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BUHARI, HIS MEN AND HIS THREE CARDINAL PROGRAMMES

          STATE OF THE NATION:                                                                              BUHARI, HIS MEN AND HIS THREE CARDINAL PROGRAMMES                                                   

A CRITICAL ASSESSMENT                                                                          Being A Paper Presentation at the Media Parley Organized by OneVoice Coalition at the Center for Constitutional Governance (CCG), Ilupeju Lagos, Thursday November 23, 2017.  

Caveat: (1) As civil society professionals and practitioners, we are more concerned with the impact of government policies, activities and programmes on the ordinary citizens. More often than not, they bear the full consequences of harsh policies. Our position therefore is from this perspective.

(2) We are not the presidential media team of President Buhari whose moral duty is to always launder his image, especially judging from the patronizing book just released last week. We are non-state actors and therefore we are going to assess President Buhari within the governance space.

When President Muhammadu Buhari took over on May 29, 2015, Nigerians were full of high hopes and expectations that he was going to fix many aspects of the nation requiring quick fixes.  Unfortunately, the President busted the bubbles of hopes and expectations of many Nigerians: First, it took him three months to appoint his own aides and ended up appointing some bad officials whose integrity have been dented. Whereas soon after he was sworn in as President, General Olusegun Obasanjo released his first appointments on the same day of May 29, 1999. And no one could fault Obasanjo’s choice of key aides: General Mohammed as Chief of Staff; General Gusau as NSA; Chief Ekaette as SGF; Col. Areh as DG of SSS, among others.

However, it took 166 days for Buhari to form his cabinet. Does it mean for more than ten years that he was contesting to be president he did not have a plan let alone a team to help him carry out his plan? He admitted that he gave directive for boards to be reconstituted since October 2015 but that directive is yet to be carried out. He appears to, not only over delegate his presidential powers but apparently abdicates his responsibility too

In addition, it took President Buhari 14 months for his government to finally unveil its medium-term economic strategy, the Economic Recovery and Growth Plan (ERGP). Not to mention the lack of improvement in the now-customary practice of delayed budget presentations (and, therefore, approvals). By all means, the Buhari administration can, so far, only be described as taking a bad situation and making it worse. For this reason, continued attempts to paint the government as a victim of a set of unfortunate circumstances are, at most, disingenuous

During the 2015 general elections, President Buhari and the APC had made a number of promises, out of which three key themes stood out: improving Nigeria’s security environment; tackling corruption; and economic reforms. The record appears more mixed, albeit more skewed towards under-performance.

Security

When Buhari came into office, Nigeria’s most pressing security challenges were the menace of Fulani herdsmen rampaging farmlands in Benue, Nassarawa and Enugu States as well as some parts of Ondo, Ekiti and Kogi States; the Niger Delta militants and Boko Haram. While government was able to free many of the Chibok girls and also contain and diminish the Boko Haram insurgency through combination of factors (intelligence gathering, superior weaponry, assistance from international community, surrender by many insurgents etc), the fight is yet from over. Sporadic suicide bombing still take place here and there in Bornu, Adamawa and Yobe States. Government cannot claim ignorance of this loss of lives and properties. Given the current situation, what seems debatable however is whether Buhari’s government can be given a big pass mark on the war against Boko Haram. Nonetheless, it seems less contentious a fact that his government has not directly worsened the situation. Even if the government appears to be doing too little in dealing with the fallout i.e. the risk of famine or drought in the North East as a result of Boko Haram’s nine-year terror campaign in the region and its devastating impacts on farming and trading activities which, we believe, have not yet been fully quantified in Naira terms. And we may never know the exact amount of losses because majority of the citizens in the northeast are illiterates who do not keep records.

The second security challenge is the various Niger Delta militants spearheaded by the so called Niger Delta Avengers, tabling long-held grievances in the oil producing region. The debate existed as to whether the pipeline vandalism (explosions and destruction) and other violence are due to political sabotage driven by Buhari’s political opponents who are in control of the region. Others feel the violence has to do with the administration’s failure to address regional grievances, thereby giving legitimacy to armed groups claiming to be defending the rights of the Niger Delta. There may be some truth to both claims. However, when Professor Osinbajo acted as President he struck some deals with the militants regarding modular oil refineries; return of maritime university and some other agreements. What happened to these agreements when Buhari returned? Who is to blame for the renewed violence by the Niger Delta Avengers? Can we say that the government does not have a track record in dealing with the militants? In the absence of a confirmed permanent cessation to hostilities by militant groups, further attacks will remain a looming threat to the nation’s security. Buhari’s government has failed to douse the volatile tension in the Niger Delta region.

The third security challenge is the menace of Fulani herdsmen  under the national association called Miyyetti Allah. Using AK 47 and other dangerous weapons, these herdsmen have ravaged and decimated farmlands in Benue, Nassarawa and Enugu States destroying houses and killing thousands of people. Yet, government did not see the compelling need to arrest and prosecute them.  Audu Ogbe, minister of agriculture (along with other Nigerians) suggested establishment of cattle ranches (whereby grasses will be imported from Brazil & other Latin American countries), Miyyetti Allah rejected it, insisting that they prefer to continue to ravage farmlands in Nigeria and nothing can be done about it. Benue State has passed ‘Anti-grazing law’, Miyyetti Allah is threatening fire. President has refused to say a word against it. No arrest has been made so far. And the ordinary farmers have endangered species in their own land.  

The fourth security challenge is the level of kidnappings and killings going on across Nigeria which is simply scandalous. It is very common to read stories of kidnapping and killings in newspapers with reference to Lagos, Ogun, Ondo, Ekiti, Rivers,, Kogi and Kaduna States. It is not restricted to the highways anymore. Last two weeks, a brother of the Chief of Staff to the governor of Kaduna state was kidnapped right inside Zaria city. And no one has yet been held responsible to account for this high level of insecurity.

It is a worrisome trend that the Nigerian Police and other law enforcement agents are unable to handle effectively. This is a big failure to the present administration.

Corruption

President Buhari’s much-lauded war on corruption is one area in which his hard-core supporters continue to defend him. In many respects, the defence is entirely understandable: at no point since its establishment in 2003 has the Economic and Financial Crimes Commission (EFCC) been seen to be so active in pursuing alleged perpetrators of graft as it is at present. Yet, there has been no high profile conviction till date. We only hear about arrest, interim forfeitures of huge cash and properties but no conviction.

Within these lie many of the president’s men who ought to have been shown the way out of government if it were to be Europe and United States. For example, the Attorney-General and Minister of Justice Malami had his hands dirty in many corrupt cases: Early this year, he forced the EFCC to transfer the case-file of the Malabu Oil deals to his office. Ever since, the case-file is gathering dust in his office shelf without any further action from him. Secondly, he was found to have given clearance to Abdulrasheed Maina (wanted by EFCC since 2015) a former deputy director pension commission to resume as a director in the federal ministry of interior. Malami admitted to the Senate sub-committee probing this Maina-gate that he acted in consultation with Aba-Kyari Chief of Staff to President Buhari and Minister of Interior General Danbazzau. In all of these, President Buhari pretended not to know what is going on. No person has been indicted or fired for this terrible embarrassment to the administration. It is business as usual.

Other cases which I intend to explain orally include:

-          Another case was the conflict between minister of state for petroleum resources Kackwu and NNPC GMD Baru 

-          DG of DSS (Daura)’s letter to the Senate against the confirmation of Ibrahim Magu as EFCC chairman.

-          Babachir Lawal/Ayodele Oke’s corruption charges

It must be stressed here that Maina was not the first person who was fired for corruption but brought back to government. Here are few ones:

1. AbdulRahman Danbazzau was fired as chief of army staff for corrupt practices in arms purchase. Instead of dropping him, Buhari appointed him as minister of interior.

2. Mohammed Barkindo was removed as NNPC MD by the late President Umaru Yar’Adua for stealing huge kickbacks from oil and gas. He was sponsored by the government as Secretary General of OPEC.

3. Assistant Commissioner of Police Zakari Bui, a man accused and dismissed for aiding Boko Haram kingpin kabiru Sokoto to escape from detention, was reinstated and promoted by the present Administration.

4. Ahmed Gambo Saleh, Registrar of the Supreme Court, He stole N2.2bn belonging to the Supreme court and was caught red handed and fired. Today Ahmed Gambo Saleh has been appointed the secretary of the committee monitoring corruption trials.

5. Timipre Sylva has over 46 houses seized by the federal government which have now been returned to him because he is an APC stalwart. 

Almost three years into this administration’s tenure, many, indeed most parastatals are still being run by those appointed by the last administration. No less a person than Col Hameed Ali, the CG of Customs had to say recently that 50 percent of Buhari’s government is PDP. Boards are yet to be constituted for almost all the federal agencies. Is it that the President doesn’t know or doesn’t care? For over two years even ambassadors to various countries are just reporting. What does it take to make appointments in Nigeria, a country that is full of talents across virtually local government in the country?

Permanent Secretaries, Executive Secretaries, Heads of Agencies and Directors alongside their Deputies in Federal Government are the richest and owners of expensive houses and hotels in FCT & beyond. Many of them own filling Stations and businesses littered around the country. These businesses were established from stolen funds that were released for projects meant to impact on the lives of the common man. These set of people have also developed the culture of not allowing any of their children to school in Nigeria. They are draining our national wealth to other countries in the name of giving their children good education.

These individuals have taken over the contractors’ space. They incorporate businesses from their own offices without going to Corporate Affairs Commission. They award contracts to themselves and their cronies. In order to cover their tracks, they work in synergy in the same manner the State Governors do under Governors Forum. They are so powerful that they have formed layers of protection under the guise of Association of serving PS, Directors, Deputy Directors, etc which can be used to save anyone of them that fall into the dragnet of Anti-graft Agencies. This is because, the fall of one of them always expose many others. With their counterparts at state level, they are the custodians of 85% of our Annual Budget releases because they are the Chief Accounting Officers of all the MDAs. They are good in assisting the thieving politicians at the Ministries and State Government. 

For all the huge number of failed projects, abandoned and unexecuted projects, this set of people have the copies of every document and the figures used under their care, For all the stolen or missing trillions of Naira in this country, they aided the thieves and also took their own share. The level of their desperation is such that they can kill even the President just to maintain their lifestyle. 

If Nigeria will be great, this people must be checked. This is to say corruption in MDAs is far greater than any other Arm of Government.

We the people must fight it now. We must expose them now

Economic Reforms  

Because of the massive crash of crude oil prices, Buhari’s government was compelled to embark on massive economic diversification in Agriculture and solid minerals. It made bold attempts in reducing youth unemployment through its N-power programmes, and these are yielding good results. Despite the high level campaign and sensitization in agricultural production especially in rice, cassava, yam and other farm produce, government did not pay attention to the following:

(a)   Increasing prices of commodities despite their availability at the market. This is the absence of Price control board or commission that will regulate, control and manage prices, markets, and warehousing of commodities.

(b)   Worsening unemployment especially among the youths. Expansion in agriculture and new openings in solid minerals have not been able to absorb millions of jobless youths because there is a disconnect between government programmes and those looking for jobs.

(c)    Government has not been able to sit with organized private sector to curb excessive profiteering through constant upward price adjustment, not as a result of high cost of production but because of the need to make more profits as the year is drawing to an end.

State of Health

Very soon Nigerians will go to Government hospitals and will not see a Doctor. Statistics from University Teaching Hospital (UCH) Ibadan shows that the health crisis in Nigeria is unprecedented as the mass exodus hits alarming proportions. Already it takes an old patient two hours (three hours for new patients) to see a doctor on the average:

- Over 100 doctors have resigned from UCH this year

- 800 Doctors have resigned from Lagos State hospitals over 2 years. 100 this month alone

- Kebbi State has been unable to employ a single Doctor in 2 years despite multiple adverts for employment

-  Over 200 Doctors and nurses have resigned from Ladoke Akintola Teaching Hospital this year

- Nigeria has 80,000 registered Doctors. More than 50,000 are practicing abroad

- 92% of Nigerian Doctors in Nigeria are considering finding a job abroad

- 70% of Nigerian Doctors are making plans to leave for foreign lands and are taking exams to that effect

- 236 Doctors wrote Primaries for West Africa College of physicians in 2017 to gain admission to Nigerian Teaching Hospitals, 5 years ago over 1000 wrote the same exams. 660 wrote PLAB to practice in the UK over this Primaries exam. Over 1000 have registered for the next PLAB.

Across the nation the story is the same. And the scary part is no one seems to be bothered.

In conclusion, Buhari’s administration has a mixed performance of success and failures. On balance, the administration came at a time the oil fortunes took a nosedive which, to a large extent, made it to fall short of its promises but was nevertheless marked by some little achievements.

Many thanks for your kind attention

Pastor Adedeji Adeleye                                                                                                                          Media Chairman of OneVoice Coalition

Legal Framework, Code of Conduct & General Principles of Journalism, and Journalist’s Creed

Legal Framework, Code of Conduct & General Principles of Journalism, and Journalist’s Creed

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 3

Legal Framework, Code of Conduct & General Principles of Journalism, and Journalist’s Creed

Objectives

Ø To enable participants become conversant with the various Nigerian laws regulating and controlling journalism practice in Nigeria.

Ø To ensure that this training knowledge and understanding by participants is impacted on responsible journalism practice in Nigeria.

Ø To enhance the skills of participants to enable them contribute effectively to the advocacy for Press Freedom in Nigeria.

Materials

Various laws and Constitutions of the Federal Republic of Nigeria as well as written papers of eminent Nigerian writers and others in the developed world.

1.     Legal Frameworks Guiding the Practice of Journalism

Nigeria is noted for media pluralism as the number of public and private newspapers and electronic media increased phenomenally from earliest times to the present based on increasing socio-political and economic development in the country.

Notwithstanding, federal and state governments in Nigeria resisted private initiative in the area of broadcasting for so long and waited till the pro-democracy clamours of the 1990s to break their monopolistic hold on radio and television media which reflected their logical continuation of colonial heritage.

How do mass media laws and ethics influence journalism practice in Nigeria? In other words, how do media laws and ethics affect the standard of journalism practice in the country?

Media Laws and the Practice of Journalism

Mass media laws are the rules, regulations and policies from the government that regulate journalism practice. Over the years, government enacted such laws in order to regulate mass media practice generally in the country. The first press law in Nigeria was enacted during the colonial era around 1903 (Dimkpa, 1997). Its primary aim was to regulate the press and monitor its activities. The first Governor-General, Lord Lugard, amended the 1903 law in 1917 to curtail or limit newspapers’ freedom and responsibilities.

Even though it has gone through a series of changes and amendments over time, that law still remains the basis of contemporary mass media laws. For instance, following the heat generated by indigenous writers, the colonial government amended the 1917 press law in 1948 to set more boundaries, which the freedom of the press could not cross.

According to Senam (2014), two facts were very glaring during the regime of the press freedom in the colonial era:

(a) Journalism and the fight for press freedom were spear-headed mainly by non-journalists, such as economists, politicians, public administrators etc; and

(b) The struggle for press freedom was conducted side-by-side with the struggle for Independence.

Unfortunately, the colonial press law did not terminate with the demise of colonialism in the country. It rather formed the basis for the post-Independence mass media laws. The first step in the promulgation or amendment of press law by the Federal parliament after independence in 1960 was the amendment of the Newspaper Act in 1964. Dimkpa (1997) observes that the main aim of this amendment was to monitor or possibly stop rumour-mongering, which were basic political antics of the time. Surprisingly, the General Johnson Thomas Aguiyi-Ironsi’s administration in 1966 promulgated a decree lifting the ban on newspaper circulation in the country, which was however re-promulgated in 1976 by General Yakubu Gowon. Gowon also promulgated Decree No 11 of 1976 which was adopted by General

Murtala Muhammed’s regime in May 1976.

Ewelukwa (2004) asserts that Decree No. 11 of 1976 was one of the most controversial mass media laws that restricted press freedom in Nigeria. The decree sought to check false accusation against public officers, which was prevalent at the time. A breach of Decree No. 11 of 1976 attracted two years imprisonment without the option of a fine. The decree provided, inter alia:

(1) Any person who publishes and reproduces in any form any statement, rumour or otherwise... alleging that a public officer in any manner has been engaged in corrupt practices or has in any manner corruptly enriched himself or any other person shall be guilty of an offence under this decree and liable on conviction, to be sentenced to imprisonment for a term of not exceeding two years, without the option of a fine.

(2) In any prosecution for an offence under this decree, the burden of proving that the statement, rumour or report, which is the subject matter of the charge, is true in every material particular, shall notwithstanding anything to the contrary in any enactment or rule of law, lie on the person charged.

When Major General Muhammadu Buhari became the Head of State in 1983, he consolidated this decree (Decree No. 1 of 1976) with stiffer sanctions through the promulgation of the draconian law–Decree No. 4 of 1984 (Public Officers Protection Against False Accusation). This decree made Buhari very unpopular in the press circle. Many scholars and journalists such as Thompson (1997) describe his regime and Decree No. 4 of 1984 as the most significant blow to freedom of the press in Nigeria. The decree was stiff and highly dreadful.

When General Ibrahim Badmasi Babangida took over power from Maj. Gen. Mohammadu Buhari in 1985, he (Babangida) gave the impression that his regime was going to be media friendly, and that press freedom was guaranteed. This was a mere plausible statement because, in reality, there is no congruity between military rule and press freedom. As a step towards the materialization of his promise of press freedom, Gen. Babangida, in the early stage of his administration, repealed the dreaded Decree 4 of 1984 (Public Officer Protection Against False Accusation Degree) and reassured the press in particular and the citizenry in general that he was relatively restoring the freedom of the press through progressive mass media laws. General Babangida enacted the following decrees in 1993:

(a) Decree No. 43 – The Newspaper Registration Decree

(b) Decree No. 48 – The Newspaper Prohibition and Prevention from Circulation Decree

(c) Decree No. 85 – The Nigerian Press Council Decree; the Press Council was set up to promote professional standards for the Nigerian press.

When General Sani Abacha became Head of State in 1993, he enforced Babangida’s Decree No. 48 - The Newspaper Prohibition and Prevention from Circulation Decree, 1993. Thompson (1997) says that the enforcement of Decree No. 48 of 1993 led to the closing down of three national newspapers with their allied publications in one fell swoop, for more than one year. They were: The Guardian, the Punch and the Concord group of newspapers. Even though the government had been insisting on the continued application of Decree No.48 of 1993, the atmosphere in Nigeria and international community concerns were a major force militating against the further enforcement of the decree.

President Olusegun Obasanjo’s civilian regime (1999-2007) had no serious impact on the freedom of the press, except the refusal to sign the Freedom of Information Bill into law, which was assented to by President Goodluck Jonathan on the 28th day of May, 2011. The  Freedom of Information Act (2011) hinges on people’s right to access public records and information. The access here does not relate to journalists alone, but every citizen of Nigeria. In 2008, the Yar’Adua administration arbitrarily closed down Channels Television for three days for reporting that the President would, on his return from Saudi Arabia for medical treatment, resign as President on health grounds.

The Nigerian Press and Practice of Journalism Council Bill 2009 was like a case of emasculating the constitutional right of freedom of expression because it is too fundamentally flawed and cannot be rescued even with the most diligent effort and best will. The problems are too many and the errors are too far reaching to be remedied. These include: "Failure to recognize and protect the independence of journalists. Examples of this failing can be seen from the provision of Sections 9(1), 9(2), 9(3) and 9(4) of the Bill which mandates the Nigerian Union of Journalists (NUJ) to provide a code of professional and ethical conduct to guide the press and journalists in the performance of their duties and to also update it as it deems fit.

Clearly, mass media laws have a great impact on the extent of press freedom in the country. For more than 53 years, the press has operated generally under constitutional protection. For instance, section 25(1) of the Constitution of the Federal Republic of Nigeria (1963), Section 36(1) of 1979 Constitution and Section 39 of the 1999 constitution all make provisions for free press. Section 39 (1) of the 1999 Constitution (as amended in 2011), under the heading “the Right to Freedom of Expression and the Free Press” states that:

(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.

In spite of the constitutional guarantees, press freedom in Nigeria has been hindered by a number of factors. The foremost instruments of press control in Nigeria are laws, policies and regulations. Many mass media laws are in existence to regulate journalism practice in the country.

These include: defamation, sedition, obscenity, copyright, privacy and official secrecy laws. For journalists to practise their profession well, they need to be fairly versed with the mass media laws among other requirements.

2. Codes of Conduct and General Principles of Journalism,

(a) Media Ethics and Journalism Practice

Ethics is a branch of knowledge that is concerned with the standards of good or bad conduct in society, using societal norms as a basis for the evaluation of human conduct or behaviour. This indicates that ethics applies to all spheres of life and profession in the society. Every profession has its ethics. The class of ethics that governs mass media practice is called media ethics. According to Prasad (2008, p.33), “media ethics is the subdivision of applied ethics dealing with the specific ethical principles and standards of media, including broadcast media, film, theatre, the arts, print media and the Internet. The field covers many varied and highly controversial topics, ranging from war journalism to advertising.” It must however be pointed out that there are many classes of media ethics, viz: media ethics relating to: journalism, entertainment, democracy, media economics, public officials and culture (Wikipedia, 2011).

Of all the areas of media ethics, journalism ethics is one of the most well-defined. Two reasons can be advanced for this. First, it is frequently taught in tertiary institutions offering communication and journalism studies. Secondly, journalism is the nucleus of mass media practice. Journalism ethics are the codes of behaviour or moral principles that guide the activities of journalists in any given situation.

They are therefore the bases for the judgment of the rightness or otherwise of the action or behaviour of the journalist. They are often encapsulated in journalism codes of practice. Media ethics mainly revolves around truthfulness, accuracy, fairness, objectivity and editorial independence (BBC, 2010). Other topics covered by journalism ethics include news manipulation, truth and values, truth and fantasy, truth and public interest, privacy, taste and conflict with the law. In this case, the equitable maxim, where equities are equal, the law prevails, is instructive – meaning where there is a conflict between media ethics and the law, the law takes pre-eminence.

The depiction of violence and sex, the presence of foul/strong language, product placement, stereotypes, taste and taboos constitute the concern of ethics of the entertainment media. Because of the questions of values in artists and entertainment, ethics becomes imperative since these two aspects (values and arts) usually come in conflict with each other.

(b) Code of Ethics for practicing Journalists

Nigerian Professional Journalists ought to believe that public enlightenment is the forerunner of justice and the foundation of democracy. Ethical journalism strives to ensure the free exchange of information that is accurate, fair and thorough. An ethical journalist acts with integrity.

Therefore, we must declare these four principles as the foundation of ethical journalism and encourage their use in practice by all media people.

(A)           Seek Truth and Report It

Ethical journalism should be accurate and fair. Journalists should be honest and courageous in gathering, reporting and interpreting information.

Journalists should:

·        Take responsibility for the accuracy of their work. Verify information before releasing it. Use original sources whenever possible.

·        Remember that neither speed nor format excuses inaccuracy.

·        Provide context. Take special care not to misrepresent or oversimplify in promoting, previewing or summarizing a story.

·        Gather, update and correct information throughout the life of a news story.

·        Be cautious when making promises, but keep the promises they make.

·        Identify sources clearly. The public is entitled to as much information as possible to judge the reliability and motivations of sources.

·         Consider sources’ motives before promising anonymity. Reserve anonymity for sources that may face danger, retribution or other harm, and have information that cannot be obtained elsewhere. Explain why anonymity was granted.

·        Diligently seek subjects of news coverage to allow them to respond to criticism or allegations of wrongdoing.

·        Avoid undercover or other surreptitious methods of gathering information unless traditional, open methods will not yield information vital to the public.

·        Be vigilant and courageous about holding those with power accountable. Give voice to the voiceless.

·        Support the open and civil exchange of views, even views they find repugnant.

·        Recognize a special obligation to serve as watchdogs over public affairs and government. Seek to ensure that the public’s business is conducted in the open, and that public records are open to all.

·        Provide access to source material when it is relevant and appropriate.

·        Boldly tell the story of the diversity and magnitude of the human experience. Seek sources whose voices we seldom hear.

·        Avoid stereotyping. Journalists should examine the ways their values and experiences may shape their reporting.

·        Label advocacy and commentary.

·        Never deliberately distort facts or context, including visual information. Clearly label illustrations and re-enactments.

·        Never plagiarize. Always attribute.

(B)            Minimize Harm

Ethical journalism treats sources, subjects, colleagues and members of the public as human beings deserving of respect.

Journalists should:

·        Balance the public’s need for information against potential harm or discomfort. Pursuit of the news is not a license for arrogance or undue intrusiveness.

·        Show compassion for those who may be affected by news coverage. Use heightened sensitivity when dealing with juveniles, victims of sex crimes, and sources or subjects who are inexperienced or unable to give consent. Consider cultural differences in approach and treatment.

·        Recognize that legal access to information differs from an ethical justification to publish or broadcast.

·        Realize that private people have a greater right to control information about themselves than public figures and others who seek power, influence or attention. Weigh the consequences of publishing or broadcasting personal information.

·        Avoid pandering to lurid curiosity, even if others do.

·        Balance a suspect’s right to a fair trial with the public’s right to know. Consider the implications of identifying criminal suspects before they face legal charges.

·        Consider the long-term implications of the extended reach and permanence of publication. Provide updated and more complete information as appropriate.

(C) Act Independently

The highest and primary obligation of ethical journalism is to serve the public.

Journalists should:

·        Avoid conflicts of interest, real or perceived. Disclose unavoidable conflicts.

·        Refuse gifts, favors, fees, free travel and special treatment, and avoid political and other outside activities that may compromise integrity or impartiality, or may damage credibility.

·        Be wary of sources offering information for favors or money; do not pay for access to news. Identify content provided by outside sources, whether paid or not.

·        Deny favored treatment to advertisers, donors or any other special interests, and resist internal and external pressure to influence coverage.

·        Distinguish news from advertising and shun hybrids that blur the lines between the two. Prominently label sponsored content.

(D) Be Accountable and Transparent

Ethical journalism means taking responsibility for one’s work and explaining one’s decisions to the public.

Journalists should:

·        Explain ethical choices and processes to audiences. Encourage a civil dialogue with the public about journalistic practices, coverage and news content.

·        Respond quickly to questions about accuracy, clarity and fairness.

·        Acknowledge mistakes and correct them promptly and prominently. Explain corrections and clarifications carefully and clearly.

·        Expose unethical conduct in journalism, including within their organizations.

·        Abide by the same high standards they expect of others.

From the above discourse, it is obvious that both media laws and media ethics constitute a kind of watch-dog to journalism practice. While media laws are rules made outside the media circle, ethics is the objective moral principle, which forms the basis of guidelines for, and regulating, the conduct of journalists in their profession. Unfortunately in Nigeria, contemporary socio-economic and political trends seem to contradict the above function of media laws and ethics.

It therefore becomes necessary to critically examine the extent to which mass media laws and ethics have influenced journalism practice in Nigeria.

There is an inseparable relationship between mass media law and ethics, and journalism practice. It is difficult to talk of professionalism or the discharge of social responsibility by journalists without a circumspect examination of the relevant laws and ethics. It then follows that journalism thrives more when the professionals are guided by the applicable laws and ethics.

In spite of the importance of law and ethics in mass media practice, majority of the mass media establishments in Nigeria do not have legal departments neither do they expose journalists to workshops on media laws and ethics. At best, what exists is only the office of a company secretary which always reports to the media organization’s Board of Directors on the organization’s legal matters. He or she does not concern himself or herself with editorial matters (except on cases of libel or sedition). Many of the editorial department’s journalists do not know or relate with him or her. Also, the judicial desk of the editorial department consists of journalists who have interest in covering judicial beat (crimes, police matters, courts’ cases and proceedings). They (and other editorial journalists) possess no further training outside their erstwhile school courses on journalism and mass communication (or other degrees) or crash training program of multilateral institutions like UNDP, UNICEF, UNODC and World Bank etc

Therefore, the extent of journalists’ adherence to media laws and ethics is mainly determined by the knowledge of such laws and ethics they experience in the field. This makes some journalists to sometimes flout media laws and ethics where their un-refreshed knowledge run short when faced with serious legal and ethical challenges.

In addition, there are some bad eggs in the journalism circle in Nigeria who, from time to time, flout media laws and ethics without qualms. This is most prevalent now in social media sector where untrained journalists abound, operating without moral ethical scruples. This set of media professionals are those giving journalism a bad image in Nigeria.

Also the legal and ethical stance of the media establishment and journalist’s level of adherence to media laws and ethics constitute one of the bases of assessing media professionalism. Audience members have a way of assessing journalism practice and passing judgment on the performance of journalists, even though the audience members may not be media professionals. This judgment in turn affects the credibility of such media establishments. The major yard stick for this judgment is the level at which the media professionals adhere to the applicable media laws and ethics in their practice.

3.     Journalist’s Creed

The Journalist’s Creed was first written by Walter Williams, the first dean of the Missouri School of Journalism.  More than one century later, his declaration remains one of the clearest statements of the principles, values and standards of journalists throughout the world.
It is not perfect, but neither is the profession occupied by imperfect human beings. That, however, does not excuse the blatant disregard for most of the tenets of this creed by our current broadcast media, print media, and news organizations.
I challenge any and all who call themselves journalists, at any and all professional levels to read the creed and then perform a sincere inventory of his or her journalistic practices.
Nigeria needs a voice it can believe, verify, and trust.  Who will be the journalists to accept that charge? Who will follow the creed and all other ethical codes of conduct?
Please step forward.  Now and let’s read this creed together.
I believe in the profession of journalism.
I believe that the public journal is a public trust; that all connected with it are, to the full measure of their responsibility, trustees for the public; that acceptance of a lesser service than the public service is betrayal of this trust.
I believe that clear thinking and clear statement, accuracy and fairness are fundamental to good journalism.
I believe that a journalist should write only what he holds in his heart to be true.
I believe that suppression of the news, for any consideration other than the welfare of society, is indefensible.
I believe that no one should write as a journalist what he would not say as a gentleman; that bribery by one’s own pocketbook is as much to be avoided as bribery by the pocketbook of another; that individual responsibility may not be escaped by pleading another’s instructions or another’s dividends.
I believe that advertising, news and editorial columns should alike serve the best interests of readers; that a single standard of helpful truth and cleanness should prevail for all; that the supreme test of good journalism is the measure of its public service.
I believe that the journalism which succeeds best — and best deserves success — fears God and honors Man; is stoutly independent, unmoved by pride of opinion or greed of power, position and money; constructive, tolerant but never careless, self-controlled, patient, always respectful of its readers but always unafraid, is quickly indignant at injustice; is un-swayed by the appeal of privilege or the clamor of the mob; seeks to give every man a chance and, as far as law and honest wage and recognition of human brotherhood can make it so, an equal chance; is profoundly patriotic while sincerely promoting international good will and cementing world-comradeship; is a journalism of humanity, of and for today’s world. Maybe tomorrow’s too.
Guided Questions for Discussion

(i) Because of inadequate knowledge and understanding of media laws and ethics by many practicing journalists, should media establishments endeavour to employ only formally trained journalists to work as journalists?

(ii) Refresher courses on media laws and ethics should be organized from time to time by media establishments for media professionals. Do you agree?

(iii) Journalism training institutions should increase the number of ethics-based courses in their curricula in order to inculcate the culture of media ethics in future media professionals. This would plausibly reduce instances of journalists’ non-adherence to media laws and ethics. Is this justifiable or acceptable?

(iv) Media establishments should endeavour to establish legal departments to serve as a platform for some media workers, who are trained lawyers, to render media law services that would curb some incidents of breach of media laws and ethics. Do you agree or disagree?

Many thanks
Pastor Adedeji Adeleye                                                                                       
 Executive Director, 
Independent Advocacy Project (IAP)                                                 
Lagos, Nigeria                                                                                                                 June 7, 2017