NHRC issues advisory to law enforcement agencies on respect for freedom of expression

The National Human Rights Commission has called for an end to arbitrary arrests, intimidation and harassment of persons, particularly journalists, activists and human rights defenders in by law enforcement agencies.

“In line with international human rights norms, law enforcement agencies must refrain from interfering with the right to freedom of expression unless necessary for the protection of public safety, order, or national security,” read an advisory signed by the Executive Secretary of the NHRC, Tony Ojukwu.

The advisory was released on Friday during the presentation of the monthly dashboard report of human rights complaints received from across the country in March at the NHRC’s office in Abuja.

“Interference may only occur under circumstances that meet the criteria of legality, necessity and proportionality, ensuring that actions taken do not unduly restrict or curtail the right to freely express opinions and ideas. Arbitrary arrests, intimidation, or threats made against individuals expressing their views, especially journalists, activists, and human rights defenders, are prohibited,” the document added.

According to Mr Ojukwu, a Senior Advocate of Nigeria, the advisory was issued under section 5(l)(m)(o) of the NHRC (Amendment) Act.

He said it aimed to address concerns about the misuse of the Cybercrime (Prohibition, Prevention, etc) (Amendment) Act, 2024, which has resulted in arbitrary arrests and impacted freedom of expression.

According to the advisory, freedom of expression is important in facilitating a developed and democratic society.

He added that it provides the opportunity for citizens to contest the policies of the government, demand accountability and exchange ideas.

“Freedom of expression helps maintain the dynamic and inclusive nature of public discourses, allowing all voices to be heard and considered,” the advisory reads in part.

Other recommendations

The advisory also recommended that the police prosecute only when there is clear and specific evidence “of an actual threat to public order, rather than vague or generalized interpretations of the law.”

The NHRC called on the Nigerian Police to respect the rights of citizens regardless of their differing opinions, and protect individuals from intimidation and harassment.

Also, the law enforcement officers must ensure that accused persons are granted fair hearing while their arrests and detention under the provision of the Cybercrimes Act must not be indefinite but according to constitutional limits.

Section 24 of the Cybercrime (Prohibition, Prevention, etc) (Amendment) Act, 2024, penalizes individuals who send messages that are pornographic in nature or knowingly send false messages which can cause a breakdown of law or pose a threat to life.

Furthermore, the commission also urged the judiciary to protect and uphold the freedom of expression by ensuring that any restriction placed should be within the ambit of the law.

While encouraging citizens to exercise their freedom of expression while respecting the rights of others, the commission noted that it remained committed to “monitoring and ensuring the protection of freedom of expression in all circumstances and will continue to advocate for a legal and institutional environment that supports the freedom of expression.”

Advisory amid growing rights violations concerns

This is the second advisory the commission is issuing in about eight months, setting guidelines for the police and other law enforcement agencies to respect specific set of rights of citizens.

In July last year, the NHRC issued a protest advisory ahead of the #EndBadGovernance protest on the “conduct and management of all protests in Nigeria and other actions leading to the enjoyment of the rights to freedom of association and peaceful assembly and other associated rights therefrom.”

But despite the advisory, security agents applied brute force against journalists and protesters during the demonstrations in Abuja and some other parts of the country.

Some citizens in Kano and some other states in the North also violated the advisory by destroying and looting public and private properties during protests.

Over 1,000 people, including minors, were arrested by the police in the wake of the August 2024 protests. The NHRC repeatedly condemned police crackdown on journalists and protesters and called on the police authorities to sanction their erring personnel.

Freedom of expression, speech under attack

NHRC’s advisories come amid growing concerns about arbitrary arrests and harassment by police and other security forces targeting individuals exercising their rights to freedom of expression and speech.

Human rights activist and Sahara Reporters publisher, Omoyele Sowore, is currently prosecution after he was arrested for describing the continued stay of the incumbent Inspector-General of Police, Kayode Egbetokun, in office as illegal.

In September, a human rights lawyer and founder of Hope Behind Bars, Funke Adeoye, was summoned by the police over her post on X concerning the detention of a 26-year-old photographer.

The police were reportedly investigating Mrs Adeoye for defamation and cyberbullying.

In October last year, the police arrested a journalist in Imo State, Chinonso Uba, popularly known as Nonso Nkwa, for allegedly engaging in cyberstalking, character defamation and misinformation.

The police stated that Mr Uba was arrested for uploading a viral video that ‘incited civil unrest’ and disseminated misinformation and inflammatory statements.

However, the police did not specifically give details of how the journalist committed the offences.