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Nigeria

Section 2. Respect for Civil Liberties, Including:

a. Freedom of Speech and Press

Although the constitution and law provide for freedom of speech and press, the government frequently restricted these rights. In an August press release, HRW expressed concern over threats to press freedom, saying recent arrests and detentions of journalists and activists in the country suggested a disturbing trend toward repressing freedom of expression.

Freedom of Expression: 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.

Press and Media Freedom: Freedom House’s annual survey of media independence, Freedom of the Press 2018, described the press as “partly free.” A large and vibrant private domestic press frequently criticized the government, but critics reported being subjected to threats, intimidation, and sometimes violence.

Violence and Harassment: Security services increasingly detained and harassed journalists, sometimes for reporting on sensitive problems such as political corruption and security. Security services including the SSS 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 August 14, police arrested and detained Premium Times journalist Samuel Ogundipe. The Premium Times had published a confidential report submitted by Inspector General of Police Ibrahim Idris to Vice-President Yemi Osinbajo over SSS conduct in barricading the entrance to the National Assembly complex, reportedly in an attempt to arrest Senate President Bukola Saraki. Police insisted Ogundipe reveal the source of the article, which he refused to do. He was released on bail August 17. In a public statement, the Premium Times reported Ogundipe was secretly arraigned before a magistrate court without legal representation and charged with criminal trespass and theft from police.

In August, after more than two years of incommunicado detention by the SSS without trial, access to counsel, or family visitation, the publisher of Bayelsa State-based tabloid the Weekly Source, Jones Abiri, was released on bail (see section 1.b).

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.

Journalists practiced self-censorship. Local NGOs claimed security services intimidated newspaper editors and owners into censoring reports of killings and other human rights abuses.

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. Defamation is a criminal offense carrying a penalty for conviction of up to two years’ imprisonment and possible fines.

Allegations of libel were also used as a form of harassment by government officials in retaliation for negative reporting.

INTERNET FREEDOM

There were few government restrictions on access to the internet, but challenges with infrastructure and affordability persisted.

Civil society organizations expressed concern regarding the broad powers provided by the Cybercrimes Act of 2015. The act has been used by some local and state governments to arrest opponents and critics for alleged hate speech. Those arrested were typically detained only briefly because the Cybercrimes Act had yet to be fully tested in the courts. There was increasing legislative interest and calls for regulating social media due to concerns it plays a role in accelerating rural and electoral violence.

The National Assembly passed the Digital Rights and Online Freedom bill in December 2017. The legislation seeks to provide fundamental digital freedoms and protections to citizens, but was not expected to clarify what constitutes hate speech. As of August President Buhari had not assented to the bill becoming law.

According to the International Telecommunication Union, 27.7 percent of individuals in the country used the internet in 2017, more than half of whom were between the ages of 15 and 24.

ACADEMIC FREEDOM AND CULTURAL EVENTS

There were no government restrictions on academic freedom or cultural events.

b. Freedom of Peaceful Assembly and Association

FREEDOM OF PEACEFUL ASSEMBLY

Although 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. Open-air religious services held away from places of worship remained prohibited in many states, due to fear they might heighten interreligious tensions. From October 27-30, members of the IMN carried out a series of religious processions across northern Nigeria, while also protesting the continued detention of their leader, Sheikh Ibrahim El-Zakzaky. Police and military officials set up roadblocks and used other means to confront protestors in and around the capital city of Abuja. In the ensuring altercations, security forces shot and killed a number of IMN members. According to HRW, on October 28, soldiers shot into a procession in Zuba, a bus terminal northwest of Abuja, killing six persons. The army acknowledged in a statement that three persons were killed at Zuba, but said the soldiers were responding to an attack. According to international press reports and various human rights groups, on October 29, soldiers at a military checkpoint shot at an IMN procession at Karu, northeast of Abuja, as the group sought to continue their march into the capital. The New York Times and multiple rights groups reported that video evidence showed, and witness statements confirmed, that soldiers shot indiscriminately into the crowd of protestors, including in some cases while protestors attempted to flee. In a statement, the army said protestors attacked the soldiers. In total, the government said six IMN members were killed; AI said 45 were killed; and the IMN said 49 of its members were killed. According to a New York Times report, the soldiers involved were primarily from the Seventh Battalion of the Guards Brigade.

In areas that experienced societal violence, police and other security services permitted public meetings and demonstrations on a case-by-case basis.

Security services used excessive force to disperse demonstrators during the year (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.

The Same Sex Marriage Prohibition Act (SSMPA), a law prohibiting marriages and civil unions among persons of the same sex, criminalizes the free association of any persons through so-called gay organizations. Citizens suspected of same-sex activities are frequently harassed, intimidated, and arrested. In August six men were arrested in Abia State on suspicion of engaging in same-sex activity. Later in the month, 57 men attending a party in Lagos were also arrested and detained by police on similar allegations. In both cases, the men were subsequently charged for lesser offences rather than under the SSMPA, but rights groups reported that the SSMPA had a significant chilling effect on free association.

c. Freedom of Religion

See the Department of State’s International Religious Freedom Report at www.state.gov/religiousfreedomreport/.

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The Lessons of 1989: Freedom and Our Future