PRIVACY, FREEDOM OF EXPRESSION AND SURVEILLANCE IN NIGERIA: NAVIGATING THE MURKY WATERS

Abstract

In Nigeria, balancing national security with fundamental rights like privacy and freedom of expression remains a complex challenge. The existing legal framework for surveillance lacks transparency and potentially falls short of international standards, raising concerns about its impact on fundamental rights. This paper delves into this intricate relationship, examining how surveillance practices intersect with the right to privacy and freedom of expression in Nigeria. Through a doctrinal research methodology, it critically analyses the national framework against internationally recognised standards, highlighting discrepancies and their consequences. The analysis reveals concerning gaps, including unclear legal justifications for surveillance, insufficient oversight mechanisms, and potential for discriminatory targeting. These shortcomings expose individuals, particularly vulnerable groups like journalists and activists, to risks of unwarranted surveillance, self-censorship, and privacy violations. By shedding light on these critical challenges, this article aims to contribute to the ongoing discourse on reforming Nigeria's legal framework for surveillance. Such reforms, aligned with international standards, are essential to ensure legitimate and accountable surveillance practices that respect and uphold fundamental rights. The findings of this paper underscore the need for thoughtful legal reforms and policy measures to navigate the challenges posed by surveillance technologies while upholding democratic values and individual rights in the unique context of Nigeria's socio-political landscape.