A CRITICAL EXAMINATION OF THE RIGHT TO FREEDOM OF SPEECH IN NIGERIA: A COMPARATIVE STUDY OF NIGERIA AND THE UNITED KINGDOM
Abstract
This paper examined the right to freedom of speech in Nigeria, drawing a comparative analysis with the United Kingdom. As a core democratic freedom, freedom of speech is constitutionally guaranteed in both jurisdictions, yet its practical enforcement varies due to differences in legal frameworks, institutional safeguards, and judicial interpretation. The study evaluated Section 39 of the 1999 Constitution of Nigeria (as amended) and related statutes, such as the Cybercrimes Act 2015, which have been used to curtail free expression. This paper adopted a doctrinal approach using primary and secondary sources. Comparatively, the paper explores the UK’s legal protections under the Human Rights Act 1998 and Article 10 of the European Convention on Human Rights, alongside relevant jurisprudence balancing expression with competing rights. The paper adopted a doctrinal and comparative methodology to assess how both countries define and limit freedom of speech, identifying gaps and best practices. It argued that while both jurisdictions permit certain limitations, Nigeria’s approach suffers from vague laws, weak enforcement, and executive overreach. Drawing insights from the UK, the paper recommended reforms to strengthen constitutional safeguards, ensure proportionality in limitations, and enhance judicial independence.
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