Right to Freedom of Expression and the Law of Defamation in Nigeria

Section 39(1) of the 1999 Constitution of Nigeria guarantees freedom of expression as a fundamental right. This right is also guaranteed under the United Nations Declaration of Human Rights and other international human rights instruments. Provisions are also made in the Constitution and the respective International Instruments for restriction to, and derogation from this right. This study examined the extent to which the law of defamation has restricted freedom of expression in Nigeria and the role of the courts in balancing the two conflicting rights and interests. It was concluded that the legal requirements for proving civil defamation and the availability of defences have made it difficult for this tort to impose any meaningful restriction on the right to freedom of expression in Nigeria. However, criminal defamation and the offence of sedition are serious encroachments on freedom of expression and should be reviewed and reformed or expunged from the statute books.