SECTOR 1

1.4 Government honours regional and international
instruments on freedom of expression and
freedom of the media
Nigerian authorities have signed and ratified almost all international instruments
dealing with freedom of expression and of the media. Among them are the
African Charter on Human and People’s Rights and the Declaration of Principles
of Freedom of Expression in Africa. The country is also a party to more than a
dozen UN human rights conventions.4 Some of these instruments have been
domesticated and the principles they uphold integrated into certain media laws.
According to panellists, the Nigerian authorities have adopted a half-hearted
approach to honouring international conventions and instruments. While current
laws have permitted a diverse media landscape to emerge, media regulation
is still not independent. Criminal defamation, which is universally considered
unacceptable, is still in force. At the same time, state-media (federal and state
government-owned media) have not been transformed into public media in the
spirit of the Principles of Freedom of Expression in Africa. Commenting on the
national situation, one panellist said:
In as much as we are signatories to these instruments, honouring them remains
a challenge because [the authorities] still want to control the media. Honouring
[international instruments] requires going beyond ratification to implementation,
otherwise, it is only a partial commitment. State governments have been even
more reluctant in integrating universal principle in state laws.
Domestication is only one problem. Panellists said citizens have not sufficiently
claimed rights contained within international instruments through the courts.
‘Without that, there is no way of telling if they are honoured or not,’ said one
panellist. There are, however, a few notable exceptions. In 2015, a lawyer sued
the federal government for censoring the media by imposing a 24-hour notice
of live political broadcasts. The court, applying the African Charter on Human
and People’s Rights and the Universal Declaration of Human Rights, ruled that
the government-directives, issued through the NBC were illegal. In March 2019,
the Socio-Economic Rights and Accountability Project, a human rights non-profit
organisation, dragged the Nigerian government to the ECOWAS Community
Court of Justice over ‘the frequent and repressive application of the Cybercrime
Act to harass, intimidate, arbitrarily arrest, detain and unfairly prosecute anyone
found publishing views or facts perceived to be critical of the government at the
federal and state levels and government officials’. A ruling is still pending.

4

See list of UN Human rights convention signed and ratified by Nigeria. Available online at: https://lib.ohchr.org/HRBodies/
UPR/Documents/Session4/NG/NHRC_NGA_UPR_S4_2009anx_RatifiedHumanRightsInstruments.pdf.

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AFRICAN MEDIA BAROMETER NIGERIA 2019

Select target paragraph3