GOV. IBIKUNLE AMOSUN: FREEDOM OF SPEECH ABSOLUTE OR NOT

A 31 years old Waliu Ogunnoiki was arraigned before the Sagamu Magistrate court for allegedly posting a negative remark on the face book wall of the Ogun state governor, saying that Ogun state government has demolished some citizens house without compensating them accordingly, a statement the government say they find unacceptable as it is capable of inciting the citizen against the government.

Waliu Ogunnoiki pleaded not guilty to the two count charged when read to him,the Chief Magistrate granted him bail in the sum of N400,000 with two sureties in like sum..........Culled from Linda Ikeji’s Blog.

The question to ask is whether there is freedom of speech and if such freedom is absolute?

Freedom of speech is a political right to communicate one’s opinion and ideas using body, sounds etc to anyone who is willing to receive it. This is also an act of impacting information, seeking, receiving ideas regardless of the medium used.

The right to freedom of expression is recognized as a human right which should not be taken away except in certain instances that shall be discussed below by virtue of Section 39 of the 1999 Constitution Of the Federal Republic of Nigeria which state that every person shall be entitled to freedom of expression including to hold opinions and to receive and impart ideas and information without interference, Article 19 of the Universal Declaration of Human Rights which states that everyone shall have the right to hold opinions without interference  and everyone shall have the right to freedom of expression, a freedom to seek, receive, impart information and ideas of all kind but the exercise of these rights carries special duties and responsibilities and may therefore subject to some restrictions.

When will one’s right to freedom of speech violated?

The right to express oneself though free but restricted to some degrees which are Libel, Slander, hate speech, classified information and many more, whether these limitations can be justified depends on whether such speech influence a third party opinion or actions adversely to an innocent party, for respect of rights and reputation of others, protection of national securities, public order or morals.

Note that we won’t be able to say whether Waliu Ognnoiki’s action is capable of inciting the citizens against the government because the matter is before a competent court of Law.

Thank you.

Oyenike Alliyu-Adebiyi LLB(hons)BL