Right To Freedom Of Expression And The Law Of Defamation In Nigeria
Keywords:
Freedom of expression, Law of defamation, Constitution, Human rightAbstract
Section 39(1) of the 1999 Constitution of Nigeria guarantees freedom of expression as a fundamental right. This right is also guaranteed under the United Nations Declaration of Human Rights and other international human rights instruments. Provisions are also made in the Constitution and the respective International Instruments for restriction to, and derogation from this right. This study examined the extent to which the law of defamation has restricted freedom of expression in Nigeria and the role of the courts in balancing the two conflicting rights and interests. It was concluded that the legal requirements for proving civil defamation and the availability of defences have made it difficult for this tort to impose any meaningful restriction on the right to freedom of expression in Nigeria. However, criminal defamation and the offence of sedition are serious encroachments on freedom of expression and should be reviewed and reformed or expunged from the statute books.
References
See Chapter IV of the 1999 Constitution of Nigeria.
The Charter came into force in 1986.
E. Odike, "Right to Freedom of Expression and the Press", in Okpara Okpara, Human Right Law
and Practice (Enugu: Chenglo Ltd, 2005) at 249.
B.O. Nwabueze, The Presidential Constitution of Nigeria (London/Enugu: C. Hurst & Co. (Publishers
Ltd) in association with Nwamife Publishers Ltd 1982) at 456.
Ibid.
Decided on 7/12/1976 in Series A. N0. 24 of European Human Rights Report (EHRR) 737 at R 49.
Osita Eze: "Dissent in a Democratic Polity: Options in a Presidential System", in Y. Osinbajo and
A. Kalu, ed. Democracy and the Law (Lagos: Federal Ministry of Justice, 1999) at 134.
See also Osita Eze, Op. Cit. at 174.
O.Ogbu, Human Rights Law and Practice in Nigeria: An Introduction, (Enugu: CIDJAP Press
at 184.
Ibid, at 181.
Osita Eze, Op. Cit. at 37. It seems this does not impose any duty on government to give access to
official information to any body.
This was the judgment of the Constitutional Court of Austria delivered on 16th March 1987 - B
/86 (1987). Reported in Osita Eze, Op. Cit. at 37.
(1981) NCLR 337.
(1981) 1 Nigerian Commerical Law Report (NCLR) 21 (HC); (1984) 4 NCLR 269 (CA).
See also Adikwu v Federal House of Representatives (1982) 2 Nigerian Commerical Law Report
, where a Lagos State High Court also held that a Newspaper cannot be required to disclose the
sources of information except in grave and exceptional circumstances.
See 1979 Nig. Const., s. 36(3) (now section 39(3) of the 1999 Constitution) and 1979 Nig. Const.,
s. 41(1) (now section 45(1) of the 1999 Constitution).
Article 9(2).
(1961) 1 All Nigerian Law Report (All NLR) 182.
Ibid, at 196.
Ogbu, Op. Cit at 184.
Nwabueze, Op. Cit. at 467.
(1962) 1 All Nigeria Law Report (NLR) 324.
(1989) 4 Nigerian Weekly Law Report (NWLR) (Pt. 116) 439.
The exceptional cases include imputation of crime, imputation of disease, imputation of unchastely
and adultery to a woman or girl, imputation of unfitness or incompetence affecting professional or
business reputation.
Ibid., see also Nsirim v Nsirim (1990) 3 Nigerian Weekly Law Report (NWLR) (Pt. 138) 285;
Mamman v Salaudeen (2006) 135 LRCN 859.
Cap. 77 Law of the Federation of Nigeria (LFN), 1990 now Cap. C. 38 Laws of the Federation of
Nigeria 2004.
Cap 345 Law of the Federation of Nigeria (LFN), 1990 now Cap. P. 3 Vol. 13 Laws of the Federation
of Nigeria 2004.
Unlike in civil defamation where communication of the defamatory matter to the plaintiff alone
will not constitute publication. The defendant must have communicated it to a third party.
Rex v Adema Arubi (1935) 11 Nigeria Law Report (NLR) 27, Ogbuagu v Police (1953) 2 Nigeria
Law Report sNLR 139.
Criminal Code Act, Cap. C 38 LFN 2004 s. 377.
Ibid, s. 378.
Ibid, s. 379.
Ibid, s. 376.
Ibid, s. 50.
Ibid, s. 51.
(1985) 6 Nigerian Commerical Law Report (NCLR) 228.
B. Adetokunbo, "Impact of Military Rule on Fundamental Human Rights in Nigeria" in Okpara
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See C. Oko, "Constitutionality of Nigerian Sedition Law Arthur Nwankwo v The State" (1978 -
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(1961) All Nigeria Law Report (NLR) 269. See also Nsirim v Nsirim (1990) 3 NWLR (Pt. 138)
(2001) 85 LRCN 908.
Op. Cit. at 956, Per Ayoola JSC.
EHRR of 7/12/1976 Series A of N0. 24 at 49.
Akulega v Benue State Civil Service Commission (2001) 12 Nigeria Weekly Law Report (NWLR)
(Pt. 728) 524 at 57.
See 1999 Nig. Const., s. 45(1) (b).
Hercy and Atsegbua: An Introduction to the Nigerian Law of Torts (Benin: UNIBEN Press, 1990)
at 135.
Nwabueze, Op. Cit. at 475.
