Democracy is promotive of comingling of rights and freedoms. One fundamental right is the right to freedom of speech. A citizen of the affluent world is free to speak freely and hold opinions. Every democratic nation of the world guarantees its citizens freedom of speech also known as freedom of expression. The International Bill of Human Rights, the African Charter on Human and Peoples Rights and other supranational human rights instruments guarantee freedom of expression.
In ordinary parlance, freedom of expression includes but is not limited to freedom to impart information or ideas. Another key component of freedom expression freedom of the press and the media including e-media.
Generally, freedom of expression is expansive in all ramifications and accommodates artistic creativity, academic freedom and freedom of scientific or other research interests.
In Nigeria, under the national constitution, fredom of speech allows the citizen an unfettered right to ventilate freely on any issue of his or her choice. Thus, freedom of speech is an inalienable fundamental right. Specifically, it is recognised as Right to Freedom of Expression and the Press in section 39 of the Constitution of the Federal Republic of Nigeria, 1999 as amended.
Many do not know that freedom of expression also includes the right to keep quiet or remain silent but it is never an open cheque as it is subject to certain lawful derogations or clawbacks.
We reiterate that freedom of speech includes the right to choose to remain silent or say nothing. The law frowns against self incrimination. Thus, no one can compel a fellow citizen to speak when he does not want to say anything or to keep quiet when he wants to voice out his opinion or views. That is the beauty of the freedom of expression.
Exercising the right of freedom of speech entitles the citizen to criticise or condemn government policies and government officials without let or hindrance. Freedom of speech also includes the freedom to commend as it is not limited to criticisms only.
Hence, a citizen is at liberty to commend government or government officials for living up to its or their responsibilities respectively. There is nothing untoward about this for freedom of speech breeds multiplicity of opinions.
The ramifications of the right to freedom of speech is further elongated by the provisions of the Freedom of Information Act, 2011. Thus, under this statute, there is conscious and robust liberalisation of the information order on government policies or public acts. Citizens are at liberty to seek information from government officials about public affairs. With this organic law, nothing in or about government or its activities is a secret any longer except in the overriding public interest and as judicially determined.
In a recent landmark decision handed down on 11 April, 2025 in AUSTIN OSAKU v EDOSACA SC/614/2014, the Supreme Court held that the Freedom of Information Act, 2011 applies to States. This historic judgment reinforces transparency and democratic accountability at all levels of government- federal, state and local government. In that case, the apex Court of Nigeria unanimously affirmed that the Freedom of Information Act, 2011 applies to all tiers of government, including state institutions.
This judgment of the Supreme Court has dismantled the long-held excuse by some states for refusing to comply with Freedom of Information Act, 2011 provisions due to the absence of corresponding state laws. With the Supreme Court’s pronouncement, state governments can no longer deny access to public records on the grounds of legislative non-alignment. This is a powerful energiser for civil society organisations, professional groups and ordinary citizens alike to sustain the quest for open, transparent and accountable government at all levels.
With this judgement, it will no longer be possible for overzealous or unknowing public officers to muzzle the right of Nigerians to query the activities of government ministries, departments and agents. This right to know and have access to public information extends also to the internet or other social media platforms. As Senator Shehu Sani once wrote
“People in the position of power must learn to tolerate and embrace criticisms and divergent opinions as fundamental rights; supporters of people in power must learn to tolerate and embrace criticisms from other people who thinks differently; nobody elected or appointed under a constitutional democracy should be shielded from public criticism. Whosoever voluntarily offered himself for public office has also offered himself for public scrutiny. Power is tamed upon the sustenance of the right of the people to question power. Power has dark corners, only the right to free speech can illuminate such crannies.
A combination of the right to freedom of expression and right to freedom of information entails that Nigerians can continue to speak freely without hindrance, Nigerians can demand accountability and receive prompt responses from relevant government authorities.
We welcome this development as Nigerians must seek information, discuss Nigeria and the conduct of her public officials. However, we sue for moderation and must quickly caution that as one Victor Uzoma put it- “Constructive criticism is OK. Let us desist from name calling and dishing unwarranted insult to our elected officials. Fundamental right of expression is not a right to libelous and frivolous utterances.”
We further enlighten that for every general rule there is an exception. Thus, the regular laws of the land on defamation are still there to punish those who ignorantly think that democracy is a lascivious wassail to lampoon and or denigrate the hard earned integrity of others.
Nigerian constitution and laws are for free speeches as they are recognised as inalienable fundamental right. Freedom of speech is however not freedom to speak any how, tell lies, promote hate speech. Freedom of speech is key but freedom after speech is the real freedom. This is uncommon common sense.
However, freedom of expression is not freedom to suffer diarrhoea of the mouth. Freedom of expression is not a lascivious wassail to denigrate and lampoon the integrity of others or nibble at national peace and harmonious co-existence by making irresponsible and incidiary or divisive verbiages. Freedom of expression does not extend to propaganda for war, inciting violence, mutiny or insurrection, advocacy for terrorism, harm or hatred based on race, religion or gender or ethnicity.
Freedom after speech is the real freedom of speech!
A new normal is possible!
Prof Obiaraeri N. O.
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