“Everyone regardless of ethnicity, gender, nationality, religion, language, social or marital status has the right to express his or her opinions”
This means that the law protects the right of all Nigerians and those living in Nigeria to freedom of expression,
But the sad reality is that the opposite is the case in our dear country, it has now become a norm for the government to go after individuals who speak out their pains , or criticise government policies , and they refer to this criticisms and expressions as hate speech,
Notably according to section 39 of the Nigerian constitution in quote “Every person shall be entitled to freedom of expression, including freedom to hold opinions and to receive and impart ideas and information without interference”
But in reality this is not the case as the government has taken it upon themselves to go after anyone who is against their policies, you can agree with me that this is not the way a democratic government is supposed to be
The government blames the press and people for overstepping the limits of their right; the press and people blame the government for placing illegitimate and unlawful restriction as regards the exercise of this right.
The right to freedom of expression is a bellwether: how any society tolerates those with minority, disfavoured, or even obnoxious views will often speak to its performance on human rights more generally, In times past, the ‘90s to be precise, there was “political intolerance” towards the media, where the government jailed its critics, fired employees who did not promote or approve of their views and ideals and even subjected the media to scare tactics and intimidation, through threats of possible imprisonment. Renowned newspapers were shut down by the government.
However, inasmuch as the measures of freedom of expression have improved now, there are still questionable acts of the government against this right which can still be improved upon.
For example, there have been several allegations against former President Muhammadu Buhari for trying to cage the press and deny Nigerians freedom of expression as many feel he thinks he is still under a military regime. There were instances where security agencies went after people simply because of something they said or wrote. A series of arrests of bloggers, newspaper reporters, media houses and even a dog owner in connection with freedom of expression.
All these horrible things have been done by a Country that claims to be democratic,
And it doesn’t end there. there was the then Anti-Social Media Bill, now; another example of these questionable acts is the Frivolous Petitions (Prohibition, etc.) Bill 2015, which the Senate stated that it was not intended to cut down on the right to freedom of expression of the citizens but was intended to make people responsible for what they publish or say. However, taking a look at the provisions, one would be driven into perplexity as it criminalizes this freedom by providing rather outrageous punishments such as six months to two years imprisonment and =N= 200,000 to =N=2,000,000 fine. This makes one wonder whether this is not a rather too heavy punishment to make someone responsible for his actions.
Without doubt that the press, and some persons who have aired their views and opinions, have suffered a great deal in the hands of the Nigerian government, and as a result, expression, until recently, never had a space for breath.
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In addition to the foregoing, the press has also been found guilty of having news headlines twisted in ways they are easily misconstrued and, in most cases, the press have shown elements of bias.
In the light of the aforementioned, can it be said that the Freedom of Information Act 2011 has indeed been abused? Or should there be strict limitations to this act
I believe that It is of importance to commend the press on their fulfilment of the mandate to deliver the details of events, often regarded as news, to the people. The time and money spent on research, follow up and confirmation is something of a great deal. Some journalists have risked their reputation and lives to get the nitty-gritty of some things or events which lies at the core of government administration, particularly corruption and terrorism.
BUT ALL HOPE HAS NOT BEEN LOST; Now, while the government have their role to play in relation to the enactment of specific laws, clarification of their vagueness in certain circumstances and the further enforcement of these laws, the press also have the obligation of not overstepping boundaries expressly stated by the law. Some of these laws include the aforementioned sections of the Criminal and Penal Code. Also, section 95 of the Electoral Act 2010 (as amended) provides that no political campaign or slogan shall be tainted with abusive language directly or indirectly likely to injure religious, ethnic, tribal or sectional feelings. Thus, abusive, intemperate, slanderous or base language or insinuations or innuendoes designed or likely to provoke violent reaction or emotions shall not be employed or used in political campaigns. Or on press releases .
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In conclusion , Freedom of information in itself is a sine qua non for the fulfillment of all other rights and also important as a vital tool for democracy to thrive. First, justifiable laws on freedom of expression should be enacted. And where they already exist, they should have clear provisions as regards this right and its restrictions
The press and the people in the process of exercising this right should ensure they do this within the ambit of the necessary law(s).
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