Now at 60, Zambia has made significant strides toward achieving a free society where citizens can picket and express their opinions without fear of reprisal.

Despite numerous milestones, such as the repeal of the defamation of the President and the enactment of the Access to Information Act, significant challenges to freedom of expression persist.

Recent developments reflect Zambia’s ongoing struggle.

The Access to Information Act promises to enhance public access to information, promote transparency, and foster greater participation in governance.

However, issues remain, including the continued use of restrictive laws and practices that threaten freedom of speech.

Amnesty International Zambia’s recent snapshot highlights notable progress, such as efforts to amend the Public Order Act (POA).

The Zambia Law Development Commission (ZLDC) has reviewed the POA and proposed the Public Gathering Bill to replace it.

This bill aimed to address the long-standing misuse of the POA to curtailed freedom of expression, assembly, and association, particularly affecting civil society and opposition parties.

In an insightful scholarly article, Katherine (Hyun-Joo) Mooney, a PhD candidate at Ohio State University, underscores the need for Zambia to make more meaningful concessions regarding free speech.

Mooney noted that President Hakainde Hichilema’s 2022 repeal of the death penalty and the law against publicly defaming the president marked significant progress.

Under Section 69 of the Penal Code, which had been in place since 1965, Zambians could be imprisoned for up to three years for ridiculing the president.

Mooney acknowledged this as a step forward but highlights that media control remains a challenge.

She traced the roots of media control back to Kenneth Kaunda’s regime, which used the media to support his one-party state and Humanist policies.

Kaunda’s administration controlled newspapers and broadcasting services by staffing them with individuals who would publish favorable content.

This approach ensured that government perspectives were predominant, even in the face of criticism.

Despite the return to multi-party politics in 1991, the Movement for Multi-Party Democracy (MMD) failed to liberate the media as promised, continuing to exert executive power over the press.

This persistent control eroded public trust in the media and state institutions, leading to further resistance and repression.

Mooney emphasizes that Zambia’s current administration must address these issues, especially in the digital age.

The 2021 protests against the Cyber Security and Cyber Crimes Act illustrate ongoing concerns about restrictive measures that could undermine freedom of expression.

“The Hichilema administration needs to take heed; otherwise, Zambians will continue to fight tooth and nail for their freedom of expression,” Mooney warned.

She called for the end of the cycle of restrictive laws and violent suppression, a struggle that has persisted since the Kaunda era.

As Zambia continued to navigate these complex issues, the quest for greater speech rights remains a pivotal challenge.

The nation’s progress would depend on its ability to reconcile past practices with the demands of a more open and democratic society.

This story is sponsored by Project Aliyense.

The Socio-Economic Rights and Accountability Project (SERAP) has filed a fresh lawsuit against President Bola Tinubu over his failure to direct the Nigerian National Petroleum Company Limited (NNPCL), to reverse what it calls the ‘unlawful petrol price hike” as well as his failure to probe allegations of corruption and mismanagement in the NNPCL.

Also joined in the suit as respondents are the Attorney General of the Federation and Minister of Justice Mr Lateef Fagbemi, and the NNPCL.

In the suit number FHC/ABJ/CS/1361/2024 filed on Friday at the Federal High Court, Abuja, the advocacy group said it is asking the court “to compel President Tinubu to direct the NNPCL to reverse the unjust, illegal, unconstitutional and unreasonable increase in the price of petrol from N845 per litre to N600 per litre.”

In the suit filed on behalf of SERAP by its lawyer Ebun-Olu Adegboruwa (SAN), SERAP said it is also asking the court to compel President Tinubu to direct Fagbemi and appropriate anti-corruption agencies to probe the allegations of corruption and mismanagement in the NNPC, including the spending of the reported $300 million ‘bailout funds’ collected from the Federal Government in August 2024, and the $6 billion debt it owes suppliers, despite allegedly failing to remit oil revenues to the treasury.

SERAP is asking the court “to compel President Tinubu to direct Mr Lateef Fagbemi, SAN, and appropriate anticorruption agencies to prosecute anyone suspected to be responsible for the alleged corruption and mismanagement in the NNPCL, if there is sufficient admissible evidence, and to recover any proceeds of corruption.”

Details of the lawsuit reads in part:

“The increase in petrol price constitutes a fundamental breach of constitutional guarantees and the country’s international human rights obligations.

“Corruption in the oil sector and the lack of transparency and accountability in the use of public funds to support the operations of the NNPCL have resulted in persistent and unlawful hike in petrol prices.

“Increasing petrol prices at a time when millions of Nigerians continue to face worsening economic conditions is entirely inconsistent with constitutional and international obligations to ensure the minimum living conditions compatible with human dignity.”

“The arbitrary increase has placed a disproportionate burden on the marginalized and most vulnerable sectors of society, particularly those disadvantaged by poverty.

“The increase is seriously jeopardizing their living conditions, as well as individuals’ physical, emotional, and individual development, and intensifying and worsening socioeconomic conditions in the country.

“The increase constitutes a serious human rights problem because of the intensity with which it undermines the enjoyment and exercise by Nigerians of their human rights and renders their civic participation illusory.

“The fundamental right to life includes not only the right of every Nigerian not to be deprived of his/her life arbitrarily, but also the right that he/she will not be prevented from having access to the conditions that guarantee a dignified existence.”

“The growing poverty and inequality in the country has continued to adversely affect the right of Nigerians to participatory democracy, and impede their ability to participate in their own government.

“Nigerians have for far too long been denied justice and the opportunity to get to the bottom of why they continue to pay the price for corruption in the oil sector. The increase in petrol price has rendered already impoverished citizens incapable of satisfying their minimum needs for survival.

“The increase is not inevitable, as it stems from the persistent failure of successive governments to address the allegations of corruption and mismanagement in the oil sector and the impunity of suspected perpetrators.

“Persistent increase in petrol prices keep people in poverty which in turn perpetuates discriminatory attitudes and practices against them.

“The government has a legal obligation to mobilize the maximum of the country’s available resources to ensure people’s socio-economic rights and to protect the most vulnerable and disadvantaged Nigerians.

“The government also has the legal obligations to probe and prosecute allegations of corruption and mismanagement in the NNPCL and to ensure access to justice and effective remedies for victims of corruption.

“Investigating and prosecuting the allegations of corruption and mismanagement in the oil sector would be entirely consistent with the Nigerian Constitution 1999 (as amended), and the country’s international anti-corruption obligations.

“Section 13 of the Nigerian Constitution imposes clear responsibility on the government to conform to, observe and apply the provisions of Chapter 2 of the constitution. Section 15(5) imposes the responsibility on the government to ‘abolish all corrupt practices’ including in the NNPC.

“Under Section 16(1) of the Constitution, the government has a responsibility to secure the maximum welfare, freedom and happiness of every citizen on the basis of social justice and equality of status and opportunity.

“Section 16(2) further provides that, the material resources of the nation are harnessed and distributed as best as possible to serve the common good.

“According to our information, the Nigerian National Petroleum Company (NNPC) Limited recently increased the price of premium motor spirit (PMS), also known as petrol, across its retail outlets.

“The price of the product increased to N855 per litre, from about N600, and in some instances above N900 per litre. The apparently unlawful increase in petrol price followed a scarcity caused by the reported refusal by suppliers to import petroleum products for the NNPCL over a $6 billion debt.

“The NNPC allegedly failed to remit USD$2.04 billion and N164 billion of oil revenues into the public treasury, as documented in the recently published 2020 annual report by the Auditor-General of the Federation.”