THE RIGHT TO FREEDOM OF EXPRESSION; THE GOVERNMENT AND US!

Have you ever been told "you too talk!?" Have you ever told someone "this your mouth go put you for trouble one day?" The mouth was indeed created for talking (and of course eating). Little wonder the RIGHT TO TALK (like I would love to call it) is inalienable. Mind you, this right does not only mean talking ooh; it also includes the freedom to hold opinions and pass information in whatever medium one chooses to. However, whether this right has been truly guaranteed is what myself, Emine (DePlaymaster) and Fifi will be discussing this month. 

In 1999, freedom of expression became protected by the new Nigerian Constitution. Section 39(1) of the Constitution provides that:

“Every person shall be entitled to freedom of expression, including freedom to hold opinions and to receive and impart ideas and information without interference."

The Nigerian Constitution therefore, has made it clear that liberty of thought and freedom of expression are paramount. As a matter of fact, the freedom guaranteed under section 39 of the Constitution includes the freedom to hold an opinion and pass information without any interference whatsoever.  However, the right provided under section 39 is not an open-ended or absolute right; the right is qualified, and therefore subject to some restrictions by the provisions of section 45 of the Constitution. 

Section 45 of the Constitution provides:

 “(1) nothing in sections 37, 38, 39, 40 and 41 of this Constitution, shall invalidate any law that is reasonably justified in a democratic society - In the interest of defense, public safety, public order, public morality or public health; or for the purpose of protecting the rights and freedom of other persons…” 

Have you ever heard that "your right stops where another person's right begins?"That is what section 45 (1) of the Constitution attempts to address. Fifi will take on us on the limitations to this very necessary right later this month. 

How has the right to freedom of expression fared in Nigeria Post-1999?

Critics maintain that though measures of freedom of expression and the press have improved, there is still room for improvement. If you believe otherwise, you are wrong because there were truly times when people could not even talk about moral, religous and political issues. People believed genuinely that as long as they kept quiet, they were safe. Were they ever safe? Of course not! It may shock you to know that in 1961, the government started an operation to gain control of the press. It began with the seizure of the Morning Post's headquarter, a very prominent and important news outlet in Lagos. Quite interestingly, the government controlled it so well that the paper eventually went out of business and shut down in 1972. The attempts by the government to stifle freedom of expression did not stop there and is far from over in 2021. In fact, it has gotten worse in recent years. State actors have on different occasions targeted this right through the enforcement of laws like the National Brodcasting Commission Act, Cybercrimes Law, and most recently, the attempt to pass the Hate Speech bill into law; a law seeking to regulate social media, amongst other things. In August 2018, the Nigerian Police arrested and prosecuted Samuel Ogundipe, a journalist with the Premium Times, an online newspaper, for allegedly refusing to reveal his news sources. 

Did I hear you say 'WOW?' Lol! "You don't know warriz going on."

On April 26 2020, the Reporter without Borders World Press Freedom Index ranked Nigeria 115 out of 180 countries surveys. Reporters without Borders cited killing, detention and brutalization of journalists alongside targeted attempts to shrink the civic space by the Nigerian Government as reason for the ranking.

The events of 20.10.2020 are still very fresh in our minds. Leading up to the Lekki Toll Gate incident of the aforesaid date, Nigerian youths only stood up to exercise their right to freedom of expression; a right which is ordinarily supposed to be guaranteed under the Constitution. The unarmed citizens were met with a show of force akin to the Crocodile smile frown operation. Truly, we have a very long way to go as a nation with regards to the right to freely express one's self without the fear of being swooped by the DSS. 

Do these events mean we should refrain from expressing ourselves? Definitely not! These events should even embolden us the more to speak and exercise our right freely given to us as a Divine gift because keeping quiet doesn't guarantee your safety! Like a popular politician always says; "if you talk, you die! If you don't talk, you still die! Me ……….. I have chosen to talk and die!" If you are still wondering who this politician is, relax, Emine will tell us next week! 

Enough of the government! How about we talk about ourselves?

Is it okay to talk about how freedom of expression is faring under the government when in your home, nobody dares talk when you're talking? Is it okay to talk about it when you're the alpha and omega of your place of work/business? Everywhere becomes as quiet as a grave yard immediately your footsteps are heard from afar! Are people able and/or free to express themselves around you? Do people even breet around you abi you're the General Overseer of 'E choke ministries?' Oh! You the Chairman of "I've spoken and that's final" Association, are you not worse than the government? What of you aunty "I'm talking and you are talking", is the government not even learning from you? 

It is time we look inwards, thereby beginning from ourselves. Are your kids, friends, colleagues, relatives, etc, free to air their opinions around you? Are they allowed to "speak freely?" Truly, guaranteeing the right to freedom of expression begins with you and I. It therefore ordinarily follows, that if we all allow one another speak freely without fear or favor, when ANYBODY gets into power, EVERYBODY will speak, think and act freely! 

Happy weekend! 

Edim Effiong Edim Esq., (Shuga)