FREEDOM OF EXPRESSION UNDER THE 1999 CONSTITUTION OF NIGERIA: CHALLENGES AND PROSPECTS

ABSTRACT

Freedom of expression which is referred to as the power or right to express one’s opinions without censorship, restraint, or legal penalty is guaranteed under Section 39(1) of the 1999 Constitution of Nigeria. Provisions are also made in the Constitution and the respective International Instruments for restriction to, and derogation from this right. This right is also guaranteed under the United Nations Declaration of Human Rights and other international human rights instruments. This study examines the challenges and limitation of freedom of expression in Nigeria and the role of the courts in balancing the two conflicting rights and interests, since no right is absolute, there are restrictions on freedom of expression, in essence, the right to freedom of expression comes into conflict with a greater variety of interests than any other freedom and is therefore in more danger of being retrenched. It notes that the legal requirements for proving civil defamation and the availability of defenses have made it difficult for this tort to impose any meaningful restriction on the right to freedom of expression in Nigeria. It concludes with a recommendation that section 39 of the constitution which is about criminal defamation and the offence of sedition are serious encroachments on freedom of expression should be reviewed, reformed or removed from the constitution.