By Ken Afor
Renowned human rights lawyer, Mr. Femi Falana, has called on the Federal Government of Nigeria to withdraw planned move to regulate social media in the country.
Mr. Falana while criticising the move said that there is no justification whatsoever to regulate social media.
In a post shared on X by the Socio-Economic Rights And Accountability Projects (SERAP), Mr. Falana, a Senior Advocate of Nigeria (SAN), while citing the Court of Appeal’s ruling in the case between Arthur Nwankwo and The State (1985) 6 NCLR 228, asserted the importance of criticism in a democratic setting, which fosters citizens’ right of freedom of expression.
On account of Judge Olatawura J.C.A.’s ruling, Mr. Falana noted that the late judge commended the drafters of the constitution and urged citizens to resist any attempt to deny them their rights.
Mr. Falana was quoted saying, “I urge the Tinubu administration to immediately withdraw the threat to regulate the social media. There is no basis for it, as the Court of Appeal made clear in the case of Arthur Nwankwo v. The State (1985) 6 NCLR 228.”
“As criticism is indispensable in a democratic society Olatawura J.C.A in that case charged the Nigerian people to defend their hard won freedom of expression at all times.
“According to Olatawura JCA: ‘The decision of the founding fathers of this present constitution which guarantees freedom of speech which must include freedom to criticize should be praised and any attempt to derogate from it except as provided in 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 of necessity put his character and reputation in issue.
“Speaking for the court, Olatawura JCA also held that: ‘We are no longer the illiterates or the mob society our colonial masters had in mind when the law was promulgated…To retain S. 51 of the Criminal Code [on sedition], in its present form, that is even if not inconsistent with the freedom of expression guaranteed by our Constitution will be a deadly weapon to be used at will by a corrupt government or a tyrant…Let us not diminish from the freedom gained from our colonial masters by resorting to laws enacted by them to suit their purpose.'”
“It’s pertinent for the government to note that there are adequate legal provisions to sanction any alleged defamatory statements or publications including non social media. Indeed, public officers who feel offended by any defamatory publication are not without remedy. They have been rightly advised by the Court of Appeal to defend their reputation and bruised ego by suing for libel in a court of law.”
