26/09/2026
CAN GOVERNMENT ARREST YOU FOR CRITICISING IT?
You criticise the government online. Hours later, armed officers arrive at your door. Are they enforcing the law—or violating your constitutional right to freedom of expression?”
Imagine posting:
“The government is failing the people.”
Then you receive a knock on your door.
“You are under arrest.”
:
Can criticism of government, a governor, president, minister, senator or public official legally justify your arrest?
Section 39 of the Nigerian Constitution protects freedom of expression, subject to restrictions permitted by law.
That means criticising government is not automatically a criminal offence simply because the government or an official dislikes the criticism.
But there is another side.
Not every statement made online is automatically protected from legal consequences. Depending on the facts, issues such as defamation, threats, incitement, cyber-related offences or other unlawful conduct may arise.
So where is the legal boundary?
Can a public official order your arrest because you insulted or criticised them?
Can police arrest you merely because your opinion is embarrassing to government?
When does online criticism become an actual offence?
Can the Cybercrimes Act lawfully be used against criticism?
And if someone is unlawfully arrested for expressing a protected opinion, what remedy does the Constitution provide?
Recent Nigerian litigation has put these questions before the courts. In February 2026, the Federal High Court in Lagos ruled that a police declaration of Omoyele Sowore as wanted was unlawful and awarded damages in a fundamental-rights case concerning expression, movement and protest.
In another 2026 case, the Federal High Court in Warri held that citizens could record police officers performing their duties in public and that officers should not harass, intimidate or arrest citizens for lawful recording.