BY ADEKOLA BOLUWAJI NIFEMI
Freedom of speech is a cornerstone of any democratic society, allowing citizens to express opinions, criticize government policies, and engage in open debate. In Nigeria, this right is enshrined in Section 39 of the 1999 Constitution, which guarantees every citizen the freedom to hold opinions and to receive and impart information without interference. Despite these constitutional protections, the Nigerian government has persistently violated this right through legislation, censorship, intimidation, and outright persecution. These infringements pose a severe threat to Nigeria’s democracy, civic engagement, and human rights landscape.
Legal and Constitutional Context
While the Nigerian Constitution protects freedom of speech, several laws and government actions have systematically undermined it. These include:
•Cybercrimes (Prohibition, Prevention, etc.) Act of 2015 – Used to criminalize online expression and prosecute individuals for so-called “cyberstalking” or “fake news.”
•Criminal Defamation Laws – Often invoked to silence critics, journalists, and activists.
•Terrorism (Prevention) Act – Sometimes misapplied to arrest individuals for expressing political dissent.
•The Official Secrets Act – Used to block access to government-held information and punish whistleblowers.
These laws are frequently vague or broadly interpreted, enabling authorities to clamp down on critics under the guise of national security, public safety, or morality.
Forms of Freedom of Speech Violations
1. Arrests for Social Media Posts
In recent years, there has been a sharp rise in arrests of Nigerian citizens for expressing dissenting views on social media platforms like Facebook, X (formerly Twitter), and WhatsApp.
•Example: In 2022, a student, Aminu Adamu, was arrested by security agents after tweeting criticism of the First Lady. He was detained for several days without charge.
•Example: Solomon Akuma, a pharmacist, was arrested in 2020 for a satirical tweet about the President. He remained in custody for over a year without trial.
2. Internet Censorship and Platform Bans
The Nigerian government has used internet restrictions as a tool of suppression.
•Twitter Ban (2021): The government suspended Twitter operations after the platform deleted a tweet by President Muhammadu Buhari that was deemed to violate its rules. The ban lasted over seven months and was widely condemned as an attack on freedom of expression.
•Proposed social media Bill: The Protection from Internet Falsehood and Manipulation Bill, introduced in 2019, aimed to criminalize vague concepts like “false statements” and was seen as a direct threat to digital freedom. Though not passed, the proposal itself created a chilling effect.
3. Crackdown on Protesters and Activists
Public expression through protests is also being stifled. Protesters are often dispersed with excessive force, and organizers are arrested or surveilled.
•#EndSARS Protests (2020): The youth-led protests against police brutality were met with military violence, culminating in the Lekki Toll Gate massacre. Activists and protest leaders were arrested, had their passports seized, and bank accounts frozen.
•Repression of Critics: Activists like Omoyele Sowore (Revolution Now movement) and Aisha Yesufu have faced persistent threats, arrests, and defamation campaigns.
4. Suppression of Academic and Artistic Expression
Freedom of speech violations extend to academic institutions and cultural platforms:
•Lecturers and students have been sanctioned or threatened for expressing anti-government views.
•Plays, films, and books critical of the political establishment have been censored or denied public funding or distribution.
5. Surveillance and Intimidation
The Nigerian government has invested in surveillance technologies capable of monitoring online and offline communications. Journalists, opposition figures, and civil society actors are often targeted, leading to fear and self-censorship.
•Example: Investigations revealed that the Nigerian government procured spyware tools like FinFisher and Pegasus, which can be used to track dissidents.
•Impact: Many activists now rely on encrypted messaging apps and anonymous browsing to avoid being tracked.
Impact on Democracy and Civil Rights
The consistent violation of freedom of speech has severe consequences:
•Erosion of Democratic Space: When citizens cannot freely express themselves, democratic participation is undermined.
•Stifling of Dissent and Accountability: Suppressing criticism enables corruption and poor governance to flourish unchecked.
•Exile and Self-Censorship: Many outspoken Nigerians have fled the country, while others have silenced themselves for fear of reprisal.
•Youth Disengagement: As civic spaces shrink, younger generations become disillusioned with politics and civic activism.
International Response and Criticism
Global human rights organizations and foreign governments have condemned Nigeria’s track record on free speech:
•Amnesty International and Human Rights Watch have documented numerous violations and called for urgent reforms.
•The U.S. Department of State and European Union have expressed concern over the harassment of journalists and protesters.
•Reporters Without Borders (RSF) ranks Nigeria poorly in its Press Freedom Index, and notes a general environment of hostility toward independent voices.
Recommendations for Reform
To reverse the decline in free speech protections, the Nigerian government should:
1.Amend or repeal repressive laws such as the Cybercrime Act and Official Secrets Act.
2.Ensure accountability for security agents involved in unlawful arrests and violence.
3.Strengthen judicial independence to prevent politically motivated prosecutions.
4.Educate public officials and security personnel on the rights enshrined in the Constitution.
5.Support media literacy and digital rights education to empower citizens to exercise their rights responsibly and confidently.
The violation of freedom of speech by the Nigerian government is a symptom of deeper authoritarian tendencies that threaten the country’s democratic future. In a society where fear replaces dialogue and silence replaces dissent, progress is stifled. For Nigeria to grow as a just and free nation, the right to speak, write, protest, and think must be fully respected and protected—without fear of reprisal.