Does the law of sedition infringe on the rights of freedom of expression and the press? Discuss with appropriate cases and reference

Introduction

It’s common knowledge that the law legal system is generally based on a precedent. Precedent law is developing under the authority of a legal case according to which a judicial body is obligated to treat similar facts or issues and according to which the law of the state may be changed.

In law, sedition is overt conduct, such as speech and organisation that tends towards insurrection against the established order. Article 19 of the UN chatter states that “everyone has the right to freedom of opinion and expression; this right includes freedom to hold opinions without interference and to seek, receive and impart information and ideas through any media regardless of frontiers”.

This assignment seeks to find (if any) impartiality between the freedom of expression and the law of sedition.

Sedition and Freedom of expression and the Press in Nigeria

The offence of sedition attempts to strike a balance between Freedom of Expression as enshrined in section 39(1) of the 1999 Constitution (as amended) and the security of the state. But, in discussing or criticizing government, a person or the press is allowed to keep his opinions within the limits of fair criticism. What is not permitted is to criticize the government in a malignant manner. For such attacks, by their nature tend to affect the public peace: DPP v. Obi. Therefore, what the offence of sedition seeks to achieve is the prevention of an unconstitutional overthrow of government or a breach of peace through virulent and malignant attacks on the government or a class. In DPP v. Chike Obi, the question raised was whether the offence of sedition in section 51 of the Criminal Code has not been invalidated by the provisions of the constitution in favour of