DAVID NWONICHA CHIEKWE VS DAVID OBIORA & 4ORS.
September 10, 2025DR. A.A AZIE VS COMMISSIONER OF LANDS, EASTERN REGION
September 10, 2025Legalpedia Citation: (2022-02) Legalpedia 33112 (SC)
In the Supreme Court of Nigeria
HOLDEN AT LAGOS
Thu Nov 24, 1960
Suit Number: SC 164/1960
CORAM
BRETT, JUSTICE SUPREME COURT
UNSWORTH, JUSTICE SUPREME COURT
TAYLOR, JUSTICE SUPREME COURT
PARTIES
APPELLANTS
COMISSIONER OF POLICE
RESPONDENTS
AREA(S) OF LAW
LAW OF SEDITION – CRIMINAL LAW
SUMMARY OF FACTS
The appellant made a publication to the minister and the public through newspaper publications to the effect that the customary court was being used to punish action congress members.
HELD
The court held that he was rightly convicted of seditious publication but reduced his sentence from 12 months to 3 months.
ISSUES
Whether the appellant was rightly convicted and sentenced for seditious publication.
RATIONES DECIDENDI
ESSENCE OF THE LAW OF SEDITION
‘the law of sedition must not be stretched beyond its function of protecting public order and that it is the duty of the courts to safeguard the right of freedom of expression, which is now embodied in the Constitution of Nigeria.’ Per Brett F.J
INSTANCES WHEN COMMUNICATIONS DO NOT AMOUNT TO SEDITION.
‘the courts should be slow to attribute a seditious intention to a communication published only to the Minister responsible for redressing the grievance complained of.’ Per Brett F.J
CASES CITED
In Ambard v. Attorney-General for Trinidad and Tobago (1936) A.C. 322
STATUTES REFERRED TO
Not Available
