Freedom of Expression Under International Human Rights Law and Its Limitations in Nigeria

📖 ABSTRACT/OVERVIEW

This research examines the scope and limitations of freedom of expression under international human rights law, with a focus on Nigeria's domestic legal framework and recent restrictions on press freedom and online speech. The International Covenant on Civil and Political Rights (ICCPR), to which Nigeria is a party, guarantees freedom of expression while permitting limited restrictions on grounds including national security, public order, and the rights of others. The study adopts a doctrinal methodology, reviewing ICCPR provisions, the African Charter on Human and Peoples' Rights, recent UN Human Rights Committee communications, and Nigerian case law. It critically examines the application of Nigeria's Cybercrimes Act of 2015, the Nigerian Broadcasting Commission Code, and the Criminal and Penal Codes in limiting online speech, noting particular incidents in Lagos and Abuja involving journalists, bloggers, and social media users. The paper argues that several Nigerian legislative provisions exceed the permissible limitations on expression under international law, imposing vague and overbroad criminal liability that chills lawful speech. It also evaluates the independence of the Nigerian judiciary in upholding expression rights against government pressure. Findings highlight a troubling pattern of using criminal defamation and cybercrime statutes to silence critics, investigative journalists, and civil society voices. Recommendations include legislative reform of overbroad speech restrictions, the decriminalisation of defamation, and greater judicial boldness in applying international human rights standards. Keywords: freedom of expression, ICCPR, Cybercrimes Act, press freedom, Nigeria.

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