RIGHT OF EXPRESSION UNDER THE NIGERIAN CONSTITUTION: ISSUES AND CHALLENGES

RIGHT OF EXPRESSION UNDER THE NIGERIAN CONSTITUTION: ISSUES AND CHALLENGES

ABSTRACT

The entrenchment of Right of Expression as a fundamental human right in Nigeria could be traced to the 1960 Independence Constitution and those that followed it. The Independence Constitution of 1960 and the Republican Constitution of 1963 have provisions for the protection of fundamental human rights. The 1979 and the 1999 constitutions went further by providing a bill of right. This entrenchment of human right provisions in our constitutions was aimed at creating a society which protects political freedom as well as the social and economic well-being of Nigerians. However, despite the guarantee of fundamental rights and liberties in the Nigerian constitutions since 1960, the country has had the misfortune of military interruption in its polity. This had profound and far reaching effects on the promotion and protection of democratic values such as freedom of expression among Nigerians. This study examines the legal framework within which freedom of expression is practiced in Nigeria due to that fact that concepts such as freedom of expression are subject to various philosophical interpretations. It gives insight into the genesis of right of expression in the modern jurisprudence and provides a proper conceptual framework of human right from which freedom of expression is derivable. The study also examines the judicial attitudes in Nigeria in interpreting the subject matter. Furthermore, some limitations to right to expression which are premised in substantive and procedural laws are also considered. The practical relevance of social justice in the enforcement of this right in Nigerian also forms part of the study.

CHAPTER ONE

GENERAL INTRODUCTION

1.0.0: INTRODUCTION

Whenever and wherever the question of human rights is discussed, there is always a clear disagreement as to its actual meaning. The only measure of agreement, however, lies in the understanding of those rights which are recognized and protected by a particular legal system. In this regard, it has also become apparent that there are other rights some prefer to call the privileges which are not recognized and protected. It is this approach that has led to the distinction between fundamental human rights on the one hand, directive principles of state policy on the other. The one is guaranteed by the constitution and enforceable while the other is essentially non-justifiable and unenforceable.

Freedom of expression as fundamental human right goes to the root of human

civilization and enlightenment. This has been affirmed universally that, every

person has the right to seek, receive and impact information without interference Today, virtually every social covenant1 acknowledges the fundamental nature of this right and asserts the right to freedom of speech. It is well known that even state with the most widely political, economics, and social policies find it necessary to recognize the right. The fact that the rights of expression can neither be trample upon nor truncated either by persons or authorities shows that it is so fundamental to existence. As an author put it, whoever must over throw the liberty of a nation just begin by subduing the freeness of speech2 Constitutionally, section 36 of the 1979 constitution (now section 39 of the (1999 constitution), stated that every citizen has the fundamental of information, ideas, and opinions, including the right to own, establish and operate any school or institution for imparting information, ideas and opinion. Section 223 of the constitution clearly out-lines the role the press thus, the radio, television and other agencies of the mass media shall at all time be free to uphold the responsibility and accountability of the government to the people. The role of a responsible press should play in any policy, irrespective of the ideological foundation on which it is based, or the ownership structure of the universal conception that freedom of press and expression are so fundamental that the law tends to obstruct any of the two ideas, cannot be properly so called.

TOPIC: RIGHT OF EXPRESSION UNDER THE NIGERIAN CONSTITUTION: ISSUES AND CHALLENGES

Chapters: 1 - 5
Delivery: Email

Number of Pages: 90

Price: 3000 NGN

In Stock

Buy the Complete Material Now