Section 2. Respect for Civil Liberties, Including:
Although the constitution and law provide for freedom of speech and press, the government restricted these rights at times.
Freedom of Speech: The constitution entitles every individual to “freedom of expression, including freedom to hold opinions and to receive and impart ideas and information without interference.” Although federal and state governments usually respected this right, there were reported cases in which the government abridged the right to speech and other expression. Authorities in the north at times restricted free speech by labeling it blasphemy.
Freedom of Press and Media, Including Online Media: A large and vibrant private domestic press frequently criticized the government, but critics reported being subjected to threats, intimidation, arrest, detention, and sometimes violence.
At times civilian leaders instructed security forces to harass journalists covering sensitive topics such as human right abuses, electoral malpractices, high-level public corruption, and the government’s war against terrorism.
Violence and Harassment: Security services detained and harassed journalists, sometimes for reporting on sensitive problems such as political corruption and security. Security services including the DSS and police occasionally arrested and detained journalists who criticized the government. Moreover, army personnel in some cases threatened civilians who provided, or were perceived to have provided, information to journalists or NGOs on misconduct by the military. On at least six occasions, journalists were charged with treason, economic sabotage, or fraud when uncovering corruption or public protests.
Numerous journalists were killed, detained, abducted, or arrested during the year.
On January 21, Alex Ogbu, a reporter for the RegentAfrica Times magazine and website, was shot and killed in a cross fire while covering an IMN protest in Abuja.
On October 24, police arrested Onifade Pelumi, an intern reporter for Gboah TV, as he conducted interviews in a crowd gathered outside a food warehouse in Agege near Lagos. His family was unable to locate him until his body was found in a Lagos morgue two weeks later.
On November 28, soldiers assaulted and detained Voice of America Hausa-service reporter Grace Abdu in Port Harcourt, Rivers State. Abdu was interviewing residents of the Oyigbo community about allegations the army had committed extrajudicial killings of members of the proscribed separatist group the Indigenous People of Biafra (IPOB), as well as killed or indiscriminately arrested civilians during a crackdown against IPOB. She was released later that afternoon.
Censorship or Content Restrictions: The government controlled much of the electronic media through the National Broadcasting Commission (NBC), which is responsible for monitoring and regulating broadcast media. The law prohibits local television stations from transmitting programming from other countries except for special religious programs, sports programs, or events of national interest. Cable and satellite transmission was less restricted. For example, the NBC permitted live transmission of foreign news and programs on cable and satellite networks, but they were required to dedicate 20 percent of their programming time to local content.
The government used regulatory oversight to restrict press freedom, notably clamping down on television and radio stations. Citing violations of amendments to the sixth edition of the Nigeria Broadcasting Code, in August the NBC fined local radio station Nigeria Info 99.3 FM for comments by the former deputy governor of the Central Bank of Nigeria, Obadiah Mailafia, on insecurity in the country. Mailaifia alleged that a northern governor was a sponsor of Boko Haram.
The NBC also sanctioned private television stations Africa Independent Television, Channels TV, and Arise News during October’s #EndSARS protests, alleging their reportage of the nationwide protests relied on unverifiable video footage from social media handles.
Some journalists reported they practiced self-censorship. Journalists and local NGOs claimed security services intimidated journalists, including editors and owners, into censoring reports perceived to be critical of the government. In February, Samuel Ogundipe, a reporter for the newspaper Premium Times, went into hiding after receiving numerous threatening telephone calls, having his email hacked, and being told to stop his reporting that relations between the country’s national security adviser, the army chief of staff, and the chief of staff for the presidency were strained. The newspaper’s editor, Musililu Mojeed, also reported receiving threats and the online edition of Premium Times suffered cyberattacks.
Libel/Slander Laws: Libel and slander are civil offenses and require defendants to prove truthfulness or value judgment in news reports or editorials or pay penalties. The requirement limited the circumstances in which media defendants could rely on the common law legal defense of “fair comment on matters of public interest,” and it restricted the right to freedom of expression. Allegations of libel were also used as a form of harassment by government employees in retaliation for negative reporting. Defamation is a criminal offense carrying a penalty for conviction of up to two years’ imprisonment and possible fines. On October 13, police arrested Oga Tom Uhia, editor of Power Steering, a magazine covering the electrical power sector, at his home in Gwarimpa near Abuja. Uhia was charged with defamation, based on a complaint by Minister of State for Power Goddy Jeddy Agba. As of November, Uhia remained in detention.
On April 28, police arrested Mubarak Bala, president of the Humanist Association of Nigeria, for allegedly posting blasphemous statements regarding the Prophet Muhammad on Facebook. On December 21, the Federal High Court in Abuja ordered the inspector general of police, Mohammed Adamu, and the Nigerian Police Force to release Bala, ruling that his detention without charge for almost eight months violated his rights to freedom of expression and movement, among others. At year’s end the inspector general and police had not complied with the court’s decision, and Bala remained in detention.
Sharia courts sentenced persons for blasphemy. In August singer Yahaya Sharif-Aminu was convicted of blasphemy and sentenced to death by a Kano State sharia court. A 13-year-old boy was convicted of blasphemy and sentenced to 10 years’ imprisonment. Lawyers for both defendants were appealing the convictions at year’s end.
There were few government restrictions on access to the internet, but challenges with infrastructure and affordability persisted. The NGO Freedom House reported that internet providers sometimes blocked websites at the request of the Nigerian Communications Commission, particularly websites advocating independence for Biafra. The internet and communications technology enterprise Paradigm Initiative reported that mobile internet providers blocked websites related to the #EndSARS protests.
Civil society organizations and journalists expressed concern regarding the broad powers provided by the law on cybercrime. Some local and state governments used the law to arrest journalists, bloggers, and critics for alleged hate speech. On August 17, authorities in Akwa Ibom State arrested journalist Ime Sunday Silas following his publication of a report, Exposed: Okobo PDP Chapter Chair Links Governor Udom’s Wife with Plot to Blackmail Deputy Speaker. Authorities charged Silas with “cyberstalking.” Silas’s case was pending before the court at year’s end. The law on cybercrimes had yet to be fully tested in the courts. Legislative interest and calls for regulating social media increased due to concerns it plays a role in accelerating rural and electoral violence.
There were no government restrictions on academic freedom or cultural events.
The constitution and law provide for rights to freedom of peaceful assembly and association, but the government limited these rights.
Freedom of Peaceful Assembly
The constitution and law provide for freedom of assembly. The government occasionally banned and targeted gatherings when it concluded their political, ethnic, or religious nature might lead to unrest. The government put limitations on public gatherings, including temporary bans on congregational worship services in some states, in response to COVID-19. As of September public gatherings were limited to no more than 50 persons in enclosed spaces. State-level mandates varied on the reopening of religious services. Open-air religious services held away from places of worship remained prohibited in many states due to fear they might heighten interreligious tensions.
Members of a Shia political organization, the IMN, carried out a series of protests across the country in response to the continued detention of their leader, Sheikh Ibrahim El-Zakzaky. Police and military officials set up roadblocks and used other means to contain protesters in and around the capital city of Abuja. On January 23, Shia Rights Watch reported that government forces used tear gas and firearms against IMN protesters, killing one protester and severely injuring another. An IMN spokesperson alleged that police killed three IMN members during the group’s annual Ashura mourning procession in Kaduna on August 24 and that two persons died in clashes with police on August 30. On October 19, IMN members protested El-Zakzaky’s continued detention on the first anniversary of the violent clash with police in Zaria.
In August, #RevolutionNow protesters organized a set of demonstrations in several cities across the country to mark the one-year anniversary of their inaugural protests calling for more responsive and accountable governance. Although the protests were allowed to proceed unimpeded in most places, civil society observers reported the arrest of some peaceful protesters in Lagos, Osun, and Kano States on charges of “conduct likely to cause breach of public peace.” All those arrested were released within days of their arrest.
In October, #EndSARS protests were staged in states across the country to demand an end to police brutality. Demonstrations were largely peaceful, but some protests turned violent after criminal elements infiltrated the protests and security forces fired at protesters at the Lekki Toll Gate on October 20 (see section 1.a.). According to #EndSARS Legal Aid, by year’s end a network of volunteer lawyers had secured the release of 337 protesters, but it was unable to confirm how many remained in detention.
In areas that experienced societal violence, police and other security services permitted public meetings and demonstrations on a case-by-case basis. Security services sometimes used excessive force to disperse demonstrators (see section 1.a.).
Freedom of Association
The constitution and law provide for the right to associate freely with other persons in political parties, trade unions, or other special interest organizations. While the government generally respected this right, on occasion authorities abrogated it for some groups. The government of Kaduna State continued its proscription of the IMN, alleging the group constituted a danger to public order and peace. In July 2019 the government extended that proscription nationwide and designated the IMN as a terrorist organization.
The law criminalizes the registration, operation, or participation in so-called gay clubs, societies, or organizations, and further prohibits any support to such organizations (see section 6). Rights groups reported the law had a significant chilling effect on free association.
The constitution and law provide for freedom of internal movement, foreign travel, emigration, and repatriation, but security officials restricted freedom of movement at times by imposing curfews in areas experiencing terrorist attacks and ethnic violence.
In-country Movement: The federal, state, or local governments imposed curfews or otherwise restricted movement in Adamawa, Borno, and Yobe States in connection with operations against Boko Haram and ISIS-WA. Other states imposed curfews in reaction to specific threats and attacks, and rural violence.
Police conducted “stop and search” operations in cities and on major highways and, on occasion, set up checkpoints. In response to COVID-19, the federal and state governments each instituted restrictions on movement between and within states, as well as curfews that varied throughout the year.
Access to farmland remained a problem for IDPs in the Northeast, particularly for those living with host communities. Many IDPs with access to farmland were told by the military to refrain from planting taller crops for security reasons. Distribution of fertilizers to areas with some farming opportunities was restricted due to the military’s suspicion that fertilizers such as urea could be used for military purposes.
IDPs, especially those in the Northeast, faced severe protection problems, including sexual abuse of women and girls, some of which constituted sex trafficking (see section 1.g.). Security services continued to arrest and detain suspected Boko Haram and ISIS-WA members at IDP camps and in host communities, sometimes arbitrarily and with insufficient evidence, and restricted family access to detainees. Other protection concerns included terrorist attacks or bombings, lack of accountability and diversion of humanitarian aid, drug abuse, hostility and insecurity, harassment of women and girls, and lack of humanitarian assistance for host communities.
NGOs reported having insufficient resources available to assist IDP victims of sexual and gender-based violence, who had limited access to safe, confidential psychosocial counseling and medical services or safe spaces. Women and girls abducted by Boko Haram and ISIS-WA, as well as the babies born as a result of rape during their captivity, faced stigmatization and community isolation.
The government cooperated with UNHCR and humanitarian organizations in assisting refugees and asylum seekers through the National Commission for Refugees, Migrants, and IDPs. The government participated in a regional protection dialogue to continue to work through a tripartite agreement with UNHCR and Cameroon signed in 2017 to ensure that any Nigerian refugees in Cameroon returning to Nigeria were fully informed and gave their consent. Nevertheless, the agreement was not fully enforced, and the return of Nigerian refugees to Nigeria was sometimes forced, uninformed, or dangerous according to some humanitarian organizations.
Access to Asylum: The law provides for the granting of asylum or refugee status, and the government has established a system for providing protection to refugees. Asylum seekers originated mainly from Cameroon, the Democratic Republic of the Congo, Central African Republic, Mali, Cote d’Ivoire, and Sudan, with a majority living in urban areas in Cross River State, Lagos, and Ijebu Ode in Ogun State. According to UNHCR, approximately 60,000 Cameroonians fleeing the Anglophone Crisis sought refuge in Cross River, Benue, and Akwa Ibom States.
Access to Basic Services: Legal documentation such as birth certificates, national identity cards, certificate of indigenes and voter registration are the key civil documentation to prove state of origin and nationality. They are also necessary to access services such as education. UNHCR reported in August that ineffective and inexistent civil registration and identification management systems in areas hosting IDPs and returnees remained a concern.
Durable Solutions: The country received a high number of returnees, both voluntary and forced, primarily in the Northeast. Accurate information on the number of returnees was not available. The government was generally unable to take action to reintegrate returning refugees. Many returnees did not find durable solutions and were forced into secondary displacement.
Temporary Protection: The government provided temporary protection to a few hundred individuals who may not qualify as refugees.
The government does not require birth registration, and the majority of births were unregistered. The 2018 Nigeria Demographic and Health Survey, the most recent data available, found that only 42 percent of births of children younger than age five were registered. Most persons did not become stateless because of their lack of birth registration; however, there were some reported cases where the government denied individuals citizenship because they did not have a birth registration and did not have another way to prove their citizenship.