existence of criminal liability
for such errors impedes
their right to freedom of
expression and so cannot be provided by law and that maintaining the provision has
not been shown to serve any legitimate purpose.
The plaintiffs further contended that limitations in order to be lawful must be shown
to be necessary in a democratic society and proportionate to the aim pursued.
The defendant in response maintained that the provisions of the sections. under
reference satisfy the requirements ofa good law within the contemplation of Article
19(3) of ICCPR. They further submit
chat the interpretation of what is harmful or
offensive to the reputation of others are culturally and politically relative afd that
the stipulations in the provisions being challenged are reflections of the Defendants
cultural and political peculiarities and needs and so within the requirements of
Article 19(3) and 27(2) of the ICCPR and the African Charter.
The defendant further refers to the definition of sedition in Black’s law dictionary
and submits that the limitation on the freedom of expression contained in the sections
aims at containing advocacy directed at inciting imminent lawless actions within the
state. The defendant further contends that the sanctions are liberal and proportionate
in so far as they do not impose mandatory custodial sentence but include option of
fine
Article
19 of UDHR
and Article
expression and information.
19 of ICCPR
make
provision for freedom of
However, Article 19(3) of ICCPR
34
goes further to