Is It Legal To Record a Phone Call Without Informing The Other Person?

Picture this: You’re on the phone with someone; maybe a business partner, a customer service agent, or even a friend who has a habit of denying things they’ve said. You think, “Let me record this call so I have proof.” But wait—is that even legal in Nigeria?

The big question: Is it legal?

• The Nigerian Constitution (Section 37): Guarantees the right to privacy, which includes telephone conversations.

• The Nigeria Data Protection Act (2023): Regulates how personal data—including recorded calls—is collected and used.

• The Cybercrimes (Prohibition, Prevention, etc.) Act (2015): Addresses unauthorized access to communications.

• The Evidence Act (2011): Determines whether a recorded conversation can be used in court.

One-party vs. two-party consent: How the law works

When can you record a call without permission?

• For personal record-keeping – If you’re keeping the recording for yourself and not sharing it.

• For business purposes (with implied consent) – If both parties know that calls are normally recorded (like in customer service calls).

• For legal protection – If you are gathering evidence of harassment, threats, or fraud.

• But be careful – Just because you recorded something legally doesn’t mean you can use it however you want.

When recording a call can get you into trouble

• Share it publicly (e.g., on social media)
• Use it to blackmail or threaten someone
• Misrepresent the conversation
• Use it in court without following the right legal process

Can a recorded phone call be used in court?

•  The recording must be original and unedited.
• The person presenting the recording must prove that it was obtained legally.
• If the other party did not consent, the judge may reject it on privacy grounds.