I am very pleased to be here today to attend this timely and important meeting organized by the Socio-Economic Rights and Accountability Project (SERAP) and the Nigerian Guild of Editors (NGE) to mark the International Human Rights Day, Human Rights Day. 10 December is the day on which the United Nations General Assembly adopted, in 1948, the Universal Declaration of Human Rights.
Today therefore provides the opportunity to look at the state of media freedom and civic space in Nigeria.
It is clear that without the opportunity and space for Nigerians to organize and enjoy their human rights and to advocate and act on behalf of human rights, the constitutional goals of justice, dignity and equality would not be achieved.
According to the UN Office of the United Nations High Commissioner for Human Rights, “Civic space is the environment that enables civil society to play a role in political, economic and social life. In particular, civic space allows individuals and groups to contribute to policy-making that affects their lives, including how it is implemented.”
This civic space is increasingly under pressure in Nigeria from repressive laws and increased restrictions on freedoms to express, participate, assemble and associate. Civic space is essential for rights holders to engage on all types of rights.
The escalating restrictions on civic space and attacks on freedom of expression, media freedom and civil society organizations including online take the forms of assaults, arbitrary arrests and detentions, abductions, prosecution on trumped up charges, and retaliation against family members, and the use of Strategic Litigation against Public Participation (SLAPP) lawsuits to target journalists, activists and civil society organisations. Others include online violence, smear campaigns, targeted digital surveillance, hacking and blocking of news sites.
Journalists, human rights defenders, political activists and civil society organizations are among the most common targets of SLAPPs in Nigeria. The objective is to obstruct, intimidate and undermine the legitimate activities of civil society organizations and silence journalists and their sources, and create an environment of fear and insecurity in which self-censorship prevails to the detriment of freedom of expression.
According to the reports, security and law enforcement operatives are mostly behind attacks against journalists, activists and civil society organizations. Media houses have been threatened or shut down for political reasons in Niger, Zamfara, and other states. Some broadcast stations including Pride FM, Gamji TV and Al-Umma TV were once closed simply for airing an opposition rally.
SERAP is among civil society organizations currently facing SLAPP lawsuits simply for carrying out their legitimate activities.
The use of SLAPPs and similar procedures frequently undermine human rights, including freedoms of expression, association and peaceful assembly and the right to political participation in the country.
I’m particularly worried about the use and abuse of the Cybercrimes (Prohibition, Prevention, etc Act) (Amendment)Act 2024, which is now being weaponised by political leaders, particularly State governors to deal with perceived opponents and critics. It seems the law is the civilian version of Public Officers (Protection against False Accusations) Decree 4 of 1984, a law the Buhari junta used to hound the media, leading to the imprisonment of two The Guardian journalists, Tunde Thompson and Nduka Irabor.
Some examples would suffice.
- On 5 November 2025, the Kano police arrested two youths over Facebook post criticizing poor road project
- On November 5, 2025, Omoyele Sowore declared wanted by the Lagos State Police Commissioner for supporting protesters on the demolition of houses at Oworonsoki in Lagos
- On 25 October 2025, a postgraduate student of Ibrahim Badamasi Babangida University, Lapai, Abubakar Isah Mokwa, was arrested by the Niger state police for allegedly criticising Governor Umaru Bago of Niger State, on Facebook
- Fejiro Oliver, a Delta State-based journalist is currently facing four different charges at both the Federal High court and Magistrate court (which had no jurisdiction over cybercrimes law), on alleged cybercrimes law breaches for publishing materials against the State governor and some political actors in the state
- Even yesterday (9 December 2025), the PREMIUM TIMES reported a spokesperson of Governor Umo Eno of Akwa Ibom State, Ekerete Udo, threatening critics of the governor where he was alleged to have boasted: ‘Let me sound it loud and clear here that we are battle-tested veterans…we will vigorously, decisively and in the spirit of take no prisoners. I emphasize again, we’ll take no prisoners…be careful of what you are doing. We are watching you’, he said magisterially at the press briefing.
Journalists should not be treated as political pawns but as human beings who, at great cost to themselves, serve a critical social purpose of fulfilling people’s right to information. Indeed, the civil society including the media and non-governmental organisations have important roles to play in the efforts to achieve the effective promotion and protection of human rights and to hold governments at all levels to account for the restrictions of civic space.
SLAPP lawsuits against any journalists, activists and civil society organizations have a “chilling effect” on the exercise of freedom of expression and other human rights and fundamental freedoms which Nigeria is bound to protect pursuant to its international legal obligations. These obligations include those contained in Nigerian Constitution 1999 [as amended] and the International Covenant on Civil and Political Rights, and African Charter on Human and Peoples’ Rights to which Nigeria is a state party.
Nigerian authorities at all levels — federal government, state governments and local governments — must end continuing restrictions on civic space and use of SLAPPs against journalists, the media and CSOs in Nigeria. Nigerian authorities uphold the human rights of everyone including the rights to freedom of expression, peaceful assembly and association in the country.
Arbitrary arrests of journalists and restriction of civic space have no place in a democracy. The Tinubu administration must be guided by the rule of law in all its actions, policies and programmes.
The media, journalists NGOs working to hold governments to account and defending the human rights of other people must be allowed to continue to operate in an atmosphere conducive to the performance of their constitutional and legitimate activities.
The federal and state governments to do everything possible to protect the rights to freedom of expression, peaceful assembly, association and civic space in Nigeria. These are essential conditions for the protection of the rights of all and the vitality of democracy.
Nigerian authorities must immediately end the use of SLAPPs and the use of criminal defamation proceedings and broader misuse of judicial processes to silence public criticism and civic engagement protected under international human rights law and Nigerian Constitution.
Authorities must withdraw the SLAPP lawsuits against journalists, the media, SERAP and other civil society organizations and activists.
Rather than targeting journalists, the media and civil society organizations, Nigerian authorities must address the human rights problems deeply rooted in poverty, inequality, corruption, organized crime and weak institutions, aggravated by high levels of violence and marginalization of the vulnerable sectors of the population.
I also call on tech companies to ensure that the technologies that are essential to practise journalism are not disrupted or weaponised against journalists, the media and civil society organizations.
I cannot end this without emphasizing the decision of the Court of Appeal in 1982 in the case of Arthur Nwankwo v. The State (1985) 6NCLR 228, wherein the court struck down the sedition law, stressing that those in public office should be open to criticisms, no matter how vitriolic.
Justice Jide Olatawura said inter alia: ‘It is my view that the law of Sedition which has derogated from the freedom of speech guaranteed under this Constitution is inconsistent with the1979 Constitution more so when this cannot lead to a public disorder as envisaged under Section 41(a) of the 1979 Constitution. We are no longer the illiterates or the mob society our colonial masters had in mind when the law was promulgated. The safeguard provided under Section 50(2) is inadequate more so where the truth of what is published is no defence. To retain Section 51 of the Criminal Code in its present form, that is even if not inconsistent with the freedom of expression guaranteed by our Constitution, will be a deadly weapon and to be used at will by a corrupt government or tyrant …
‘Let us not diminish from the freedom gained from our colonial masters by resorting to laws enacted by them to suit their purpose. The decision of the founding fathers of this present Constitution which guarantees freedom of speech must include freedom to criticize should be praised and any attempt to derogate from it except as provided by the Constitution must be resisted. Those in public office should not be intolerant of criticism. Where a writer exceeds the bounds, there should be a resort to the law of libel where the plaintiff must be of necessity put his character and reputation in issue. Criticism is indispensable in a free society’.
This position was equally supported by the decision of the European Court on Human Rights in the case of Incal v. Turkey (1998) where the court held that criticism is an indispensable part of democracy.
It is also important to stress that criminalizing defamation as contained in section 373 of the Criminal Code, is retrogressive and antithetical to democratic norms. Any public officer who feels defamed should toe the path of the first civilian governor of Ogun State, Chief Bisi Onabanjo who felt defamed by National Concord in 1980. Rather than resort to self-help like today’s governors are wont to do, Onabanjo rather instituted a libel case against Concord and won and was awarded N250,000 damages in his favour.
The Federal Government should follow the footsteps of Lagos, Ekiti and Edo States which have abrogated criminal defamation in their respective states.
I look forward to contributing to the conversation on these topics, and on the recommendations on the way forward and action plan.
Thank you for your attention. God bless Nigeria.
Akinnola is the Executive Director of the Media Law Centre. He delivered the keynote address at the SERAP/NGE Roundtable to commemorate the World Human Rights Day, on 10 December 2025 at Radisson Blu Hotel, Ikeja, Lagos
