The National Human Rights Commission (NHRC) has issued a stern advisory to law enforcement agencies across the country, urged them to uphold the fundamental right to freedom of expression and desist from arbitrary arrests, intimidation, and harassment of citizens, especially journalists, activists, and human rights defenders.
The advisory, signed by the NHRC’s Executive Secretary, Dr. Tony Ojukwu (SAN), was released in Abuja on Friday during the presentation of the Commission’s March Human Rights Complaints Dashboard.
“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,” the advisory stated.
Tony Ojukwu said the directive was issued under Section 5(l)(m)(o) of the NHRC (Amendment) Act and seeks to address rising concerns about the misuse of the Cybercrime (Prohibition, Prevention, etc.) (Amendment) Act, 2024, which has been linked to the violation of citizens’ rights and arbitrary detention.
The Commission emphasized that any interference with free expression must meet the conditions of legality, necessity, and proportionality, and must not unduly restrict individuals from expressing opinions or sharing ideas. It also warned that the use of vague legal provisions to justify arrests constitutes a breach of rights.
Freedom of expression, the Commission noted, is essential to the sustenance of a democratic society, enabling public participation, debate, and government accountability.
The NHRC also recommended that law enforcement agencies, particularly the Nigeria Police Force, prosecute only when there is concrete evidence of an actual threat to public order, and not based on generalized or subjective interpretations of the law.
It further urged the judiciary to safeguard the right to free expression and ensure that any legal restrictions remain within the limits prescribed by the Constitution.
The advisory comes amid a wave of high-profile arrests, including those of Sahara Reporters publisher, Omoyele Sowore, and journalist Chinonso Uba, both of whom were detained for allegedly violating provisions of the Cybercrime Act. In several other instances, the police have been accused of using cyberstalking and defamation charges to silence dissent.
While encouraging Nigerians to exercise their freedom responsibly, the Commission reiterated its commitment to monitoring violations and promoting a legal environment that supports freedom of expression and media freedom.
This is the second major advisory by the NHRC in eight months. A similar advisory was issued in July 2024 ahead of the #EndBadGovernance protests. Despite the warning, security operatives were reported to have used force against demonstrators and journalists during the protests.
The Commission condemned these actions and has repeatedly called on police authorities to investigate and discipline erring personnel.
