SECTOR 1

1.3 There are no laws or parts of laws restricting freedom of expression such as excessive official secrets, libel acts, legal requirements that restrict the entry into
the journalistic profession or laws that unreasonably
interfere with the functions of media.
Nigeria’s democratic evolution means that several post-colonial and post military
rule laws have become redundant, at least in principle. The 1999 constitution
more or less disbands what it terms laws that are not “reasonable” in a democratic
society. Yet, these laws have lingered on and are frequently “resurrected” to
conveniently serve political ends. Many, if not all, of them infringe on the public
exercise of freedoms, especially freedom of expression.
A common example that has been used recently is the Criminal Code’s
provision on sedition1. Although an Appeals Court invalidated sedition in 1985
as unconstitutional, public officials still use it when it suits their purpose. It
has become common for officials to drag journalists or other citizens to court,
charging them with sedition, even if they know the court will eventually throw out
the case. The goal, it appears, is to use the process to intimidate journalists and
other opinion holders into silence. Nigeria’s struggle with the armed group Boko
Haram, and more recently the apparent re-emergence of the Biafra independence
struggle, appears to have made the use of sedition fashionable anew.
The resurging use of the “old” sedition law adds to other pieces of legislation
apparently designed to limit freedom of expression, such as the country’s Official
Secrets Act, which is considered excessive. The secrecy law is used now and
then to evade the country’s recently enacted Freedom of Information Act. In
the conflicting atmosphere of freedom of information and obligation to secrecy,
public officials are more inclined to not sharing information with the public, and
shy away from expressing their personal or professional views on a subject.
Criminal libel and defamation appear to remain the toughest roadblocks
to freedom of expression in Nigeria. On top of these, the recently enacted
Cybercrimes (Prohibition, Prevention, etc.) Act is already emerging as a serious
threat. This law was passed only this year (2015), yet, already three people
have been taken to court over things they wrote or did on the internet. This is a
“worrying development”, given the surging popularity of digital media and the
number of Nigerians switching to digital content.
While some laws appear to have direct implications on the extent to which
freedom of expression is enjoyed, some are indirect, subtle and unpredictable.
Court rulings have gone back and forth on the issue of whether Nigerian law
protects journalistic sources, with the Court of Appeal finally deciding that
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Section 50-52

AFRICAN MEDIA BAROMETER NIGERIA 2015

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