CHAPTER 7: - Right to Freedom of Expression: - Article 9
1.
Constitutional and Judicial Measures
Section 39 of the 1999 Nigerian Constitution guarantees the right to freedom of
expression and the press subject to the constitutional limitations of public
interest/reasonably justifiable in a democratic society.
Under Section 22 of the Constitution, on obligations of the Mass Media: - The Press,
fradio, television and other agencies of the mass media shall at all times be free to
uphold the fundamental objectives contained in chapter two of the constitution and
uphold the responsibility of the government to the people.
Recently, the Court of Appeal in the case of Sun Publishing Ltd v. Aladinma Medicare
Ltd (2016)9 NWLR (Pt.1518)P.557, held that the right to freedom of expression and of
the Press is not absolute under the Nigerian Constitution.
2.
Legislative Measure: Freedom of Information Act, 2011: The Act contains far reaching
provisions capable of transforming the clandestine system of governance that has, until now,
been the norm of Nigeria’s public institutions. The underlying philosophy of the Act is that
public officers are custodians of a public trust on behalf of the people who have a right to
know what they do. In particular, the FOIA promises to remove the aura of mystery and
exclusion with which public servants clothe the ordinary operations of government and public
institutions and mange public records and information. Below are the highlights of the ten
most significant provisions of the FOIA: - The FOIA supersedes the Official Secrets Act
(OSA); anyone can request for information under the FOIA; response to access request
should be given within 7 days; there are penalties for destruction of Records; fees may be
charged to recover costs of duplication and transcription of records; public institutions must
keep proper records; whistleblowers will be protected; some categories of information are
exempted from disclosure; there is a right of access to remedies, including judicial review;
the Federal Attorney-General Oversees proper implementation of the FOIA.
3.
Measures guaranteeing the child’s right to freedom of expression:
Section 39 of the Nigerian Constitution and Section 3 of the CRA 2003 guarantee
freedom of expression to all citizens including children. The inauguration of the Nigerian
Children’s Parliament in December 2000 has provided a forum for children to participate in
affairs affecting them and has been institutionalized. A platform for children to dialogue with
the President of Nigeria and other leaders on a regular basis is assured.
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