TY - JOUR AU - Oraegbunam, Ikenga K.E. AU - Okeke, Mascot AU - Igwe, Chiagozie James PY - 2019/06/17 Y2 - 2024/03/28 TI - SEDITION UNDER NIGERIAN CRIMINAL CODE: EFFECTS ON THE RIGHT TO FREEDOM OF EXPRESSION JF - Library Research Journal JA - LRJ VL - 3 IS - 1 SE - Articles DO - UR - https://journals.unizik.edu.ng/lrj/article/view/52 SP - 54-66 AB - <p>Right to freedom of expression is protected and enjoyed in civilized and democratic societies. Yet, the&nbsp;reality is that this right is by no means absolute anywhere in the world as it is riddled with a number of&nbsp;restrictions and derogations. One of such derogations is provided by the law creating the offence of&nbsp;sedition. This paper exposed the relationship between the right to freedom of expression and the crime&nbsp;of sedition. The paper found that no society can function effectively without the guarantee of the right&nbsp;to freedom of expression. It also discovered that the exercise of this right can be curtailed in the interest&nbsp;of public peace, order, morality, security and sovereignty of the state. The methodology adopted in this&nbsp;study was essentially doctrinal involving the analysis of the primary and secondary sources used. In<br>order to strike a balance, the study identified the need to amend section 51 (1) and (2) of the Criminal&nbsp;Code to ensure that a conviction under the section would only be allowed where the conduct of the&nbsp;accused lends itself to incitement of violence and of course where the requisite mens rea is established.&nbsp;The paper further recommends amendment of relevant provisions of the Criminal Code in order to<br>accommodate adequate punishment in deserving circumstances in view of the heinous harm done to the&nbsp;fabric of society by seditious publications/comments. It further strongly recommended that any form of&nbsp;limitation period be removed in relation to the prosecution of sedition since ‘time does not run against&nbsp;the state.</p> ER -