Criminalizing Free Speech In Nigeria

Nigeria’s 16 years of democratic rule seems to make little accommodation for free speech despite constitutional provisions which task the media with the mandate to hold government and its officials accountable to the people.

Specifically, in Chapter II section 22 of the 1999 constitution, states: “The press, radio, television and other agencies of the mass media shall at all times be free to uphold the fundamental objectives contained in this chapter and uphold the responsibility and accountability of the government to the people.”

Also, chapter II section 39 subsection (1) of the constitution further states: “Every person shall be entitled to freedom of expression, including freedom to hold opinions and to receive and impart ideas and information without interference,” Subsection (2) states that: “Without prejudice to the generality of subsection I of this section, every person shall be entitled to own, establish and operate any medium for the dissemination of information, ideas and opinions.”

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However, in the past one year, the political elite and business class has become increasingly intolerant of the media in Nigeria with state governors, government institutions like the Economic and Financial Crimes Commission (EFCC) and the police acting on political and business directives arresting journalists and bloggers, in some instances detaining them for more than the 48hours as by law to charge them to court.

The anchor of their actions is the Cybercrimes (Prohibition, Prevention) Act, 2015 ironically signed by President Goodluck Jonathan, who also empowered the media with the Freedom of Information Act.

Over the course of the year, a pro-government blogger, Abubakar Usman, was arrested for alleged cyberstalking by the EFCC; bloggers Seun Oloketuyi and Emmanuel Ojo were arrested in 2015 for offences that allegedly contravened the act. Oloketuyi was arrested for his alleged false report on bank managers, while Ojo was detained for alleging that the wife of the Ogun state governor, Mrs. Olufunso Amosun was in possession of US$300,000 when she travelled to London in 2015.

Other bloggers that have been arrested and detained include; Chris Kehinde Nwandu of CKN News; Jamil Mabai, a blogger based in the Northwestern state of Katsina, and publisher of Cliqq Magazine; Emenike Iroegbu of Abia Facts newspaper was arrested and detained on the orders of Governor Okezie Ikpeazu of Abia State; and Mr. Iroegbu Emenike in the south south state of Akwa Ibom.

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In all, these bloggers were arrested on the strength of the Cyber Crime Act when the constitution supersedes any Act of the National Assembly.

While it is a given that press freedom is not absolute, the increasing intolerance of the Nigerian political elite and business class portends grave danger to investigative journalism and inquiry into the activities of this class of people.
For instance, despite the claim by the EFCC spokesman, Wilson Uwujaren, that Mr. Usman, was arrested and detained because his activities contradicted sections of the Cyber Crime Act, he was not charged to court and released days later.

While people like Chris Kehinde and Seun Oloketuyi were remanded in prison custody, Ojo reached an “amicable settlement” with the powers in Ogun state and the case dropped.

Now, Jamil Mabai, who blogged on the state’s purchase of 3,000 coffins and distributed to mosques in Katsina state is to spend 7 days in prison before his fate would be decided by the court by September 30, 2016.

Mr. Inibehe Effiong, ESQ, convener, Coalition of Human Rights Defenders (COHRD), on the arrest of Emenike then expressed the worry over the development, warning that it does not augur well for Nigeria’s fledgling democracy.

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“Without prejudice to whatever reason may have motivated the arrest and detention of the blogger, it is very worrisome that the fundamental right to freedom of expression guaranteed by Section 39 of the Constitution of the Federal Republic of Nigeria 1999 (as amended) is being eroded at an alarming and unprecedented level since the inception of the current dispensation.”

He stressed that, “The SSS and other security agencies should resist the emerging capricious proclivities of political office holders to use security agencies to clampdown on Nigerians for exercising their constitutional liberties. Democracy is being threatened in Nigeria by the rising display of intolerance to free speech.

“Will the SSS and other security agencies be willing to arrest, detain and prosecute every Nigerian that is accused of making offensive or derogatory publication and statement? The security agencies should not be seen to be massaging the egos of the influential members of the society.

“Those who believe that their reputation have been lowered in the eyes of right thinking members of the society should explore the legal option by seeking redress in a court of law.”

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