society
Speak and Seek Justice: Why Free Speech and the Right to Litigate Stand or Fall Together
Speak and Seek Justice: Why Free Speech and the Right to Litigate Stand or Fall Together.
By George Omagbemi Sylvester | Published by saharaweeklyng.com
There are societies that fear words and there are societies that fear courts. The first tries to gag dissent; the second tries to close the courthouse door. Both are attacks on human dignity. A truly free republic protects both the right to speak and the right to litigate. These are not competing liberties; they are twin pillars of the rule of law. Where speech dies, truth withers. Where litigation is denied, rights become ornaments. We must defend both; without apology, without equivocation.
The Legal Bedrock: Global and African Standards.
Freedom of expression is not a privilege handed out by rulers; it is a human right recognized in black-letter international law. Article 19 of the Universal Declaration of Human Rights (UDHR) affirms that “EVERYONE HAS THE RIGHT TO FREEDOM OF OPINION AND EXPRESSION,” including the freedom to seek, receive and impart information and ideas through any media.
The same guarantee is legally binding under Article 19 of the International Covenant on Civil and Political Rights (ICCPR), which protects the right to hold opinions without interference and to express them; subject only to narrowly tailored restrictions provided by law and necessary for respect of the rights of others or for national security, public order, public health or morals.
On our continent, Article 9 of the African Charter on Human and Peoples’ Rights secures the right to receive information and to express and disseminate opinions within the law. The African Commission’s Declaration of Principles on Freedom of Expression and Access to Information in Africa (2019) further consolidates these protections for the digital age.
Freedom of speech is not a slogan; it is law.
National Constitutions: Nigeria and South Africa.
These global standards breathe through our domestic constitutions. Nigeria’s 1999 Constitution guarantees freedom of expression and the press in Section 39, the right to fair hearing in Section 36, and it establishes a special jurisdiction of High Courts for enforcement of fundamental rights under Section 46; including rules allowing public interest suits.
South Africa’s Constitution echoes the same architecture. Section 16 protects freedom of expression (press freedom, the right to receive or impart information, artistic creativity and academic freedom) while making clear that the right does not extend to incitement of imminent violence, advocacy of hatred that incites harm, or propaganda for war. Section 34 goes further, guaranteeing access to courts, the right of everyone to have legal disputes decided in a fair public hearing before an independent and impartial tribunal. This is the constitutional spine of the right of litigation.
In short: speak freely and if power infringes your liberty, SUE – the Constitution says you can.
The Right to Litigate: Justice Without Violence.
Courts are where citizens contest power without bloodshed. The ICCPR’s Article 14 proclaims equality before courts and tribunals and the right to a fair and public hearing. The African Charter’s Article 7 guarantees the right to have one’s cause heard, a presumption of innocence and the right to defense and counsel. A democracy without these mechanisms is merely orderly despotism.
Over a century ago, the U.S. Supreme Court captured a universal truth that transcends jurisdictions: “The right to sue and defend in the courts is the alternative of force… the right conservative of all other rights.” Deny people the courtroom and you invite the street. That is not a Western aphorism; it is a constitutional logic any RULE-OF-LAW system must accept.
Why Both Rights Rise and Fall Together.
Free speech and fair litigation are interdependent. Speech exposes abuse; litigation remedies it. Journalists and citizens uncover corruption, environmental harm, election irregularities or police misconduct; then litigation compels evidence, checks executive overreach, vindicates rights and develops jurisprudence. Without speech, courts go blind. Without courts, speech is a cry into the wind.
This is why any policy that muzzles the press or criminalizes dissent corrodes judicial independence and why procedural barriers that block public-interest suits or muzzle access to counsel chill speech. Democracies that weaken either liberty eventually weaken both.
As Nigerian comedian I Go Dye once joked in a show, “In Nigeria, if you talk too much, they will say you are disturbing peace. If you keep quiet, they will say you are enjoying the suffering. My brother, which one we go do?” His humor captures the absurdity of silencing voices; it’s a LOSE-LOSE situation when citizens cannot express grievances freely.
The Boundaries: Lawful Limits, Not Convenient Gags.
Rights are robust but not reckless. International law permits narrow, necessary and proportionate restrictions; for example, to prevent incitement to violence or to protect the rights and reputations of others through defamation law. OPEN-ENDED BANS, vague notions of “OFFENSE,” and executive convenience do not meet this test.
The South African Constitution is explicit: advocacy of hatred that incites harm and incitement of imminent violence are outside the protection of Section 16. That clarity both protects pluralism and guards society against genuine danger; without handing censors a blank cheque.
The Intellectual Case: Why Liberty Works.
Great thinkers have long warned against the arrogance of censorship. John Stuart Mill, in On Liberty, called the silencing of any opinion a theft from humanity: if the opinion is right, we lose the chance to exchange error for truth; if it is wrong, we lose the sharper understanding that comes from confronting error.
In modern constitutional thought, Justice Oliver Wendell Holmes Jr. crystallized the “marketplace of ideas”: “the best test of truth is the power of the thought to get itself accepted in the competition of the market.”
Justice Louis Brandeis added the doctrine of counterspeech: “If there be time to expose through discussion the falsehood and fallacies, the remedy to be applied is more speech, not enforced silence.”
Nigerian comedian Gordons brought the same truth home with laughter: “Our leaders do not like people talking because once you talk too much, their lies will need extra lies to cover it.” The humor might sound casual, but it reflects a sharp reality: truth dies in silence and litigation becomes useless when speech is stifled.
Practical Imperatives: What Governments Must Do.
Protect journalists and whistleblowers.
Keep the courthouse door open.
Legislate with precision.
Educate for resilience.
As Gordons quipped in another show: “Na only in Africa person go sue government, government go still be the judge.” The laughter hides a warning: judicial independence must be protected or litigation rights are reduced to theatre.
A Civic Mandate: Citizens, Not Subjects.
Citizens have duties too. Free speech is not a license for slander; it is a calling to truthful, accountable discourse. Litigation is not a toy; it is a sober instrument to vindicate rights and clarify law.
The Bottom Line
The measure of a constitutional order is simple: Can I speak? Can I sue? If either answer is “no,” the promise of freedom is already broken.
Let us say this plainly: There’s the right of free speech. There’s the right of litigation. Nobody should be denied either. Not by the state. Not by mobs. Not by wealthy actors who would rather settle truth with money than with evidence. The only alternative to speech is silence; the only alternative to litigation is force. We choose speech. We choose courts. We choose the rule of law.
Or as I Go Dye might say: “If you silence the people, don’t be surprised when the silence begins to shout louder than words.”
society
Governor Dauda Lawal Hails Troops for Successful Fight against Banditry, Terrorism across Zamfara State
Governor Dauda Lawal Hails Troops for Successful Fight against Banditry, Terrorism across Zamfara State
Governor Dauda Lawal has commended the troops of the Joint Task Force (North West) Operation Fansan Yamma for achieving significant operational successes against bandits in Zamfara State. The troops of the Joint Task Force launched an elaborate and coordinated onslaught in the early hours of Thursday, May 7, 2026, in the Kaura Namoda and Birnin Magaji Local Government Areas of Zamfara State. Following the encounter, troops effectively neutralised three gang leaders and recovered a cache of weapons and ammunition, which included an AK-47 rifle, a machine gun, a locally fabricated handgun, seven rifle magazines and a total of 571 rounds of ammunition.
Governor Lawal described the renewed military offensive as timely, particularly due to the successful operation recorded on May 10, 2026, which disrupted a significant gathering of notorious terrorist leaders and neutralised several commanders. The troops acted on an intelligence report that confirmed that the terrorists had converged at a concealed location in Tumfa Village, Shinkafi Local Government Area, with the intention to coordinate attacks and criminal activities targeting innocent communities in the state. The Air Component launched a precision airstrike on the identified terrorist hideout that successfully destroyed the structure, which served as the terrorists’ meeting point. The governor further reiterates Zamfara State Government’s commitment to ongoing support and logistics for the military and other security agencies operating in the state.
society
Old Students Association rejects alleged commercialisation of Unity School land
Old Students Association rejects alleged commercialisation of Unity School land
By Ifeoma Ikem
The Unity Schools Old Students Association (USOSA) has rejected the alleged commercialisation of any unity schools land under the Public-Private Partnerships (PPP) initiative.
The association made its displeasure known during their awareness walk to protest the concession of the 33 hectares of land belonging to Federal Government College (FGC) Kano yesterday in Lagos.
The members were carrying placards, some of which read “PPP: Save the Future”, “Protect Unity Schools”, “PPP must serve Education not land conversion” and “Schools are not for Real Estate”.
President-General of the Unity Schools Old Students Association USOSA Michael Magaji says Public-Private Partnerships (PPP) was designed to improve public institutions, and not strip them of assets or reduce their land.
Over 60 Unity schools members were drawn from across the nation for the awareness walk to protest against the alleged sale of the school lands.
The P-G said the association was advocating for a sustainable funding model that would preserve educational assets while improving infrastructure, manpower and learning conditions.
“Our coming together is to restore the lost glory of Unity Schools and strengthen Nigeria’s education system. Unity schools are nation-building institutions that have produced leaders across various sectors.
“Unity Schools were not just about education, they were about integration built not by spectators but by active citizens that believe in one nation.
“ The alumni support PPP but oppose the sale of educational assets. Unity never happens by chance but designed, nurtured and protected,’’ he added.
He added that the awareness walk brought about by the alumni across the nation was also to have a stronger network to revive the vision of the Unity Schools.
Mr Humphrey Nwafor, Lagos Chapter President, Federal Government College, Kano Old Students Association said that they are pushing back against the alleged commercialisation of Unity School lands.
Nwafor pointed out that the 33 hectares of land belonging to FGC Kano was concessioned without adequate consultation with stakeholders.
“We are saying there is a better option. Instead of selling our lands and assets, we would rather fund the schools ourselves.
“If the government says it does not have enough money to run the schools, the old students can provide support without taking one inch of the land,” he said.
According to him, the concession arrangement involving the school’s land will undermine the future of unity schools, which were established in the first place to promote national integration.
“These schools were established to unite Nigerians from different ethnic and religious backgrounds and we are appealing to President Bola Tinubu to intervene and ensure that public educational assets are protected,” he added.
He called on the Federal Government to leverage alumni networks in addressing funding challenges confronting unity schools.
“We are in solution mode and impact mode and we believe alumni associations should be integrated into the process of repositioning these schools.
“We recently met with officials of the Federal Ministry of Education and discussions are ongoing toward finding mutually beneficial solutions,” he said.
Mr Alex Akindumila, President of FGC Idoani Alumni Association said the concession controversy was a national test of how public assets and educational institutions are being managed.
He said that they are concerned that reducing lands allocated to unity schools could limit future expansion, agricultural projects, sports facilities, technical workshops and staff accommodation.
“The lands allocated to unity schools were deliberate and visionary.“They were designed to ensure that the schools remain self-sustaining and adaptable to future needs.
According to him, when you shrink the land of a unity school, you do not just reduce space, but reduce possibility , reduce ability to run agricultural programs that can feed students and teach enterprise, even the space required for sports facilities that build discipline, health and national pride.
Also, Mrs Ifeoma Okeke, an alumna of FGC Nsukka, called for transparency, due process and stakeholder engagement in any PPP arrangement involving educational institutions.
She said PPP agreements should align with the public purpose of the schools and not diminish their long-term capacity.
“There must be transparency, competitiveness and proper stakeholder engagement in any concession process involving public educational assets,” she said.
society
NAPS Southwest Condemns Delay in Passage of HND,/B.SC Dichotomy Bill, Issues 30 Days Ultimatum to Nigeria Senate and Federal House of Representative
NAPS Southwest Condemns Delay in Passage of HND,/B.SC Dichotomy Bill, Issues 30 Days Ultimatum to Nigeria Senate and Federal House of Representative
The National Association of Polytechnic Students (NAPS) Southwest has strongly condemned the continued delay in the passage of the bill aimed at ending the long-standing disparity between Higher National Diploma (HND) and Bachelor of Science (B.Sc) qualifications in Nigeria. The association has described the delay as unjust, discriminatory, and harmful to the future of polytechnic education in the country.
The NAPS Southwest expressed deep frustration over what it called the unacceptable silence and inaction from the Nigerian Senate and Federal House of Representatives regarding the bill. The proposed legislation seeks to abolish the dichotomy between HND and B.Sc holders, a divide that has for years limited career progression opportunities for polytechnic graduates, particularly in the public sector.
This ongoing delay represents a significant policy gap that must be urgently addressed. The continued discrimination against HND holders contradicts the principles of equity, fairness, and meritocracy that should define Nigeria’s public service.
For years, polytechnic students and graduates have faced systemic discrimination in employment opportunities, career progression, and societal recognition an injustice that undermines the value of technical and vocational education in national development. The proposed bill represents a critical step toward equity, fairness, and the full recognition of polytechnic education in Nigeria.
We therefore call on the current administration and the National Assembly to prioritize the reintroduction and immediate passage of this critical legislation. Nigeria cannot afford to sideline a significant segment of its skilled workforce due to outdated and discriminatory policies.
It is therefore disheartening that the Nigeria Senate and House of Representatives has yet to act decisively on this matter of urgent national importance. The continued delay raises serious questions about the commitment of lawmakers to addressing the challenges faced by millions of Nigerian youths in the polytechnic system.
The NAPS southwest unequivocally calls on the Senate and House of Representatives to, without further delay, deliberate on and pass the bill to end the HND/B.Sc dichotomy. The future of countless students and graduates depends on this decisive action.
The continued delay in passing this bill is a direct attack on the dignity and future of millions of Nigerian students and graduates, the statement read. We cannot continue to tolerate a system that places artificial barriers on capable individuals simply because of the institution they attended.
Failure to meet this demand will leave NAPS Southwest with no choice but to mobilize Nigerian Polytechnic Students and Graduates across the country for peaceful but firm actions to press home our demands. We are prepared to take all legitimate steps necessary to ensure that justice is served.
NAPS Southwest has therefore issued a strong warning to the Senate and House of Representatives, urging lawmakers to prioritize and immediately pass the bill without further delay. The association made it clear that failure to act promptly would trigger nationwide protests and coordinated actions by Nigerian polytechnic students and graduates.
We urge all relevant stakeholders to initiate comprehensive reforms that will harmonize qualification frameworks, ensure equal opportunities for career advancement, and restore confidence in the civil service system.
NAPS Southwest remains committed to advocating for the rights and dignity of polytechnic students and graduates across Nigeria. We will continue to engage constructively with policymakers and mobilize support until justice is achieved.
Signed
Comr Ogunsola Adewale John
NAPS Southwest Coordinator
+234 704 720 2907
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