SECTOR 1

journalists enjoy no special privilege - including protection of their sources under the constitution. While some believe that the Supreme Court may decide
otherwise, for now the issue has not yet gone before Nigeria’s highest court and
the three-decade-old decision of the Court of Appeal remains the guiding law on
the issue.
There is clearly a legal explanation for the confusing landscape. While the
constitution guarantees freedom of expression in seemingly straightforward
terms, it also weakens citizen’s ability to fully exercise the fundamental right. While
freedom of expression is guaranteed, the constitution2 cautions that “nothing...
shall invalidate any law that is reasonably justifiable in a democratic society.”

Scores:
Individual scores:
1

Country does not meet indicator

2

Country meets only a few aspects of indicator

3

Country meets some aspects of indicator

4

Country meets most aspects of indicator

5

Country meets all aspects of the indicator

Average score:

2.8 (2008: N/A; 2011: N/A)

1.4 The government makes every effort to honour
regional and international instruments on freedom of
expression and freedom of the media.
Nigeria gets good ratings when it comes to the production of international law.
It is often one of the key players in initiating and drafting many international
and regional treaties, charters and declarations; and among the first to sign and
ratify them. Furthermore, the country’s constitution makes international legal
instruments ratified by Nigeria applicable at home by default, although they need
to be domesticated before they can be enforced in local courts. In this light,
Nigeria has ratified most African instruments related to freedom of expression,
including the African Charter on Human and People’s Rights. Indeed, most of
the laws regulating the country’s media landscape reflect some of the guiding
principles found in international instruments.
“The problem is when it comes to implementation,” a panellist said. “Many
freedom of expression cases against Nigeria have gone before African bodies and
2

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Section 39.3

AFRICAN MEDIA BAROMETER NIGERIA 2015

Select target paragraph3