Nigeria’s journey with civic space legislation has undergone significant evolution over the years, transitioning from the struggles against military rule to the current democratic era. Throughout this transformative process, legislative frameworks have adapted to align with the fundamental principles of democracy. The bedrock of this evolution today, lies in the 1999 Constitution of the Federal Republic of Nigeria, which serves as the cornerstone of civic space legislation. 

The constitution expressly guarantees the protection of freedoms of expression, assembly, and association.  Freedom of expression is protected under Section 39 of the Nigerian constitution, which guarantees the right of citizens to express their views, engage in dialogues and convey dissent on any issue through any communication channel.  

Individual freedoms are protected by these constitutionally guaranteed rights from forceful intrusions and discrimination in the face of entrenched political interests. These provisions are meant to facilitate citizens’ interactions and engagement with the government.  

The state of the civic space plays a crucial role in Nigeria’s democracy, serving as the platform for citizens to exercise their rights, voice concerns, and engage in democratic processes. Civic space legislation, comprising legal frameworks for civil society organisations (CSOs) and citizens, defines the boundaries of free expression, peaceful assembly, and association. Despite constitutional protections, recent proposals and bills pose threats to civic space, highlighting the need for a delicate balance between regulation and freedom. 

Challenges and Controversies  

According to CIVICUS, when the civic space is open, citizens and civil society can organise, participate, and communicate without hindrance. However, the Nigerian civic space presents some challenges and controversies, particularly concerning civil society operations and media rights.  

Restrictive Regulations  

In several ways, CSOs are faced with increasing restrictions when accessing international resources. The impact of these constraints is that it reduces the ability of CSOs to respond creatively to the increasing humanitarian needs of Nigerians. Under the Companies and Allied Matters Act (CAMA), there is a potential threat of government intervention leading to the takeover of CSOs. The provisions within the Act empower the government to control the activities and operations of these organisations, including the removal and replacement of their trustees with government-appointed individuals. This contradicts the very essence of non-governmental organisations, as it compromises the autonomy and independence that CSOs inherently represent. 

In a 2021 report on Civic space in West Africa by Spaces 4 Change, Ibezim- Ohaeri highlights concerns regarding restrictive measures that hinder civil society, restricting their operational flexibility and autonomy. These measures include regulations imposed by government agencies like the Corporate Affairs Commission (CAC) and the Economic Financial Crimes Commission (EFCC), including the Special Control Unit Against Money Laundering (SCUML), Nigerian Financial Intelligence Unit (NFIU), Federal Reporting Council of Nigeria (FRCN), and Federal Inland Revenue Service (FIRS). These agencies primarily undertake regulatory oversight through various methods and restrictions such as the requirement for periodic financial reports, submission of currency transaction reports (CTRs) and Suspicious Transaction Reports (STRs), filing of annual returns instead of tax exemptions, and surveillance of financial inflows. 

Violation of Digital rights and press freedom 

The foundation of Nigeria’s civic space thrives on freedom of expression and the liberty of the media. These critical elements shape the platform where citizens articulate their views, disseminate information, and maintain a watchful eye on government actions. A surge in the use of social media has been witnessed in recent years, serving as a lively forum for political dialogue, social activism, and citizen-led journalism. 

In June 2021, the Nigerian government implemented a ban on the social networking site Twitter, which had played a pivotal role in facilitating communication and coordination, particularly during the #ENDSARS protest in October 2020. The government cited concerns that the platform was being used to undermine Nigeria’s corporate existence. This ban had profound implications for the digital rights of Nigerians, raising serious concerns about censorship and freedom of speech. It also underscores broader issues regarding government control over digital spaces and emphasises the importance of upholding fundamental rights in the digital age. The government’s use of national security as a justification raises concerns about its potential misuse as a pretext for suppressing dissent and curtailing civil liberties. 

In 2023, Nigeria ranked 123 on the World Press Freedom Index, with Reporters Without Borders describing it as “one of West Africa’s most dangerous and difficult countries for journalists,” who often face monitoring, attacks, and arbitrary arrests, as witnessed during the 2023 elections. In the same year, CIVICUS reported that at least 14 journalists and media workers were detained, threatened, harassed, or physically attacked while covering Nigeria’s presidential and federal elections on 25 February 2023. 

Despite the guarantee of freedom of the press in Section 39 of the constitution, one must question if this aligns with the reality faced by journalists in Nigeria. Contrary to the constitutional provision, the prevailing situation suggests otherwise. According to the CIVICUS Monitor, the most prevalent violation documented in the last 24 months is the detention of journalists. These detentions frequently occur in response to journalists covering sensitive topics, such as corruption and conflict, which may be considered provocative or insulting by authorities. 

In regions affected by conflict, such as the Northeast and Northwest, the presence of armed groups and the proliferation of violence create an atmosphere of fear and intimidation. Journalists, activists, and ordinary citizens face heightened risks as they navigate these volatile environments, often becoming targets of attacks, abductions, and intimidation tactics. The breakdown of law and order further exacerbates the shrinking of the civic space, as state institutions struggle to uphold democratic principles and protect the rights of citizens. Likewise, the government’s response to insecurity, characterised by heavy-handed tactics and restrictions on movement and expression, can further curtail civic freedoms under the guise of maintaining stability.  

Disruption of Public Protests 

Protests are frequently suppressed by state governments, employing the army or police, under the pretext of restoring order to the state without formally declaring a state of emergency. This misuse of authority is exemplified by the government’s response to the #EndSARS protests in October 2020. Despite the largely peaceful nature of the demonstrations, security forces deployed excessive force, resulting in numerous casualties and widespread human rights violations. Such actions not only violate the rights of citizens to peaceful assembly but also undermine the principles of democracy and freedom of expression. 

Similarly, on 6 September 2023, two student activists of the University of Lagos were arrested and forcefully detained by law enforcement authorities. The students were exercising their fundamental right to protest the proposed hike in tuition fees. However, their peaceful demonstration was met with a heavy-handed response from the police, who apprehended the activists. The incident substantiates the challenges faced by activists and protesters in Nigeria, where the right to express grievances is often met with intimidation and repression. 

Forceful Abductions  

In Nigeria, forceful disappearance due to criticism or dissent remains a grave concern, reflecting the ongoing challenges to freedom of expression and human rights. Individuals who criticise government policies or express dissenting views often face intimidation, harassment, and even disappearances at the hands of state agents or non-state actors. These disappearances are often perpetrated with impunity, leaving families and communities in a state of uncertainty.  

The targeting of activists, journalists, and political opponents undermines democratic principles and stifles public discourse, perpetuating a culture of fear and silence.  In 2019, Abubakar Idris, popularly known as Daiyat, a vocal critic of the Nigerian government and a prominent social media activist was abducted from his home in Kaduna State. His disappearance sparked widespread outrage and raised serious concerns about the safety of individuals who speak out against the government. Despite calls for his release and demands for accountability, Daiyat’s whereabouts remain unknown. 

Recommendations 

Amidst the increasing challenges, the question lingers: How can civic actors ensure the safeguarding of Nigeria’s Civic Space?  

In this endeavour, both the media and civil society possess crucial roles in safeguarding democratic principles and protecting fundamental rights. The media serves as a watchdog, responsible for scrutinising government actions, exposing corruption, and amplifying the voices of marginalised communities. Through investigative journalism and balanced reporting, the media can hold those in power accountable and inform the public about threats to civic space.  

Similarly, civil society organisations act as advocates for citizen participation and societal change. By mobilising grassroots movements, raising awareness about civil liberties, and engaging in advocacy efforts, civil society can push back against attempts to restrict civic space and uphold the rights of individuals and communities.  

Conclusion 

It is therefore imperative to strike the right balance between regulation and freedom to nurture a civic space where citizens actively contribute to the nation’s progress. As Nigeria continues its democratic journey, the evolution of civic space legislation will remain a crucial narrative in shaping the nation’s democratic identity. There is a need for the government to ensure it carries CSOs along in its operations and allows for their input. The government needs to view CSOs as partners in development and not antagonists. Civic space legislation in Nigeria is not merely a set of rules but a foundational aspect of the democratic framework. 

About the author

Author profile

Maryam Bappah

Maryam Bappah is a Program Officer and Researcher at the Centre for Policy Research and Development Solutions Nigeria with an academic background in International Relations and Development. Her interests include addressing Conflict, Civic technology, and Social Justice through advocacy and research. Maryam Bappah has experience collaborating with Civil Society Organisations to address threats to civic space; particularly in the Northeast and Northwest regions of Nigeria.

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