The Constitution And The Nigerian PressByCharles Akolo Katsibi Ordinarily, constitutions are meant to stipulate the powers of government, duties of citizens, state penalties, for erring parties, and above all, provide protection for all citizens. The constitution may be written or unwritten depending on the choice of a country. Similarly, they are made, re-enacted, and reviewed to suit certain sections or the whole. For the basis and inspiration for any nation is its constitution, for it reveals the principles of its founders, and gives direction to their successors.
Nigeria, as a country has had many constitutions. The Clifford’s 1922; Richard’s 1946; McPherson’s 1952; down to the independent (1960) constitution; Republican 1963; 1979; and the present 1999 which is an amendment of the 1979 constitution.
The existence of these constitutions defines the society with many elements; the media, police, government, armed forces, citizenry among others. Their duties and obligations are also clearly stated.
The press, which is an integral and indispensable element of the society, exists for the society. It derives its powers to function from the constitution. As stipulated in Chapter II section 22 of the 1999 constitution, hence:
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 and uphold the responsibility and accountability of the government to the people.
This provision implies that the press shall be a watchdog over the excesses of government, and shall ensure that government delivers it promises to the people. The government on the one hand shall ensure that the press informs the people about its programmes and actions.
The free society which comprises of people of different ethnic, religious, socio-economic backgrounds are also entitled to free information, as such chapter II section 39 subsection (1) of the 1999 constitution states: Every person shall be entitled to freedom of expression, including freedom to hold opinions and to receive and impart ideas and information without interference.
Subsection (2) states that: Without prejudice to the generality of subsection I of this section, every person shall be entitled to own, establish and operate any medium for the dissemination of information, ideas and opinions.
This section includes among the fundamental rights of the citizens, the right to know and be heard by all. It also stipulates the duties of both the press and the citizens. However, the fact that this provisions defines their duties (press & citizen), does not in any way guarantee their going beyond the constitution to seek information and disseminate same.
Freedom of the press though fundamental is not absolute. The Journalist in the practice of his/her profession is often subjected to the ordinary laws of the land. These laws usually come into play while the reporter is gathering news or during the story’s publication.
Ideally, Freedom of the press should include the freedom to gather news, write it, publish it and circulate it. But in most cases, Journalism is vulnerable by the nature of its ownership, audience, and political machinations.
These laws that restrict the freedom of the press include, Defamation, Sedition, Contempt of court, and the Official Secret Act.
The law of defamation is concerned with destruction of reputation resulting from words: written or spoken by journalists. It can be in the form of an article, or it could be broadcast. This exposes a person to hatred, ridicule and contempt, lowers him/her in the right-thinking person or an imputation on him/her disparaging or injurious to the person’s office, profession, calling, trade or business.
Sedition is broader than the latter; it is the wage of words that tend to encourage people to rise or oppose a constituted authority or government. Example, In a suit filed by the FG against AIT and Independent Newspaper in a publication of Daily trust of October 11, 2006, reveals that FG had withdrawn her suit against AIT and retained that of Independent Newspaper Limited (INL) on what it calls a seditious act in the Daily Independent of June 12, 2006, entitled “Controversy Over the Age, Cost of Presidential Jet”. However, the INL aviation correspondent, Rotimi Durojaiye maintained that the organization is ready to prove the factuality of the supposedly seditious story.
Contempt of court is said to take place when a Journalist influences the decision of a Judge of a court of law or reports a court proceeding falsely.
The Official Secret Acts is mostly connected to governmernt parastatals. Here, journalists are prevented from seeking and discovering information in areas that are regarded as “Security Importance” to the nation. The areas could be Military Armory, oil rims etc.
The generality of these laws provide a working syllable for the press. Similarly, they guide the behavioral conduct of Journalists.
Interestingly, one may ask the question, why is the free practice of Journalism circumscribed by the constitution? Isn’t the constitution supposed to be a guide for the press? Aren’t the publics interested in knowing what goes on in and outside the society?
It most often amazes me when I see how Journalists are treated in the process of gathering information. They face insults, embarrassments, and harassments, beatings and even death, which is the highest risk. And I wonder, why is the press not protected? It is pertinent to note that the armed forces of every nation provide security for that nation first for the three arms of government: Executive, Legislature and the Judiciary, then to the ordinary citizen. But, since, the press/ media has been given the title and responsibility of the “Fourth estate of the realm”, that is a helper to the three arms of governments, why doesn’t the constitution protect her? It does the information gathering, reporting, production, and dissemination. Similarly, it entertains and educates the public (they themselves) on issues, events, and personalities through realities of programmes.
Another thing is this: How do you reconcile the public’s right to know and underscoring the principles of the law? It is only rational to think that, since the constitution must be abided by, and the public must be informed, and yet the press does not enjoy protection, then the press should cease to function. And this does not seem possible.
A case of a reporter with the Nigerian Tribune, who was invited by the police over a publication in Kano, reveals how the reporter was docked and remanded in prison custody by a Chief Magistrate in 2004. This unveils the mystery, hassles and pains journalists go through as a result of lack of protection. They are mishandled and mistreated and yet not insured, not even by the country they work for or the emblem of their profession, the Nigerian Union of Journalists (NUJ).
The Police, Armed forces, State Security Services (SSS) and other civil organizations that are saddled with the responsibility of providing adequate security for the society (the press inclusive), have failed in the discharge of their duties. Instead, they connive with other bodies to outdo the press in discharging its constitutional duties. This implies that; the press is not only discouraged but also, totally disregarded.
For years, the press has been agitating for the Freedom of Information, but has been denied. This indeed, could not be unconnected to the many investigations it does carry on public figures in linkage to misappropriation of funds meant for the public, and other issues sacrosanct to the survival of this nation. As a result, they are denied access. Even though, the journalistic code of ethics advocates for the confidentiality of a source of given information, what the society desires is the factual truth no matter the bureaucracies attached to it. This makes information searching indispensable in Journalism as every information gathered, whether in the open or hidden must be interpreted for public good.
The Bill on Freedom of Information currently on the floor of the National Assembly seeks to give journalists access to any information they need. But how are we sure that this same bill will be signed into law?
The legislators, whom the responsibility of interpreting the law lies on their shoulders have over the years proven to be “schemers”. This is because they can easily be ‘bought’ with money, and the issue of transparency and accountability comes into play.
It has become an irony that instead of interpreting the law to suit public interest we have laws interpreted for a selected few. Albeit, this same law serves the national interest.
Nigeria, today has come of age – 45. However, it seems we are still under some sort of control from some “colonial dictators”. This is most likely in the manner our leaders design a blueprint on a project and thereafter implement it. We must note that, the western nation we often copy their policies have being in democracy for more than 200 years, and ours is a mere journey of a mile. The so called western nations have adequate provision for the protection of all elements of their society enshrined in their constitution and makes sure that, all the provision are well implemented.
On the contrast, Nigeria as a country has failed in implementing virtually one third of the provisions of the constitution. Rather, what we see and hear is constitutional review or amendment.
The press must be idolized. For in her is the society, without who is any. She seeks the truth and makes sure justice is dispensed. She goes through topsy-turvy situation to inform the society. For an “informed society is liberal society”. The press is the chief strategist; she sets agenda for the public. She invariably, is the family, the community, and the society at large. But, should she continue to suffer when the “body of law” exists? Should not “the document” seek to protect her? Should not the “library of principles” grant her autonomy in gathering news, investigating hidden facts, interpreting the facts, interviewing sources and disseminating it to the ever-information-conscious public? The society is ultimately the loser when the press is gradually emasculated by the oppressive environment in which it operates.
Charles Akolo Katsibi Department of Mass Communication University of Maiduguri
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