other proceedings; (b) the electronic recording and reproduction of appropriate court proceedings by means of recording that will not distract participants or impair the dignity of the proceedings"
Media coverage of trials could lead lawyers to grandstand for the camera instead of focusing on the matter at hand distract trial participants, prejudice trial outcomes, and thus deprive defendants of fair trials.
An individual who attempts to record courtroom transactions without full disclosure to the court can be sanctioned and held in contempt of court. The courtroom is a space for the parties in dispute to air their grievances, and as such, it must be kept free from interference. Parties who wish to document their court proceedings will not be allowed to record court attendance with recording cell phones, laptops and iPads as well as any other type of device that can record audio or video.
Nigeria is not alone in banning recording of court proceedings; several other countries have similar rules. For example, India requires permission from all parties before recording can take place.
Although it may be tempting to record a court proceeding for your own reference or for educational purposes, you must abide by these rules if you wish to avoid legal issues with your case or being charged with contempt of court by violating these restrictions on recording activities at trials. Be it a defendant or a witness, the justice system is a bedrock of our society. It's vital to maintain the fairness of this institution in order to preserve the integrity of all its functions. The accused deserves a fair trial and the victim deserves justice.
At the end of the day, using a recording device in a courtroom is considered to be an invasion of privacy. Most people would not want a camera in their face while they are testifying or trying to argue their case.
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