ADMISSIBILITY OF CONFESSIONAL STATEMENT AS A GROUND FOR CONVICTION IN NIGERIAN COURTS

Student: Bala Garba Muhammad
Supervisor: Dr Adamu Garba
HOD: Dr Abubakar Adamu Garkuwa
Department of Law
Law
Sa'adu Zungur University, Bauchi State

Abstract

ABSTRACT The right to freedom of expression is a fundamental human right recognised under both Nigerian Constitution and Islamic law. However, this right is not absolute and is subject to various limitations aimed at maintaining public order, morality, and national security. This essay provides a comparative analysis of the restrictions placed on freedom of expression under the Nigerian legal framework including the 1999 Constitution of the Federal Republic of Nigeria, the Cybercrime Act, and other statutory provisions alongside the limitations imposed under Islamic law, which are primarily derived from the Qur’an, Hadith, and Juristic Interpretations. The study explores key areas where these legal systems converge and diverge, including restrictions on blasphemy, defamation, sedition, and incitement to violence. While Nigerian law adopts a secular and domestic approach that seeks to balance individual liberties with state interests, Islamic law emphasises moral and religious considerations, often placing greater emphasis on communal harmony and religious sanctity. The essay ultimately argues that understanding these limitations within their respective legal, cultural, and religious contexts is crucial for ensuring a balanced approach to the regulation of speech in Nigeria.

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