morality or public order. If perhaps the Complainant's publication contained libellous statements, a civil suit could have been instituted against the Complainant and Al Gareeda newspaper his employer, demanding a retraction of the article, in accordance with the principles anchoring the right to freedom of expression. The Commission recalls that the Declaration of Principles on Freedom of Expression and Access to Information in Africa (the Declaration) adopted in 2019 obliges states to: i) repeal laws that criminalise sedition, insult and publication of false news; ii)amend criminal laws on defamation and libel in favour of civil sanctions which must themselves be necessary and proportionate; and that the imposition of custodial sentences for the offences of defamation and libel are a violation of the right to freedom of expression.102 167. The justification for a limitation or restriction to a right must be strictly proportionate and necessary for the legitimate aim pursued.103 The Commission in Media Rights Agenda and Others v Nigeria has held that"freedom of expression is a basic human right, vital to an individual's personal development, his political consciousness, and participation in the conduct of public affairs in his counhy" 104 As such, any law which permits the imprisonment of persons whose views contradicts those of the Government's is contrary to the spirit of Article 9 and cannot qualify as a justifiable limitation to the right to freedom of expression. 105 Hence, the Commission has held that, the imprisonment of journalists "deprives not only journalists of their rights to freely express and disseminate their opinions, but also the public, of the right to information." 106 In light of the above, the Commission finds the Respondent State in violation of Article 9 (2) of the African Charter. Alleged violation of Article 16 of the African Charter 168.Article 16 of the Charter reads: (1) Every individual shall have the right to enjoy the best attainable state of physical and mental health. (2) State Parties to the presen t Charter shall take the necessary measures to protect the health of their people and to ensure that they receive medical attention when they are sick. 169.The Complainant contends that the Respondent State's significant delay in providing him with medical assistance and the subsequent insufficient medical