AN APPRAISAL OF THE PRACTICE OF SELF-DEFENCE IN INTERNATIONAL LAW

Background of Study

Every person is accorded the freedom of expression including the freedom to hold opinion and to receive and impact ideas and information without any interference. For impacting ideas, holding opinion and information, it is necessary that the individual should have the right to any media of his choice4.

Benjamine, Franklin, “Freedom of Speech’’ (Textbook Company, Skokies, illonis, 1981.) Section 39(1) CFRN, 1999

The freedom of expression can therefore be exercised orally of in writing through the print as well as electronic media. For the proper exercise of the right subsection (1) of section 39 of the 1999 constitution has extended to the ownership or the establishment and operation of any medium for the dissemination of information, ideas, and opinion to the public.
This right can be exercised through several ways. A person may chose to express his ideas and opinion or conceal the information he obtained by any means available to him. The constitution has remained silent over the issues to the means to obtain any information it does not place any restriction or the acquisition of any information either with respect to the concept “expression” used in the section 39 of the constitution. Expression can be effected through variety of ways; it can be done through sign or gesture.
The right to receive information generally is a negative one in that, it is difficult to prevent people from receiving particular ideas. As far as the functions of government is concerned, this right become a cornerstone of a positive form of obligation in the part of the public informed about the true state of affairs as well as the working of government and everything which is considered necessary to keep the public informed. This is considered necessary for the functioning of democracy as to render the government accountable to the people.
The ideas and opinion which permitted any person to hold may relate or touch or any subject matter or the society, it may border or immoral, political ethical, moral or immoral religious or ethnical issues.
By the above background it can be discerned that there is no separate right of the press from that of private individuals. It is in respect of the above that the right to owe and establish any media for the dissemination of ideas and information is accorded.
1.2 Statement of the problem
The problem is that the right to expression under the Nigerian constitution is provided for under the section 39 (1) of 1999 constitution of the federal republic, which provides that every citizen has the right and freedom to express his opinion and information, such expression shall not be interfered with.
However, the right of expression is one of the fundamental human rights available to all human being and in most cases this rights are been infringed on as such freedom being provided for is no more protected.
It may interest one to know that in many administrations many legislation has been promulgated just to curb the freedom of expression and suppress such right. This suppression is most characterize with military reign, however under democratic reign such rights are upheld.
This rights has its challenges and limitations which defamation and sedition are such limitations to the freedom of expression, however for every general rule there is an exception and to this end there defences available to defamation.

1.3 Aims and Objectives of the Study
The aims and objectives of this research are:
(1) To examine the practical application of the right of expression in Nigerian polity
(2) To examine the constitutional and statutory framework within which right of expression is enhanced;
(3) To bring to the fore various remedies available to aggrieved person in enforcing their right of expression; and
(4) To proffer solutions to the impediments of right of expression.