From Freedom of Expression to Freedom of Speech – the Guarantees under the Nigerian Constitution and the Real Challenges

Abstract

Right to freedom of expression is one of the globally recognized fundamental rights guaranteed and protected in many international human rights conventions, charters and other international and regional treaties and instruments. In Nigeria, the right has always been given recognision and specifically provided for in all the Nigeria’s constitutions, including the colonial and pre-independence. Even under the constitutional arrangements under the military governments, the said right is given recognition. Under the 1999 Constitution of Federal republic of Nigeria, the said right has also been prescribed for as one of the rights guaranteed for all Nigerians and anybody on the Nigerian soil. Nevertheless, it is one thing to recognize a right and it is completely another to practically implement the guarantees provided for. The Nigerian constitution is said to have given the said right with one hand and takes it away with another hand. This article critically analyses the right to freedom of expression under the Nigerian Constitution 1999 to discover whether or not the constitution as is being alleged, is really speaking from two sides of its mouth.