Right of Expression Under the Nigerian Constitution: Issues and Challenges
CHAPTER ONE
OBJECTIVES OF THE STUDY
The aims and objectives of this research are:
- To examine the practical application of the right of expression in Nigerian polity
- To examine the constitutional and statutory framework within which right of expression is enhanced;
- To bring to the fore various remedies available to aggrieved person in enforcing their right of expression; and
- To proffer solutions to the impediments of right of expression.
CHAPTER TWO
THE EVOLUTION OF HUMAN RIGHTS AND DEFINITION OFRIGHTS OF EXPRESSION
INTRODUCTION
The term freedom of expression according to the New Lexicon of Webster’s Dictionary, relates to the liberty of open discussion without fear of restriction, or restrain. It has acquired a technical meaning, According to Blackstone12, It consists in laying no previous restraints upon publication and not in freedom from censure for criminal matter when published.
This provision is not confined to the press as it talks of “every person”. Thus anyone, not only citizens of Nigeria but aliens alike, have the right to express themselves without any interference or censure subject only to the provision of the constitution. The idea is in-line with the Declaration of Human Right that guarantee the right of expression. Article 9 of the African Charter on Human and Peoples Right also provides that: every individual shall have the right to receive information and every individual shall have the right to express and disseminate this opinion within the law Blackstone Commentaries (1959) p 15-159.
The issue here has been guaranteed by this chapter encompassing a befitting definition along side the evolution and classification of right of expression built on the above submitted background.
DEFINITION OF RIGHT OF EXPRESSION
It is suitable to approach the definition of the subject matter by taking a look at established views with the hope that all items contained therein will lead to a comprehensive meaning for the concept Right of Expression. In that context, it may mean any of the following:
- The liberty to say or speak on any item without hindrance except by law Justice Jackson in contemplating this aspect of right of expression said in the case of S. v Ballard13 that: The price of freedom of religion, or of speech or of the press is that we must put up with or even pay for a good deal of rubbish
- The capacity of disseminate knowledge information, idea through accepted medium owned and operated by person or organization that may not have any direct connection with the press. It is worthy to not that the same approach of definition was adopted for right of express in o. Okogie v. A G of Lagos State
- Right of expression is the other synonym for press freedom. In this context, it presupposes the authority of man to communicate with his fellow beings on any issue of his choice subject to the provisions of law through Radio, Television, Newspapers, etc in order to market information and ideas. Furthermore, Alexander Hamilton15 added his voice to the argument when he said that freedom of the press is the right to publish with good motives for justifiable ends, though reflecting on the government and individuals.
It is significant to hazard a definition of right of expression from a synthesis of the foregoing. Therefore, right of expression is the input of the mind relayed to the positive act of speech or writing or channeled through other communicative devices with intent to inform or impart ideas by lawful means.
THE EVOLUTION OF RIGHT OF EXPRESSION IN NIGERIA
It is merely saying an incontestable point as an erudite scholar once canvassed, that issues connected to Human Rights in the last couple of decades perpetually radiate charm to stake holders in Africa and beyond. He opined that human right issues have bedeviled the academic industry in the last 50 years. The works on huma right in African has become enormous in size16.
- In Ballard’s case at 95
- Shivin Issa. The Concept of Human Rights in Africa, (Codesri Book Series, 1989) p 9
Interestingly, Right of Expression as an integral segment of Human Right occupies focal point of reference in both municipal17 and international instruments18. It is a facilitator to other Human Rights.
In Addition, right of expression has formed the nucleus of many National and International Conferences, Workshops19, Seminars, etc. similarly, the importance of right of expression has attracted not less a mighty organization than the United Nations to declare every 3rd May of our Calendar year as World Press Freedom Day20. Moreover, right of expression unlike other human rights, is not only palatable with divine scriptures hut ranked as old as human history. In robust approval of its ancient origin and affinity to holy books, the Holy Quran21 reserved rudiments of rights of expression therefore revealing that believers should read the name of the Lord who gave them knowledge.
CHAPTER THREE
RIGHTS OF EXPRESSION UNDER THE NIGERIA
CONSTITUTION
INTRODUCTION
The constitution and freedom of expression essentially relate to the freedom of the press and the law governing it. This is because a free press, it is said, is one of the pillars of freedom of expression in Nigeria as indeed in any other democratic
In Nigeria the concept of freedom of expression is embodied in section 39 of the 1999 constitution. This provision is line with the universal conception that freedom of the press and freedom of expression are so fundamental. Apart from section 39 of the 1999 Constitution. Section 22 of the 1999 Constitution also deals with the mass media. It should also be noted that the operation of section 39 of 1999 constitution, like other provision on fundamental Human Right, has been curtaile by section.
The implication of this is that section 45 of the 1999 constitution expressly permits derogation from the guaranteed rights provided in the section relating to fundamental human rights. It is therefore, certain that on account of defense, safety public order public morality or public health the right or freedom guaranteed under the 1999 constitution can be disregarded. This section however states that the law invalidating the right so guaranteed should be reasonably justiciable in a democratic society. The meaning of reasonably justifiable was considered iOlawoyin V A.G of Northern Nigeria54.
CHAPTER FOUR
ENFORCEMENT AND LIMITATIONS TO RIGHTS OF
EXPRESSION IN NIGERIA
INTRODUCTION
A society without freedom is grossly tyrannical and an extremely stifling, freedom without limit is anarchy, which itself leads to even worse forms of despotism. Right of expression is one form of freedom that is deliberately derogated in order to avoid the danger of catapulting its purveyors to unparallel despotism. By extension, one is left to imagine horrible scene, if for instance, the journalist is allowed to practice at large or sermons of the clergy are enshrined in our laws without any limits or equities this is even more precarious if the pressman under reference is an apologist of one sentiment or the other, hence the need for the imperatives of responsibility to be entrenched in effectuating all manner of right of expression.
With the limitation of right of expression by our civil and criminal laws; one is tempted to conclude that the general body of our civil and criminal laws is to some extent in tandem for all practical purposes to the general body of the Received English Common Law
Under the doctrines of common law, qualification is placed on right of expression by torts of defamations as well as the criminal acts of sedition and contempt of court. Hence, the title of the chapter, Judicial enforcement and Common Law limits to right of expression be considered in turn.
ENFORCEMENT OF RIGHT OF EXPRESSION IN NIGERIA
Constitutionally, enforcement of all forms of rights, remedies, duties etc are vested with Nigerian Judiciary65. Therefore, the Nigerian judiciary comprising various courts at the center66 and the state level67 are obligated to determine disputes between persons or between government and individual citizens respectively. Thus, the courts are levied with judicial powers68 to pass judgment in any dispute between litigants. On that note, it behooves that judicial power exercised by the judiciary also import penalties from judgment, decrees, orders conviction, sentence, etc. Expatiating further on the scope of judicial powers Professor Akande69 whilbanking on the case of Muksrat v United States70 poised that it is the power of a court to decide and pronounce a judgment and carry it into effect between persons and parties who bring a case before it for decision.
CHAPTER FIVE
CONCLUSION AND RECOMMENDATION
CONCLUSION
The findings in the foregoing chapters, has revealed that:
The penal provision on sedition particularly section 50 of the Criminal Code as well as sections 416, 417, 418 and 419 of the panel code are couched in such a general language that portends the likelihood of being abused by person of authority to stifle right of expression notwithstanding its constitutional warranty.
Legislations like Public Order Act, National Broadcasting Commission Act, Nigeria Television, Authority Act, News agency of Nigeria Act, etc are manifest with rubric of right of expression, yet, compose of some provisions that muscle free exercise of right of expression. For instance, it has been found that only News Agency of Nigeria has been empowered in the polity to retail news. This monopoly negative the idea of free dissemination of information and ideas as guaranteed by the constitution.
Punishing a newspaper with fine for peddling rumors and false news as constrained under section 22 of the news as contained under section 22 of the Newspaper Act has outlived realities of our time. Instead, we observed that person aggrieved by rumors or false news of any newspaper publication should be allowed recourse to civil laws for redress.
The supervisory powers given to the Minister of Information under section 6 of the National Broadcasting Commission Act are too wide and are capable of being abuse to the extent of downplaying the right to expression of those media/communication outfits whose policies are not congruent to the government of the federation. Consequently, we found that the said minister may, at his wish, either refuse or revoke licenses of those companies he dislike under one pretence or the other and this is tantamount to violation of her right of expression.
In order to erect right of expression to the desired height, the various government we have need to package a policy that will:
- Ensure easy and affordable instruments of information dissemination.
- Encourage the citizenry through rigorous campaign and enlightenment to participate in the business of information dissemination and exercise of rights of expression
The enforcement mechanism of expression under the United Nations International Commission on Human Rights as well also under the African Commission on Human Rights left much to be desired.
RECOMMENDATIONS
The following recommendations aimed at refining right of expression in Nigeria especially in our drive towards a free and democratic society becomes necessary for a more efficient and purposeful law reform.
The concept of right of expression should be extended to specifically cover such expressions as academic freedom as well as scientific findings. It should also include artistic endowments. Thus section 39 o the 1999 constitution of the Federal Republic of Nigeria should be couched in words to reflect and accommodate this recommendation.
The offence of sedition which has been sanctioned by both criminal and penal codes should be amended in such clear terms as to indicate when does right of expression becomes seditious in democratic practice and when it can be used especially by overzealous leaders to clog freedom of expression guaranteed by the constitution.
Right of expression partly entails dissemination of individual belief, culture and religion. On this score, morality plays key role in synthesizing the nature and character of right of expression in practice in our societies. To achieve credible right expression in Nigeria therefore, they should be in place sound regulation put in place by government to ensure entrenchment of morals in all means of information and communication. In particular, the National Film and Publication Board should ensure that all broadcasting matters in films, audio and visual reduction are well censored in accordance with our rule of morality.
The government of the federation should continue to support independence of the National Human Rights Commission in order to enable it achieve its laudable objectives, among which are promotion, protection and monitory of right of expression. Resources should be sufficiently availed to the commission to carry out the task of upgrading right of expression in tune with our democracy.
Non-government organizations with specific interest right of expression should form national formidable front in order to articulate a common position that is gingered towards championing proper exercise and control of right of expression, Ankle to this is tie need by the NGO’s to sponsor a campaign and enlightenment aimed at educating the citizenry on right to speech. This could be easily attained if the NGO’s enter into partnership with government agencies such as the citizenry in our democratic pursuit through information collection dissemination.
The practice of journalism in Nigeria accounts for the substantial percentage in the exercise of right of expression. With that in mind, particularly with near absent of regulations on the practice of journalism as an honourable and responsible profession, one cannot escape to make a call for standardization of rules with regard to academic and age qualification including training requirement of prospective journalist. It is thus recommended in favor of the above that for a person to qualify as a reporter, correspondent, columnist, editor in any medium of inform to such a person must have a first degree in mass communication its equivalent or in the alternative, shall possess a first degree from a recognized university in Arts or social sciences. In addition to that, the Press Council Act should be amended with empowerment to organize a compulsory post-degree programme of six month to be attended and passed by degree holders I Mass Communication desiring to practice as journalist in Nigeria. Other degree holders in Arts and Social Sciences who aspire to practice journalism should also undergo such a course, but of extended duration, say twelve months before they are allowed to practice journalism in Nigeria. It is also proper that the council should issue a practicing license to all those who attended and passed the prescribed course mentioned above. It is advisable that the syllabus of such a course should encompass courses that will enhance proper exercise of right of expression in our jurisdiction. Among other course, it is essential to encompass such courses as press freedom, human rights and ethics of journalism which are to be taught at compulsory level.
Further to the above, the following are commended as some of the disciplinary measures that can be enforced in order to inculcate standard and discipline. They include, withdrawal of a journalist practicing license, monetary fine and or closure of any information outfit.
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