The Nexus Between The Rights To Freedom Of Expression And Defamation

1. Introduction

As humans, we are entitled to certain rights designated as fundamental human rights. Without these rights our society will be marred by warring co-existence, hence, these rights form the bedrock of a free society. This is why they are seen as universal (applicable everywhere), indivisible (as they are viewed as a collective and all rights must be respected) and inalienable (as they cannot be abrogated or taken away and humans are entitled to fundamental human rights regardless of their status).

The fundamental human rights are set out in the Universal Declaration of Human Rights 1948 ("UDHR").¹ Shortly after gaining independence, Nigeria became a member of the United Nations on October 7, 1960. As a member state, Nigeria adopted the UDHR. Also, Nigeria as a member State of the African Union has also ratified the African Charter on Human and Peoples' Rights 1986 (ACHPR), which also details more rights. Nigeria has inculcated some of these rights