Between Gov. Uzodimma and Dr Fabian Ihekweme: Freedom Of Speech and Freedom After Speech

By Dr Barr. Sam Ozurumba Ejiogu

A respected elder statesman and a public affairs analyst, Prince Bob Njemanze would always say that criticizing government differs from being a critique. To him, a critique is that dispassionate person who would not blackmail government, but would rather point out the things the government ought to do for the good of the governed.

In the case of Chinonso Uba Aka Nonsonkwa, Prince Bob Njemanze had prevailed on both the government and the Radio commentator to calm their nerves on their trade of verbs.

He went as much as seeking the interventions of the elders’ council to restore peace.

Prince Bob Njemanze

Prince Bob Njemanze’s pieces of advice in the eruption of verbal spat between Dr Fabian Ihekweme and the Imo government officials which were aimed at their war of words not heating up the polity in the state was of great importance.

He has also sought my views as a constitutional lawyer over the conflicts between the governor and Dr. Fabian Ihekweme of which I have to point out that newspapers, electronic and cyber Internet and other mass print and social media have been inundated with damaging allegations of all manners of malfeasance leveled against H.E. Governor Hope Uzodinma by his former Commissioner, Hon. Fabian Ihekweme.

Universally, citizens think that they can not only call their elected officers to order, but do also call them all sorts of derogatory names, and broadcast same to the world and that instant public officer shouldn’t react, because he’s elected or appointed to serve the public or else he shall be accused of high handedness.

Yet ordinary private citizens are in the courts everyday, prosecuting those who allegedly defamed them, and no one accuses such private persons of high handedness.

Dr Barr. Sam Ozurumba Ejiogu

What makes these incidents of arrest and detention of say, Nonsonkwa, and now Ihekweme notorious is that lay men are not fully aware of the scope of our jurisprudence. We assume and expect that the governor should file a civil action for libel and slander against his accusers, instead of petitioning to the Police and initiating a criminal proceeding, which begins from arrest and detention. A civil action doesn’t involve arrest and detention, and therefore doesn’t provoke our sympathy for the party who’s sued to court for monetary damages.

But when you decide to accuse and defame a governor or even a private citizen, you need to know that
the law gives the person you defamed either by way of slander or libel the right to have the police arrest,
prosecute and possibly imprison you.

It’s the law! The law didn’t exclude or prohibit governors and other
high public and civil servants from electing to “call” the Police when their character is soiled, damaged
or smeared by anyone.

However, this right to invite the Police can be abused, like any other right or privilege. It’s then left to the court to decide whether or not the complainant and the State prosecutor, have brought a good case before it or otherwise dismiss the case and discharge the accused.

A discharged defendant is not left without recourse by the law. He has the right to bring an action for malicious prosecution against his accuser, in the same criminal court or file a civil action.

My position is that before you embark on publishing and broadcasting serious accusations of moral turpitude, such as murder, fraud, financial malfeasance, or putting out false narratives which is capable of undermining government and private persons, you need to stand ready to defend the allegations
you’re making. This is more so with the introduction of the so called CYBER CRIMES. The establishment
of this law is to curb the irresponsible use of the internet to spread false and damaging information, within the interstate and globally. I dare say that the statements and publications of Nonsonkwa and Ihekweme falls within the purview of Cybercrimes, provided and assuming that what they alleged is
false information.

No matter on whose side one belongs in this hot debate, the law has guaranteed us freedom of speech but also guaranteed persons offended by our speech their day in court to seek redress for malicious statements and publications. In other words, there is freedom of speech , but there may not be freedom after speech, depending on the varsity of your speech.

Dr Barr. Sam Ozurumba Ejiogu is a constitutional lawyer.