Right to Freedom of Expression and the Press

Section 39 of the Constitution states the following:

(1) Every person shall be entitled to freedom of expression including freedom to hold opinions and to receive and impart ideas and information without interference.

(2) Without prejudice to the generality of subsection (1) of this section, every person shall be entitled to own establish and operate any medium for the dissemination of information, ideas and opinions.

Provided that no person, other than the government of the federation or of a state or any other person or body authorized by the president on the fulfillment of conditions laid down by an Act of the National Assembly, shall own, establish or spate a television or wireless broadcasting station for any purpose whatsoever.

(3) Nothing in this section shall invalidate any law that is reasonably justifiable in a democratic society.

(a) For the purpose of preventing the disclosure of information received in confidence, maintaining the authority and independence of courts or regulating telephony wireless broadcasting television or the exhibition of cinematography films or

(b) imposing restrictions upon persons holding office under the government of the federations or of a state, members of the armed forces of the federation or member of the Nigeria police force or other government security services or agencies established by law.

The Nigerian constitution guarantees freedom of expression to every individual and the press. A person therefore has freedom to hold opinions as he will and to receive and impart ideas and information without interference. A person shall within the provisions of any Act enacted by the National Assembly be free to own, establish and operate any medium for the dissemination of information, ideas and opinions. See Archbishop Okogie v A. G. Lagos State where the Court held that the word ‘media’ is not limited to the press, but includes any medium for importing and receiving information and it includes schools and that the right to freedom of expression and the press includes the right to own a private school to receive and impart ideas and information without interference. The right to liberty of expression and the press means two broad things:

1. Right to freedom from prior censorship or restraint of publication.
2. But not freedom from the legal consequences of an unlawful criminal, mischievous or defamatory publication.

In Nigeria, the constitution permits restriction of press freedom for instance;

1. For the purpose of preventing the disclosure of information received in confidence, that is classified matters or official secrets.
2. For the purpose of maintaining the authority and independence of the courts that is the law of contempt of court.
3. For the purpose of preventing former or present public office holder under the government of the federation or of a state or local government or members of the armed forces or other security services from indulging classified information or official secret they received in the course of service to the nation.

Furthermore, the provisions of the right to freedom of expression and the press, do not invalidate any law that is reasonably justifiable in a democratic society in the interest of defence, public safety, public order, public morality, public health or for the purpose of protecting the rights and freedom of other persons, for instance against defamation and other harmful publications and so forth.

Ordinarily though by ethics of profession a journalist is not to disclose his source of information, as consolidated by the celebrated case of Tony Momoh v Senate. However, under the constitution, disclosure may be required in the interest of the state, such as, in the interest of defence, safety and order of the public where a journalist is required to disclose his source of information in the interest of the state he withholds such information at his own risk.

However, the courts are usually suspicious of laws, which impose restraints on freedom of expression, prior to publication, including onerous licensing requirements, or laws requiring permits before public assembly and speeches can be made. Ordinarily courts strictly interpret such laws to see that they must be laws that are reasonably justifiable in a democratic society.