The Legal Basis of Freedom of Expression in Nigeria
R. Chude Okonkwor · eYLS (Yale Law School) · 1978
This article's purpose is to examine the legal framework within which freedom of expression is practiced in Nigeria.Because concepts such as freedom of expression are subject to various philosophical interpretations, one needs to succinctly delineate the scope of any discussion surrounding such concepts.Therefore, it is necessary to point out some basic assumptions before embarking on the substantive discussion of freedom of expression in Nigeria.The first assumption arises out of the fact that the military government presently in power in Nigeria' is regarded as transient.This is so because the mere existence of that type of government constitutes a state of emergency which negates any constitutional or legal tenets in the country. 2 As a corrollary to this state of affairs, it is assumed that Nigeria believes in a democratic form of government.The second assumption occurs because Nigeria has consistently included provisions guaranteeing freedom of expression in her constitutions since the constitution of 1958, up to and including the draft of 1976.' Thus, it is reasonable to assume that Nigeria believes in preserving this fundamental right.The last assumption concerns the legitimacy and supremacy of the constitution.Recently, Nigerians have been engaged in the constitution making process.The Constitutional Drafting Committee 4 drafted a new set of constitutional proposals, and the media pro-