By Adewole Kehinde
Section 39 of the Constitution of the Federal Republic of Nigeria, 1999 (as amended), is one of the most celebrated provisions in our democratic framework.
It guarantees every person the right to freedom of expression, including the freedom to hold opinions and to receive and impart ideas and information without interference. It is a cornerstone of democracy and a safeguard against tyranny.
However, as noble and empowering as this right is, it is increasingly being abused in Nigeria today.
Many individuals who parade themselves as “activists,” “social commentators,” or “citizen journalists” have turned freedom of expression into a license for blackmail, intimidation, and defamation.
Under the guise of “speaking truth to power,” they manufacture falsehoods, tarnish reputations, and incite public outrage without regard for facts or evidence.
The Constitution itself is clear that no right is absolute.
Section 45 of the same Constitution places limits on freedoms, including expression, where public order, morality, or the rights of other persons are threatened.
Unfortunately, this balance is often ignored. We have witnessed situations where organizations and individuals are unfairly maligned, not because they have done wrong, but because someone sees free speech as a weapon for mischief or personal gain.
It is important to stress that freedom of speech is not freedom to slander. It is not freedom to spread lies. It is not freedom to undermine institutions through malicious campaigns.
When speech crosses the line from constructive criticism to deliberate falsehood, it ceases to be a democratic right and becomes an act of sabotage.
In a digital age where social media amplifies every voice, the consequences of this abuse are even more dangerous. A single defamatory post can destroy reputations, destabilize businesses, and create unnecessary tension in society.
Ironically, those who abuse free speech in this way would be the first to run to the courts if they themselves became victims of falsehood.
Nigeria needs a more responsible culture of expression. Constructive criticism must be encouraged, and the government must continue to protect genuine free speech.
But at the same time, those who misuse Section 39 to blackmail and intimidate must be held accountable within the limits of the law.
The courts should not hesitate to impose sanctions on individuals who weaponize freedom of speech against others.
Freedom of expression is essential, but so too is responsibility. Democracy thrives when citizens use their voices to build, not to destroy.
As Nigerians, we must remind ourselves that the right to speak carries with it the duty to speak truthfully, respectfully, and responsibly.
Anything less is not free speech. It is abuse.
Adewole Kehinde is a public affairs analyst based in Abuja. 08166240846. kennyadewole@gmail.com @kennyadewole
