The Media and Free Press in Nigeria: Past and Present
A Training Program Organized by the Centre
for Constitutional Governance in collaboration with the US Consulate, Lagos
Nigeria
Venue: Lagos Travel Inn Hotel, Toyin St, Ikeja, Lagos.
7 June 2017
Module 2
The Media and
Free Press in Nigeria: Past and Present
Objectives
Ø To enable
participants have a clear understanding of how free the Nigerian media is?
Partially or totally?
Ø
To ensure that this training knowledge and
understanding would make participants team up (with other media practitioners)
henceforth to achieve total responsible and objective free Press in Nigeria.
Ø
To enhance the skills of
participants to enable them contribute effectively to the advocacy for Press
Freedom in Nigeria.
Materials
Various
Nigerian constitutions and laws, military decrees & executive orders
seminar papers etc.
A
free press is one that is free from government control, according to Weaver,
Buddenbaum and Ellen-Faire (1985).Another definition is summarized by Atkey
(1969) who argued that freedom of the press is the absence of prior government
censorship, and following publication no prosecutions for free expression other
than on widely accepted principle of the general law of jurisprudence, and the
guarantee of non-interference with lawful circulation. This definition of the
concept of press freedom is aptly stated by Schramm, (1967) who in admitting
that society itself exerts
some
controls on the press, contended that controls on the press should rest with
ownership and the courts. Even when control of the press is left in the hands
of media owners and the courts, Schramm, warned that media owners and the
courts must not act irrationally or heavy-highhandedly:
“In general, countries in Western
democratic traditions believe that there should be a minimum of control on the
press, and that such control as there is should rest with ownership, which we
hope will limit their attention to such offences as libel, obscenity, and
sedition presenting a clear and present danger (p. 9).”
However, the debate existed as
to whether the Nigerian Press is free. The first school of thought believes
that the Nigerian Press is not only free but very robust in the discharge of
its duties and social responsibility. The second school of thought however
believes the Nigerian Press is partially free given the draconian measures,
decrees, policies and actions of successive government in Nigeria which
over-archly emasculated press freedom in Nigeria.
Therefore, our analysis
approach to this discourse would be diachronic and thematic, essentially
historical and essentially topical and periodic.
Firstly, what does Press
freedom entail? It is the freedom of expression, communication and
dissemination through various mediums, such as Print (including newspapers and
other published materials) electronic (radio and television) and social media
(internet). Press freedom exists where there is no government control or
interference or obstruction, intimidation and harassment. In this regard, the
media and its freedom are usually protected and preserved by the nation’s
constitution and other international legal conventions to which the nation is a
signatory. One of such conventions is the 1948 United Nations Universal
Declaration of Human Rights which states inter alia "Everyone has the
right to freedom of opinion and expression; this right includes freedom to hold
opinions without interference, and impart information and ideas through any
media regardless of frontiers".This convention therefore is domesticated in the Nigerian constitution and legal system, particularly chapter four of the constitution which deals with 14 fundamental rights, one of which is the ‘Right to freedom of expression and the press’. It states ipso facto:
Section
39. (1) Every person shall be entitled to freedom of expression, including
freedom to hold opinions and to receive and impart ideas and information
without interference.
(2)
Without prejudice to the generality of subsection (1) of this section, every
person shall be entitled to own, establish and operate any medium for the
dissemination of information, ideas and opinions: Provided that no person,
other than the Government of the Federation or of a State or any other person
or body authorized by the President on the fulfillment of conditions laid down
by an Act of the National Assembly, shall own, establish or operate a
television or wireless broadcasting station for, any purpose whatsoever.
(3)
Nothing in this section shall invalidate any law that is reasonably justifiable
in a democratic society - (a) for the purpose of preventing the disclosure. of
information received in confidence, maintaining the authority and independence
of courts or regulating telephony, wireless broadcasting, television or the
exhibition of cinematograph films; or
(b)
imposing restrictions upon persons holding office under the Government of the
Federation or of a State, members of the armed forces of the Federation or
members of the Nigeria Police Force or other Government security services or
agencies established by law.
Underpinning this constitutional guarantee is the fact that no any
other institution, apart from the Executive, Legislature and Judiciary, is
recognized by the Constitution other than the Media as the ‘Fourth Estate of
the Realm’, meaning that the Nigerian Media has the constitutional
responsibility to oversee, monitor, watch over and highlight the executive,
legislature and judiciary pertaining to the implementation of the “Fundamental
Objectives and Directive Principles of State Policy” contained in
Chapter II of the Constitution.
Section 22 of the
Constitution provides that: “The
press, radio, television and other agencies of the mass media shall at all
times be free to uphold the fundamental objectives contained in this Chapter
(Chapter Two) and uphold the responsibility and accountability of the
Government to the people.”
The pertinent question to ask
now is: Is the Nigerian media free at all times to
uphold the fundamental objectives contained in Chapter Two of the Constitution?
Is it free also to fulfill section 39 of the constitution relating to the Right
to freedom of expression and the (freedom of the) press, as prescribed by the
1948 United Nations Universal Declaration of Human Rights?
To answer this question,
let us now go down the memory lane.
There is a long
standing history of press freedom in Nigeria. This freedom has been manifested
in two important ways. First, the print press in the country has been
diversified and generally privately owned. Second, reporters for Nigerian
newspapers and magazines have been relatively free to comment on the affairs of
government even to the point of negative criticism. In fact, before 1983 one long-term African observer suggested that
the press in Nigeria was probably Africa's freest. This is to corroborate the
first school of thought that believes the Nigerian Press is very free.
Government harassment, oppression and
intimidation stages faced by the Nigerian Press from earliest times to the
present.
The Colonial Period:
1850-1959
Therefore throughout
the colonial period, Nigeria, at least in Lagos and some southern Nigerian
cities, had an extremely active and critical press. The role of, and the limits,
on the press were largely defined by British precedents - although it would be a
mistake to assume that Nigerians enjoyed the same freedom to comment as was
enjoyed in Britain. Perhaps the chief restraint on the press was the British
common law of libel. Indeed the payment of fines for libelous publications
seems to have been a regular expenditure for most publishers. In 1903, an
ordinance was enacted in Lagos to require all newspapers to register with the
government and to post a bond for 250 pounds as surety against any penalties
imposed for publishing any blasphemous, seditious or other libel.
The oppression commenced around 1891 when
Official Secrets Ordinance No. 2 of 1891 was introduced up till 1903 when Lord
Fredrick Lugard led Colonial government used the Newspaper Ordinance 1903 which
was further strengthened in 1907 to control the articulate anti -colonial and
anti -Lugard Local Press which were later supported with the Seditious
Publications Act of 1909 and solidified with the introduction of the Criminal
Code in 1916 with specific sections of it making any form of criticism
seditious {offensive}. In other words, this
seditious offenses ordinance made it a crime to publish any statement bringing
or attempting to bring the government into hatred or contempt or which incited
or tried to incite dissatisfaction, disloyalty or feelings of enmity towards
the government or different classes of the population in southern Nigeria.
The most Interesting fact
was that the accused were taken to Court and Colonial Administration abided by
Court judgments which to some extent appeared as a respect to the rule of law
which did not affect jungle justice in forms of victimization to journalists
who criticized government. There were three prosecutions under this
ordinance in the first quarter century following its passage. Journalists like James Bright Davies an
Editor of the Nigerian Times was charged for sedition in 1916 and subsequently
found guilty because he published that Nigeria would be free from Lugard' s
administrative cruelty one day. Not only that, in what was perhaps
the most sensational press cases during the colonial era, Herbert Macaulay, the
leading black political leader of his day, was sentenced to six months
imprisonment (without option of fine) for seditious libel and for criticizing the
government. Macaulay was found to have published a rumor that there was a plot
to assassinate one of the deposed and banished traditional rulers; John Payne
Jackson of the Lagos Weekly Record was jailed in 1925 for two months as well as
J. A. Olushola and Dr. Caulcrick of the Daily News were fined £50.
The First Republic: 1960-1965
This
was the position of things till 1960 when Nigeria gained Independence. The First
Republic was marked by considerable tension between the various regions and
ethnic groups in ferocious contest for political power, with grave consequences
on the fundamental rights of the citizens.
The Supreme Court
gave an extremely restrictive interpretation to press freedom in its 1961
decision in Director of Public Prosecution v. Chike Obi.22 Chike Obi was convicted for
distributing a pamphlet containing the following exhortations:
Down with the enemies of the people, the exploiters
of the weak and oppressors of the poor!
... The days of those who have enriched themselves at the expense of the poor
are numbered. The common man in Nigeria can today no longer be fooled by sweet
talk at election time only to be exploited and treated like dirt after the
booty of office has been shared among the politicians....
A colonial statute
passed during World War II had made it unlawful to publish any statements which
contained a seditious intent. The Supreme Court sustained Chike Obi's
conviction. The opinion of Chief Justice Adetokunbo Ademola stated that the
statute made it illegal "to use words expressive of an intention to effect
the purpose of exciting a state of ill feeling against the Government."
The Justice emphasized that a statement was not seditious if it only pointed
out errors or defects in the government. But a statement could be unlawful even
though it did not incite the public to violence: "What is not permitted is
to criticize the government in a malignant manner ... , for such attacks by
their nature tend to affect the public peace."
The continuing
application or reference citation of the Chike Obi case was questioned
by the Court of Appeals of Anambra State in 1983. Chief Arthur Nwankwo was
convicted of sedition for publishing a book critical of the Governor of Anambra
State. The trial court sentenced him to twelve months imprisonment with hard
labor and banned the publication of the book. Furthermore, the court warned
persons who had purchased the book to surrender their copies at the nearest
police station. A unanimous court of appeals reversed the conviction. The justices
were of the view that the law of sedition as applied to Chike Obi derogated
from the freedom of speech guaranteed in the 1979 Constitution.
In 1962, parliament
passed an official secrets act making it an offense to transmit any matter
designated by the government to be "classified." The law gave
extremely broad discretion to the government in classifying information.
However, perhaps
the most controversial law passed during the First Republic relating to free
speech was the Newspapers (Amendment) Act of 1964. This act, inter alia,
prohibited any person from publishing in any newspaper a statement, rumor,
or report, knowing or having reason to believe that the statement, rumor or
report was false. The law provided that it was no defense for the person to
assert that he did not know or did not have reason to know that the statement
was false unless he proved that prior to publication he took reasonable
measures to verify the accuracy of the statement. The law, however, was
apparently never enforced directly against any journalist.
During the period
between the general election of 1964 and the military coup in January 1966, a
number of local governments passed laws banning designated newspapers because
of their criticism of the local governments. One of the first acts of the
military following the 1966 coup was to invalidate these restrictions and allow
the free distribution of newspapers throughout the country.
The Military Rule: 1966-1979
The
intervention of the military government of General Aguiyi- Ironsi in 1966 which
was welcomed initially based on Nigerians’ disappointment of the then
Politicians who made sumptuous promises during Nationalist struggle which were
kept in abeyance after independence; and consequently laid the worst foundation
for oppressing the press.
The military
government continued to recognize the fundamental rights provisions of the 1963
Constitution and affirmatively protected the press by lifting the ban on
newspapers imposed by many of the civilian governments during the First
Republic.
Further,
the government made it a criminal offense for anyone to prevent or restrict the sale
or distribution of newspapers.
General
Yakubu Gowon who succeeded General Aguiyi-Ironsi in his contribution to this
oppression promulgated the Emergency Decree No. 44 of June 1966 which made it an
offense for anyone to provoke a breach of the peace by a defamatory
or offensive publication.
The decree also made it mandatory for the arrest and detention of Citizens
without lawful warrant and also empowered the Inspector - General of Police and
other Officers of the same or higher rank to search any Newspaper Office or
Premises in Nigeria without warrant or notice; based on which Daily Times
office {Weekend Times} was searched by the Police in 1968. The Decree was
criticized by Nigerians among who was Alhaji Lateef Jakande {1974} who observed
that the Army's Emergency Decree of 1966 was sufficient to turn the Nigerian
Press into a captive press.
The
administration also proceeded in 1967 to promulgate another Decree titled the
Newspaper Prohibition of Circulation Decree 1967 which empowered the Head of
Federal Military Government to restrict from circulation of any newspaper in
Nigeria where he satisfied that it is detrimental to the interest of the
federation or any State thereof within the federation which may subsist within
12 months unless restricted or extended by the Head of State as the case may be
and refusal to comply entitled such journalist to 6 months imprisonment and or
N500 fine.
In an
interview in 1967, Major-General Yakubu Gowon, the Head of the Federal
Military Government, commented that:
I cannot tell them what to do since we do not dictate policy to any press here; they have
been independent as they ought to be. The press has to tell the truth, to be
objective and honest so that the people can rely on what they print. They
should tell us off when they feel we are wrong and commend when they feel it is
worthwhile: We can take it.
Despite these
comments, Gowon signed Decree No. 17 of 1967, which gave the head of the
military government power to prohibit the circulation of any newspaper it felt
was detrimental to the interests of the Federation or of any State.
As
if this was not enough, Trade Disputes (Emergency Provision} Amendment Decree
No 53 of 1969 was also promulgated which made it an offence for any person to
publish in a newspaper, television or radio or by any means of mass
communication, any matter which by reason of dramatization or other deflects in
the manner of its presentation was likely to cause public alarm or industrial
unrest.
Perhaps the most
celebrated free press issue arose in the so-called Amakiri Affair.' Amakiri, a
newspaper reporter who was arrested by one of the state governors, was beaten
and had his head shaved with a dull knife. A high court awarded Amakiri a total
of 10,000 naira for the beating, the detention, and the pain inflicted upon
him.
In 1978, the
military government announced its intention to create a press council to
supervise and control news reporting. The decree was never implemented because
of opposition from the press and the Nigerian public. It was
during this military rule that the federal government purchased controlling
interest in the Daily Times, black Africa's highest circulation newspaper, and
the New Nigerian, the leading newspaper in the north. During
the thirteen years of military rule, it was assumed that the arbitrary
detention of journalists became a standard occupational hazard.
Perusing
these Decrees carefully, it will be discovered that the major motive of this
administration was to shut men of the press up from discharging their primary
role as watchdog and vanguard of nation's building as well as ensuring and
diverting them away from these roles they have been playing since the colonial
era and this was what agitated commentator like Williams Hachten {1976} to
praise pre-1965 Nigerian Press thus:
“…the
best example of libertarian press in Africa has been ebullient and iconoclastic
newspaper of Nigeria before 1965 .... Part of the humiliation and oppression
experienced by men of the Press is what happened to Minere Amakiri the Chief
Correspondent of the Nigerian Observer in Rivers State who was subjected to the
notorious three-tier style of punishment: the shaving of his hair with an old
rusty razor blade, stripping him in full obscene nakedness and the infliction
of 24 strokes of the cane on his back by Military Officers under the
supervision of Ralph Michael Iwowari, who was then an Assistant Superintendent
of Police and the Aide-de-camp to the then Rivers State Governor' Commander
Alfred Diete-Spiff. The fact is that on the 28th July 1973, a press conference
was held by the Nigerian Union of Teachers, Port Harcourt State Chapter which
ventilates grievances she had with the Government of Rivers State. Its publication
coincide with the 31st birthday of the then Governor of Rivers State, Commander
Alfred Diete-Spiff {Guardian Newspaper, 2008} which resulted to the Amakiri 's
experience.”
Unfortunately,
General Muritala Mohammed/General Olusegu Obasanjo's administration brought
General Yakubu Gowon' s Administration to an end around July 1975 and the most
interesting fact about this administration was that instead of departing from
his predecessor's behaviour, the contrary was the case as a result of which
Chris Okoli’s Newbreed Magazine was prohibited from circulation around July
1978 in accordance with Newspaper Prohibition from Circulation Decree 1967. The
administration further promulgated a Decree on 8th April 1979 titled the
Newspaper Public Official Report Decree which provided that any person who
published or reproduced in any form whether written or otherwise; any
statement, rumour or report alleging that a public officer has in any manner
been engaged in corrupt practices or has in any manner corruptly enriched
himself or any other person being a statement, rumour or report which was false
in any material particular, shall be guilty of an offence and be liable on
conviction to imprisonment for a term not exceeding 2 years without option of
fine.
Despite
the fact that the Decree appeared unfair as well as unjust which agitated some
people to perceive it as totally onerous and sweeping among whom was John
Darton {New York Time, 1976} the then Correspondent of New York Times in Lagos
who stated thus:
“...The
Nigerian Press is bristling under a new government Decree Section 1 of
Newspaper Public Official Report Decree, {1979} that imposes several penalties
if an accusation of corruption against a public official is not correct in
every detail.”
Nigerians in general as well as men of the
press in particular accepted their fate. No wonder Alhaji Lateef Jakande {The
Nigerian Tribune, 1976; Chris W. Ogbondah, 1992}, the then Managing Director of
Nigeria Tribune observed that:
"... the decree would stifle criticisms
and offer protection to corrupt officers.... Suppose a reporter comes to know
that certain a Minister purchased a row of buildings {with public money} in a
particular street. If he {the reporter} prints that and it just happens that
the Minister used his wife's name to disguise the purchase, the reporter would
be liable under this law... The only way is not to publish it at all"
The Second Republic:
1979-1983
General Muritala
Mohammed/General Olusegun Obasanjo's administration actually responded to the people's
clamouring for a civilian government on 1st of October 1979 which resulted to
the emergence of Alhaji Shehu Shagari led Civilian Government. The
1979 Constitution also contained a new Chapter II which was patterned on the
Indian Constitution. This chapter set forth the fundamental objectives and
directive principles of state policy.
Specifically,
Chapter II noted that the press, radio, television, and other agencies of the
mass media were to be free to uphold the fundamental objectives of that chapter
and to uphold the responsibility and accountability of the Government to the
people.
The Shagari
led-government consolidated its power by stifling opposition. Shortly after the
elections, the federal government quietly suggested a change of editor and
staff for the government owned Daily Times, which had published stories
commenting on the salaries of the new government officials. The detention of
journalists continued, although most of the abuses seem to have been on the
state level. The offices of the Nigeria Standard were ransacked by police
looking for "vital documents," and the editor of the Sunday Standard
was beaten by a state legislator.
Nonetheless, during this period, the courts
seemed to have become more comfortable with their role as a check on government
excesses. In Momoh v. Senate of the National
Assembly case, the High
Court of Lagos State upheld the claim of a newsman that he was privileged from
testifying before a Senate investigating committee. A reporter wrote an
editorial on corruption and influence peddling in the legislature, and a
committee was convened by the Senate to investigate the matter. The High Court
noted:
“It is a matter of
common knowledge that those who express their opinions, or impart ideas and
information through the medium of a newspaper or any other medium for the
dissemination of information enjoy by customary law and convention a degree of
confidentiality. How else is a disseminator of information to operate if those
who supply him with such information are not assured of protection from
identification or disclosure? ... Is there any doubt in anybody's mind, that
the 49 wise men who formulated the Constitution of the Country were conscious
of the unsavory consequences attendant on any attempt to deafen the public by
preventing or hindering the free flow of information, news and/or ideas from
them. This perhaps explains the reason why the provision of Section 36(1) gives
freedom of expression subject only to the laws of the Country as to libel,
slander, injurious falsehood, etc. Even where such a matter arises it would be
a matter for a court of law to determine and not the legislature.”
The 1979 Constitution
specifically provided that no person, other than the state or federal
government or any other person authorized by the President, could own,
establish or operate a television or radio station. As a result of this
arrangement, it often seemed that the National Television Authority operated
primarily as a propaganda organ of the NPN, the ruling party on the national
level, and that the state networks promulgated the views of the party in
control of the state. At one point, a television newscaster in the old Anambra
State walked out in the middle of a newscast. He announced to the audience,
"I am sorry. I cannot with my conscience continue
to read this news full of falsehood. I hereby resign my appointment with
immediate effect." Confusion reigned for five minutes, until someone from
the station took over and apologized to the viewers.
The Military Rule:
1984-1999
Be
that as it may, the Shagari’s government was subsequently brought to an end on
31st of December 1983 through coup d'etat which brought General Buhari led
Military Government into power. As customary to Nigeria Military Government
political culture, the administration introduced series of draconian Decrees to
curtail press and others who appeared as antagonists to Nigeria Military
Government's desire.
In
1984, Decree No 4 of 1984 otherwise known as the Public Officers (Protection
against False Accusation} Decree 1984 was introduced. The Decree made it an
offence for a Newspaper or any Wireless Telegraphy Station in Nigeria to
publish or transmit any message, rumour, report or statement which is false in
particular that any Public Officer has in any manner corruptly enriched himself
or any other person . The Decree also made any person found guilty of this
offence to be liable on conviction to imprisonment for a term not exceeding two
years without the option of fine and in the case of a corporate body to a fine
not less than N10, 000. Not only that, the Decree also prohibited the
circulation of any Newspaper that may be detrimental to the interest of the
federation or any part thereof as well as empowered the Federal Military
Government to revoke the license granted to such Wireless Telegraphy Stations
under the provision of the Wireless Telegraphy Act 1961 or order the closure or
forfeiture of such Newspaper to the Federal Military Government.
It
is interesting to note that the same Decree provided that where the offence was
committed by a Corporate Body, every person who at the time of the commission
of the offence was the Proprietor, Publisher, General Manager, Editor,
Secretary or other similar Officer of the Corporate Body or was purporting to
act in any such capacity shall be deem to be guilty of that offence unless he
proved that the offence was committed without his consent or connivance and he
had acted to prevent such an offence .
The
Guardian Newspaper was the first and the last Newspaper to be caught by this
trap as a result of which two journalists Messrs Nduka Irabor and Tunde
Thompson were jailed and the paper was ordered to pay N50, 000 as fine. The
regime of General Buhari was brought to an end on 27th of August 1985 by
General Ibrahim Babangida led administration which in its inception released
Messrs Tunde Thompson and Nduka Irabor jailed during General Mohammed
Buhari's administration.
The
regime played on Nigerians' intelligence initially, promised Nigerians in
general and Men of the Press in particular, peaceful political arena that will
be different from its predecessor's and as a matter of fact acted contrary to
his declaration. No wonder Arthur Nzeribe {1990} posited as follows in respect
of Head of the Military Government:
"I
have a President nicknamed Maradona, who has not done everything he said he
would do and has done everything he said he would not do. My President set out
initially trying to be loved, by all and to please all but end up being doubted
by all for being unpredictable and contradictory... He dribbles and jogs
Nigerians better than Maradona does with football players ... a consummate
soldier, leader, strategist, ruthless and selfish politician... an opportunist
in the political arena; ... bold, fearless and full of enterprises. He is
cunning and foxy".
Also
Reuben Abati {1998} stated that Babangida administration which assumed power in
1985 had begun on a populist note. It wooed the press by pretending to undo the
atrocities of the previous administration but within a year Babangida and his
men also began to censor the press.
The
administration repealed Decree No 2 of 1984 and re-introduced another Decree
titled the State Security {Detention of Persons} Decree 2 1984 which was used
to deal ruthlessly with the Press. The regime proscribed Newswatch Magazine for
Six months around 1985 and was alleged to be the brain behind the assassination
of its Editor - in-Chief, Dele Giwa in
October 1986 via a parcel bomb {{Media Right Agenda, 2008}.
Also
the administration promulgated the Nigerian Press Council Decree No. 85 of 1992
which established the Nigerian Press Council to deal with complaints by members
of the public against the conduct of Journalists in their professional capacity.
Also the administration on 9th April
1992 promulgated another Decree targeting on Concord Newspapers called Concord
Group of Newspapers Publication {Proscription and Prohibition from circulation}
Decree No 14 1992 and as well restricted the intervention of Court in respect
of any act done in compliance with the Decree which was repealed on 11th May
1992 through the promulgation of another Decree titled the Concord Group of
Newspapers Publication {Proscription and Prohibition from circulation} {Repeal}
No 17 of 1992.
The
administration also proscribed the publication as well as prohibited from
circulation the following Newspapers around 1993 Africa Concord Magazine,
Weekend Concord, Sunday Concord, National Concord, The Punch, Saturday Punch,
Sunday Punch, Daily Sketch, Sunday Sketch and Nigerian Observer.
It
is interesting to note that despite all these, the worst and turbulent
experience of the Nigerian Press occurred under General Sanni Abacha's regime
of 1994 to 1998. General Abacha did not bother to woo or befriend Nigerian
Press but instead muzzled the Nigerian Press and even by act held contrary
opinion to Thomas Jefferson's position that where it is left to him to decide
whether there should be a government without newspaper or newspaper without
government, he will prefer the latter {A. A. Yahaya, 1990}. The regime did not
rely much on promulgation of any draconian Decrees to attack the press. Instead
Journalist were being alleged of conspiring in the execution of coup and
subsequently jailed; newsprint were seized the ports; newspaper houses were
proscribed; vendors of enemy publications were harassed; newspaper proprietors
were attacked,; publications were proscribed; while fake publications became
popular which were extended to electronic media (e.g Radio Kudirat)..
It
is very interesting at this stage to note that some Journalists were implicated
and secretly tried along with General Olusegun Obasanjo and his Erstwhile
Deputy; Late General Shehu Yar Adua with some serving and retired Military
Officers to have conspired in plotting 1995 phantom coup and subsequently
sentenced to life imprisonment which were later commuted to 15 years imprisonment
each by General Abdulsalam Abubakar's regime. The affected Journalist were
Kunle Ajibade the then Editor of TheNEWS magazine, Ben Charles Obi former
Editor of the Defunct Classique magazine, George Mbah a Senior Assistant Editor
with TELL magazine and Chris Anyanwu former Publisher and Editor-in-Chief of
the defunct The Sunday Magazine (TSM). This was later extended to Niran Malaolu
former Editor of The Diet Newspaper in 1997 phantom coup.
The
aggregated experiences of Nigerian journalists pointed the way tolack of Press
freedom. But Reuben Abati {1998} saw them as mere challenges. He posited that:
“Nigerian
Press has faced several challenges since 1895 but no challenges has been more
of a problem than the menace of military rule and threats to the freedom of the
press and the capacity of the press to fulfill its mission as the voice of the
voiceless and defender of the oppressed . . . So serious is Press censorship in
Nigeria that between 1903 and 1998, there have been 29 anti- press legislation
in the books. No other industry has been confronted with such a degree of
official antagonism.
The
sudden death of General Sanni Abacha brought his government to an end which
resulted in General Abdulsalam Abubakar led-administration. This government was
just slightly different from his predecessors as it proscribed Guardian
Newspaper and Guardian Weekly Magazine on 14th August 1998 through Decree No. 8
of 1998. However, the administration amended the Nigerian Press Council Decree
No. 85 of 1992 few days to the end of the government.
The
new Decree titled the Nigerian Press Council (Amendment) Decree No. 60 of 1999
empowered the Council to be in-charge of registration of journalists and
newspapers as well as magazines annually which also provided for the imposition
of heavy sanctions on the proprietors and publishers of any newspaper and
magazine which failed to register in accordance with the provisions of the
Decree. The Decree in contradiction to Section 7 of the former 1992 decree
provided that the Council shall adopt "the Code of Conduct of the Nigerian
Union of Journalists to guide the Press and Journalists in the performance of
their duties" and empowered the Council to require the Nigerian Union of
Journalist to provide the "Code of Professional and Ethical Conduct"
which shall subject to the approval of the Council.
It implies that the Council will no longer
adopt the existing Code of Conduct for journalists but only a Code of
Professional and Ethical Conduct approved by it will be recognized. But the
indelible footprint associated with this regime was that the regime actually
responded to usher in a new civilian government 29th May 1999 and as
a matter of fact increased the people's hope on free press in the political arena.
Sadly
however, the new democratic regime did not depart from humiliating and oppressing
men of the Press or allowed freedom of expression and information on the press
without constraints. The experiences of Journalists in 2000 must not be left
out. There were Nnamdi Onyeuma, Emmanuel Okike-Ogah, Ogbonaya Okorie, Ademola
Adegbamigbe and Igha Oghole {United State Bureau of Democracy, Human Rights,
and Labour, 2000}. Also Fidelis Mbah {the Local Correspondent of British
Broadcasting Corporation (BBC)} as well as Tade Oludayo of Silverbird
Television and Rhythm FM radio. They were arrested and detained in Ibadan the
Capital City of Oyo State on January 10 2008 simply for taking photographs of a
controversial statue of an "Unknown Soldier" erected to replace the
statue of Chief Obafemi Awolowo by the Oyo State Government in a public place
{Media Sustainability Index, 2006-2007}.
The Current
Democratic Rule: 1999-2017
Added
to this, the Nigeria government still allowed the existence of some laws that
constituted threat to freedom of press. Though, some of them are not directly
aimed at the media, but because of their sweeping nature, posed a threat to
media practice, and the efforts calling for media law reforms were thwarted or neglected.
Instead, the government felt threatened {Media Rights Agenda, 2000} but with
assurances later on, a Committee was constituted with the mandate of suggesting
recommendations for a possible review of the Nigeria Press Council Act which
culminated in The Nigerian Press and Practice of Journalism Council Bill 2009
at the National Assembly for consideration into law {Tribune Newspaper, 2009}.
However,
some media practitioners have instituted action in their personal capacities
and representation of other members of the Newspapers Properties Association of
Nigeria {NPAN} with suit No. FHC/L/CS/ 1324/99 challenging the
constitutionality of the Nigeria Press Council Decree No. 85 of 1992 as amended
by Nigerian Press Council (Amendment) Decree No. 60 of 1999 and seeking a
declaration that in so far the Nigerian Press Council Decree No. 85 of 1992 and
the Nigerian Press Council (Amendment) Decree No. 60 of 1999 now Nigerian Press
Council Act Cap N128, Laws of Federation of Nigeria 2004 are inconsistent with
Section 4(2) (4) (a) and (b) of the 1999 Constitution; it is null and void
{Vanguard Newspaper, 2010}; in which the case was decided by Federal High Court
{Tribune, 2011} sitting in Lagos in favour of NPAN in which the other Party has
now gone on appeal.
In
response to people's demand for a free press, a Bill titled Freedom of
Information {FOI} Bill was introduced to the House of Representatives in 2003
as a private member Bill which did not see the light of the day as President
Olusegun Obasanjo administration eventually ended in 2007 without passing it
into law. A new President, Umaru Musa Yar' Adua was elected in 2007. The
government was expected to perform better on it but only raised the hope of the
people that it will soon become law as the House of Representatives immediately
passed it unto law. Sadly, it took the
Senate two years to complete deliberation on it and at the end of the day was
struck- out. The sudden death of President Yar' Adua led to his succession by
President Goodluck Jonathan whose government had tremendous impact as far as
passage of Freedom of Information Bill is concern because both the House of
Representatives and the Senate passed it into Law in 2011.
The
Freedom of Information Law 2011 made information freely available to Press and
other Nigerians who so require such information. Corroborating this Chief
Lateef Jakande stated thus:
“The
FOI bill or law will strengthen the profession because it will give the
journalists the backing they require to probe information, to acquire information
and to publish it {Punch Newspaper, 201 1 }.
Under Goodluck Jonathan (2010-2015) and
Muhammadu Buhari administration (2015-to the present), self-censorship, physical assaults, and intimidation along
with impunity for crimes against journalists remain major concerns. A number of
journalists were intimidated, harassed, and physically assaulted in connection
with their work, (including in the run-up to the elections).
Despite the fact that the amended
1999 constitution guarantees freedoms of expression and of the press, and even
the Courts sometimes expand legal protections for journalists and provide fair
rulings on cases involving the media, the Sharia (Islamic law) statutes, which
are in effect in 12 northern states, impose severe penalties for alleged press
offenses. However, they have not been implemented in practice. Other criminal
and civil laws applicable to the entire country punish various press and speech
offenses, including sedition, criminal defamation, and publication of false
news.
A Frivolous Petitions Bill, which
passed its second reading in the Senate in December 2015, would mandate a
two-year prison sentence and/or a 2 million Naira fine for posting on social
media outlets abusive statements against a person, group, or government
institution. Nearly two dozen Nigerian and international organizations,
including the Committee to Protect Journalists (CPJ), called on the government
to reject the bill because it marked an encroachment on freedom of expression.
Many journalists have been charged
with criminal defamation in recent years, though in most cases the charges were
eventually withdrawn. One of the more serious cases involved the Leadership
newspaper editor Tony Amokeodo and political correspondent Chibuzor Ukuibe, who
were charged in 2013 over the publication of a memo allegedly written by President
Goodluck Jonathan on plans to increase fuel prices and disrupt the merger of
opposition political parties. The two journalists and the paper’s parent
company faced 11 criminal counts, including forgery, conspiracy to commit a
felony, and incitement of public disaffection against the president. The
government withdrew the charges shortly thereafter.
Impunity for those who commit crimes
against journalists remains a problem. Nigeria was ranked 13 on CPJ’s 2015
Global Impunity Index, which assesses countries based on the number of unsolved
journalist murders per capita over the preceding decade.
As reiterated earlier, the 2011
Freedom of Information Act guarantees citizens’ right to public information and
has put pressure on government agencies to release records in response to
petitions by media and activist groups. Some state governors have balked at
complying with the law, arguing that the federal legislation is not applicable
to the states. According to an October 2015 study by the Right to Know Nigeria
group, none of the 39 government institutions assessed had complied in 2012 or
2013 with the legal obligation to proactively disclose information.
Public agencies responsible for
media licensing and regulation are run by government appointees whose decisions
are not independent, according to CPJ. The National Broadcasting Commission
(NBC), the agency responsible for processing applications for broadcast
licenses and upholding the broadcast code, has come under particular scrutiny
for processes and decisions that critics view as opaque and politically biased.
Mangled and Mauled Nigerian Press in our recent past
Apart
from the historical and periodic analysis of Press freedom in Nigeria, there is
a compelling need to examine the various measures utilized to restrict press
freedom. These include: prior censorship, seizure, closure and suspension of
publications and media houses. Other measures are arbitrary arrest and
detention of journalists, physical torture, murder, missing in the line of
duty, imprisonment of journalists, expulsion of foreign correspondents,
dismissal and retrenchment of journalists, threats, intimidation etc.
a) Media seizure and closure
In
April 1992, the military junta in Nigeria also closed down the premises of
Concord Press at Isolo Industrial Estate in Lagos, just hours after the April
13 edition of the popular weekly news magazine, African Concord, hit the
streets {IPI Report, no. 5, 1992). The Babangida led junta was angry
over the cover story of the magazine headlined "Has Babangida given
up," which criticized some of the government's economic policies.
In
July 1993, the Nigerian government seized about 100,000 copies of Telnn in
connection with the news magazine's critical commentaries on the annulled June
23, 1993 presidential election. Soon after that, on July 23 that year, the government vexatiously closed down six media houses: Abuja Newsday, Concord,
Nigerian Observer, The Punch,
The Sketch and the Ogun State Broadcasting
Corporation. The government explained through the then
secretary for information, Uche Chukwumerije, that
the action was taken because of the
"excesses" of these media which continued "in spite of repeated warnings" (Ogbondah,
1994, p. 158). Notably enough, the January 1994
issue of the magazine was also confiscated by the new
Sani Abacha
Military
junta for publishing an article titled "The return of tyranny: Abacha
bares his fangs."
b) Detention
Detention
and imprisonment of journalists is another measure utilized to curb freedom of
expression in the media. This measure serves two purposes: i) It discourages
other journalists from disseminating criticisms of the government; ii) It
chills and even freezes journalistic expressions at least during the period
that the journalist is in detention or prison.
Government
security agents in July 1993, arrested and detained Olayinka Tella, the Abuja
bureau chief of The News, a weekly magazine. No reasons were given for
the government action. Later in August, officers of the state security, SSS,
stormed the Wuse district offices of the Abuja News Day and
whisked off its editor, Emmanuel Udoka; production editor, Victor Effic; copy-typist,
Mariam Osakwe and a sales officer of the newspaper. Security agents later
picked up the paper's editor-in-chief, Bukar Zarma, from his residence in
Kaduna and drove him to Abuja where he was detained without explanation for two
days. The government action followed the paper's publication in its July 21-27 issue
that Kola, the son of M.K.O. Abiola (who aspired to take over political power
from President Babangida) and Aisha, Babangida's daughter, may wed.
c)
Assassinations
I
must add that this discourse will not be complete without mentioning
Journalists who murdered or missing in the line of duty either by the agents of
the state or their collaborators.
During
the military president Babangida era, it was a great delight to read the
Newswatch magazine stories after stories notably ‘Gloria Okon’s case; the Wheat
Trap; the sack of the former Public
Relations Officer, ASP Alozie Ogugbuaja (of soldiers drinking
pepper soup saga); etc. Newswatch had published these stories and many that
pointed accusing fingers at the IBB government to which found uncomfortable.
Dele Giwa, the magazine’s editor-in-chief, who had been wining and dining with
top military brass and government functionaries, was unprecedentedly
assassinated through a parcel bomb delivered to his residential home when
Kayode Soyinka (the magazine’s London bureau chief) was with Giwa in his
bedroom.
Godwin Agbroko:
The death of chairman, ThisDay Editorial Board, Godwin Agboroko, was another
challenge to the police. His killers, till date, have not been unmasked.
Bayo Ohu: Another pen pusher and Assistant News Editor of The Guardian Newspapers, was also killed, leaving law enforcement agencies guessing ‘who dun it’.
Bagauda Kalto of The News magazine was abducted from his room in Durbar Hotel and murdered during the Abacha dictatorship and so far, there are no clues yet as to who did it.
The
Committee to Protect Journalists (CPJ) lists 19 journalists that were killed
between 1992 and 2013 in Nigeria. In 10 cases the motive was confirmed as being
related to their work. Notables are: Enenche
Akogwu of Channels TV in Kano on January 20, 2010; Zakariya Isa of Nigeria
Television Authority in Maiduguri on October 22, 2011; Sunday Gyang Bwede of The Light Bearer
in Jos, Plateau State on April 24, 2010; Nathan S. Dabak of The Light Bearer in Jos, Plateau State on April 24, 2010; Bayo Ohu of The Guardian in Lagos on
September 20, 2009; Samson Bovi of The
Scope in Adamawa State on November 5, 1999; Okezie Amaruben of Newsservice in Enugu on October 2, 1998; and Tunde Oladepo The Guardian in Abeokuta
on February 6, 1998.Bayo Ohu: Another pen pusher and Assistant News Editor of The Guardian Newspapers, was also killed, leaving law enforcement agencies guessing ‘who dun it’.
Bagauda Kalto of The News magazine was abducted from his room in Durbar Hotel and murdered during the Abacha dictatorship and so far, there are no clues yet as to who did it.
Because no one has been convicted of the murder of 5 journalists, Nigeria is ranked 13th on the CPJ’s 2015 Global Impunity Index, which spotlights countries where the killers of journalists walk free.
Buhari’s claim that his administration has not killed any journalist is therefore correct, but the CPJ’s West Africa representative, Peter Nkanga, told Africa Check that Buhari’s claim that the current government has not harassed any journalist “is far from the truth.” “Nothing has changed from the attacks on the press we have witnessed in the last 16 years, since our return to democracy in 1999.” “Attacks are still ongoing, with the greatest level of impunity you can think of,” Nkanga said.
d) Censorship
Prior censorship remains mandatory in Nigeria. Nigeria has one of the most vibrant and
varied media landscapes in Africa, and the print sector in particular is
generally outspoken in its condemnation of unpopular government policies.
However, the media occasionally face interference from public officials and
regulators over government criticism or coverage of sensitive issues, such as
high-level corruption and national security. In 2014, the NBC issued a
directive requiring all broadcasters to submit written notice 48 hours before
live transmissions of any political program. The NBC claimed that the directive
was meant to preserve national unity ahead of the 2015 elections by stemming
“inciting, provocative, and highly divisive comments.” The following month, the
NBC suspended the broadcast of a popular radio show on Splash FM after a promotional
clip referred to a federal lawmaker as a criminal.
A 2004 NBC ban on the live
rebroadcast of foreign programs, including news, on domestic stations remains
in force. However, international broadcasters such as the British Broadcasting
Corporation (BBC), Voice of America, and Radio France International are among
the key sources of news in the country. Some journalists self-censor on
sensitive political, social, ethnic, or religious issues as a result of verbal
threats and assaults, as well as due to reluctance to displease media owners
and sponsors.
e)
Harassment, intimidation, threats and torture of journalists.
Journalists
continue to face intimidation, harassment, and physical attacks in connection
with their work. In June 2006 Gbenga Aruleba and Rotimi
Durojaiye of African Independent Television were arrested and detained by State
Security Service (SSS) under charges of sedition against the federal
government. According to a survey by the Media Foundation for West Africa, Nigeria recorded 11 violations of press freedom in the second quarter of 2015, the most of any of the 16 countries analyzed during that period. A report by the Lagos-based International Press Centre revealed that followers of militia groups were the most common perpetrators of attacks against journalists in November and December, followed by police officers.
Although no Nigerian journalist has been killed in the line of duty since Buhari came to power in 2015, several cases of the harassment and detention of journalists have been reported.
In June 2015, suspected smugglers assaulted and seriously injured two journalists—Yomi Olomofe, executive director of the monthly Prime Magazine, and McDominic Nkpemenyie, a correspondent with Tide Newspaper—near the Nigeria Customs Service office along Seme border with Benin Republic. The two journalists were reportedly investigating reports that customs officials on the Nigeria-Benin border were assisting smugglers when more than 15 men attacked him and McDominic in front of senior officials, who did not intervene. Olomofe was beaten until he lost consciousness.
In November, about 10 members of the
Nigerian Prison Service assaulted and handcuffed Emmanuel Elebeke, a reporter
with the Vanguard newspaper, while he was taking photographs of murder suspects
outside a court building in Abuja; he was released but his camera was seized.
Also, Road safety officials demanded the phones of Nnamdi Ofonye from silverbird TV and Tope Kuteyi from Channels TV, accusing them of having filmed a video of them arguing with a motorist. When they refused, armed civil defence officers were called in to arrest them, also taking Obioma Oburuoga of Africa Independent Television (AIT) into custody, reportedly while punching, slapping and kicking the journalists.
Members of the press have been
assaulted for their unfavorable coverage of political figures. In May 2016, Hir
Joseph, a correspondent with the independent Daily Trust newspaper, was
left unconscious after being attacked by supporters of the governor of Nasarawa
State. Joseph had received repeated threats from acquaintances of the governor,
who reportedly had been unhappy with a story Joseph had written about him. In
June, Kamarudeen Ogundele, a correspondent with the Punch newspaper, was
beaten by people, he described as supporters of the Ekiti State governor; he
had been photographing women praying for peace after the governor’s supporters
tried to prevent opposition lawmakers from entering the state’s parliament
building.
During the run-up to the 2015
elections, both security forces and militants attacked journalists, often while
they were covering political rallies.
Critical news websites face
occasional interference and restrictions on access. In 2014, the website of the
Premium Times, an online newspaper based in Abuja, suffered a
denial-of-service attack. Users attempting to access the site received a
“website blocked” message, and two days later the site crashed for nine hours.
When reminded that defamation of character is a civil case that Mr. Buratai should have pursued in the court of law, Mr. Awunah said he would try to establish if the matter involved criminal defamation.“By tomorrow, I will know more details about the development and get back to you.”
f) Dismissal and suspension
The
dismissal, or suspension, of journalists is another measure utilized to control
freedom of expression. In Nigeria, the
managing director of the mostly government- owned Daily Times, Yemi
Ogunbiyi, was fired from his job early in 1992 for publishing a story in which
Nobel Prize winner, Wole Soyinka, criticized the open ballot system of voting
introduced by the military government.
In Nigeria, it is common for
journalists to be beaten up, threatened, fined, intimidated and harassed by
governmental efforts to restrict the right of freedom of expression.
Corruption and Embezzlement of Development Resources
Why
is the Nigerian press under constant attack by the government? What rationales
help explain the control measures placed on the Nigerian press? Our argument here
is that the Nigerian press is controlled by the government for the fear that a
free press would readily unearth the staggering proportions of graft, ineptitude,
lack of accountability as well as the corruption, mismanagement, bribery,
roguery and official stealing of the people's resources inherent within the
ruling elite class.
The
extent of corruption in Nigeria can be put in some perspective with three or
four examples.
a.
The Malabu oil deals
b.
The Dasukigate of #2.1
billion Boko Haram misadventure.
c.
The various military arms
procurement deals
d.
$20 billion missing money
from the foreign reserves during Jonathan era
e.
#4.3 trillion unremitted
money from NNPC account according to the audit conducted by the Auditor-general
of the Federation
f.
Various frauds associated
with oil subsidy scandals during Jonathan era
g.
The Siemens Scandals
etc
Following the
overthrow of the Shagari government on December 31,
1983 by the military regime of Muhammadu Buhari, it was discovered that British
Aerospace paid twenty-two million pounds in bribe to top officials of the
Nigerian government (West Africa. March 26, 1984, p. 691). One
international arms dealer, Glanco Partel, once told Italian investigators that
Nigerian government officials (especially in the ministry of defense) purchase
arms solely for the kickbacks they receive from such contracts.
Also,
a special tribunal that looked into the activities of the deposed Shagari
government in Nigeria revealed that the then Federal Minister for Finance,
Victor Masi, among other corrupt practices, received a $2m-bribe in return for
a government guarantee on foreign loan. The tribunal also revealed that the
governors of the then 19 states except Lagos State, improperly enriched
themselves with public money. For example, it was found that the governor of
the then Anambra state, Jim Nwobodo, stashed $10m from the state treasury; and
the governor of Kano state, Sabo Bakin
Zuwo,
tucked away $6m in the ceiling of his house (Ogbondah, 1994).
Also,
when Gen. Yakubu Gowon was overthrown on July 29, 1975, twenty-three (23) commissions
of inquiry that probed the activities of the regime found ten of Gowon's twelve
military governors guilty of abuse of office (Dudley, 1982). During Gowon's
regime also, the value of wasted public funds in the then Western state went
from 11,143 Naira (about $17,000) in 1972 to 67,598 Naira in 1973 (Lubeck,
1987). Companies that were unable to pay bribes to top government officials,
lost contracts in Nigeria. For example, General Electric and Electronics in
U.S.A. lost a $1.8b contract in the mid 1970s because it refused to give a
"dash" (tip) or "kola" in connection with the award of the
contract. The contract went to ITT and Siemens of West Germany (Forbes, Dec.l,
1976).
The
burning of several government buildings in the 1980s further attests to
corruption in official quarters in Nigeria. After the overthrow of Shehu
Shagari's government in December 1983, the 37-storey Nigerian External
Telecommunications (NET) building, the tallest building in Africa and the
Accounts
section of the Federal Capital Development Authority in Abuja, were all set on
fire apparently to conceal illegal and fraudulent activities of government
officials (Falola and Ihonvbere, 1985, p. 108).
One
Nigerian journalist summed
up the corrupt nature of Nigerian governments, and said that "the story of governments in Nigeria is
largely the story of corruption..." (Newswatch.
August 25, 1986, p. 11). Writing
on the corruptive propensity of government officials in Nigeria, Dan Agbese
(1988) said: The magnitude and prevalence of the various cases of
"abuses" and "corruption" in the Nigerian defense
procurement process...amply demonstrate that these "abuses" and
"corruption" are not aberrations and isolated deviations from the
norm. On the contrary, they are the predictable and systematic features of a
strategy of private capital accumulation that inordinately relies on the control
of the state (p. 285).
Rimmer
(1985) noted that: "In good times as well as bad, Nigeria is administered
excessively, inefficiently, corruptly and often ineffectively" (p. 445).
Benefits of a free Press
It is
not that a free press will automatically or singlehandedly bring an end to corruption
in Nigeria. But it would help nip corruption in the bud by exposing many of the
intended official schemes to embezzle public money.
Also,
a free press will help provide that check on the ruling class which no other
institution of the society can provide. In this way, the magnitude of
corruption could be reduced. If corruption is partly responsible for the
failure of development efforts in Nigeria as Pratt (1993) and some others have
noted, then it can be logically argued that any institution that can help stem
corruption is vital in the development of the political economy of that country.
This
role of the media in development will be significant if it is free to: i)
investigate and expose corruption, fraud, theft, illicit economic ventures of
all kinds and other official wrong-doings, including smuggling and export-import
swindles by the leaders; ii) participate in the decision-making process of
allocation and utilization of national resources for development.
Guided Questions for Discussion
(i)
Given what has played out during this
discourse, can we still say the Nigerian Press is truly free?
(ii)
Successive
governments in Nigeria have been very uncomfortable with the Nigerian Press
especially pertaining to its constitutional role contained in Chapter II of the
Constitution, and exposing corrupt practices generally, how can the journalists
continue to uphold these tenets?
(iii)
Journalists
across the country are divided: some supporting different political parties and
owners’ interests, what can the Guide of Editors, Nigerian Union of Journalists
and other umbrella organizations do to forge unity among journalists towards
the realization of total press freedom?
(iv)
Why
can’t these umbrella organizations engage private investigators to unravel
cases of journalists murdered or missing in the line of duty, and also engage
lawyers to defend those in detention?
(v)
The
Freedom of Information law is not being explored and used by journalists the
way it should. Is it lack of adequate knowledge of its benefits or simply put:
journalists only prefer what accrues to them in terms personal benefits instead
of the altruistic values of the profession?
(vi)
The
Nigerian Press must continue to hold leaders in government accountable to the
Nigerian people but the press has failed in this respect. What can (and should)
we do?
Many thanks
Pastor Adedeji Adeleye Executive Director,
Independent Advocacy Project (IAP)
Lagos, Nigeria June 7, 2017
