Nigeria

Nigeria’s Journalists Not Yet Uhuru

Adamu S. Ladan

Although it is a widely held belief that Nigeria’s press enjoys considerable freedom than many other African countries, the press in this country hitherto lacks the most potent tool to carry out their work; which is the freedom to have access to information without hindrance. Hence, the practitioners began the tortuous journey to fight for the freedom of information. This journey which lasted between 1999 and 2011 finally bears fruits when on 28^th of May this year President Goodluck Jonathan signed into law the Freedom of Information Act (FOIA).

Since its passage into law the FOIA has become a major focus of media practitioners and other rights activists in Nigeria. This is perhaps because freedom of information is the corner stone in promoting democratic participation and good governance. Reason been that an independent media has the capacity to not only scrutinize government but also hold it accountable. This is based on the premise that good journalism leads to good government policies and programmes. But for the policies and programmes to be good, people must be engaged to contribute in making them. Moreover, for people to do this they must have access to information and ideas in an open and free environment.

Long before now the International community which is in the fore front of this struggle have made several declarations to institutionalise freedom of the press, prominent of which is Article 19 of the United Nations Universal Declaration of Human Rights. This provides for everyone to have ‘’the right to freedom of opinion and expression; which includes freedom to hold opinions without interference and to seek, receive and impart information and ideas through any media, regardless of frontiers.” Linked to this is also the International Covenant on Civil and Political Rights. Similarly, the constitutive of the African Union in Banjul, The Gambia in October, 2002 expressed its commitment to the objectives and principles of freedom of Expression. This Resolution was in furtherance to the provisions of the African Charter on Human and Peoples ‘Rights on the duty to promote and protect human and peoples’ rights in particular the right to receive information, to express and disseminate opinion within the law.

These attest to the fact that FOI is deeply rooted. It is also indicative that for a democracy to answer its name it must embrace the spirit of free press in principle and practice. After all, democratic governance is not about provision of infrastructures or amenities alone but respect and promotion of people’s rights and freedoms. Moreover, worst tyrants have been able to provide much better critical infrastructural needs of their people, but that was not enough to save them from the wraths of their people. The prevailing awakenings in parts of the world are a pointer in that direction.

However, the Nigeria’s version of FOIA did not differ much from the ones in other countries. According to its preamble, the act is “to make public records and information more freely available, provide for public access to public records and information, protect public records and information to the extent consistent with the public interest and the protection of personal privacy, protect serving public officers from adverse consequences in disclosing certain kinds of official information without authorization and establish procedures for the achievement of those purposes and; for related matters.”

Journalists, public commentators, civil rights activists and other well meaning Nigerians hailed the passage of the act and described the development as another milestone in the countries journey to full democratisation. Veteran journalist, former Managing Director of New Nigerian Newspaper and Daily Times, Chief Innocent Oparadike, says time has come for journalists to rise and take fuller advantage of the Act.

Speaking in an interview with The Sun (26th October, 2011), Chief Oparadike believed the Act will add real value to our system. Explaining that those who are conducting government business will be a lot more careful, the media guru concluded that, “the act will help to check corruption and other forms of unfair dealings.”

Restriction or exemptions notwithstanding, statements like this are indicative that the Nigeria’s press is seriously been challenged in discharging its duties as the fourth estate of the realm. It is therefore, instructive at this point to note that even though it took a lot to reach where we are, the journey for the attainment of full freedom of the press has not ended. Indeed the significance of freedom of expression and information as a “meta-right” upon which other rights rely cannot be over emphasised but fundamental to this issue is the question of individual rights in the field of communication.

Agreed that journalist is now “given” the potent weapon to work, but the barometer to be used in judging his performance will be dependant on his ability to meet individual’s rights as it relate to his job. Such rights include the individual’s right to know and to be given information that he may desires. It would however; amount to tragedy if the press assert its right and at the same infringed the right of its audience or readers by deliberately withholding or distorting information, or even spreading false hood. Journalist job is to unearth information, prepare it and display it for the benefit of the audience or readers. To do this journalist must dig for facts beyond official information or releases as is assumed the FOI will satisfy. Discharging this role effectively could go along way informing public debates on important issues or questions. But it tantamount to infringing on individual’s right if for whatever reason the information we access is manipulated or fabricated as is seen in certain instances.

Another challenge which the press should also look into; is the journalists right to impart the information he accessed. This is more so, as we record increasing incidences of intimidation or threat of punishment on members of the profession with a view to silencing them. Even as we marked twenty years of the unresolved murder of late Dele Giwa, among other several cases, it is important to know that those who disliked press freedom will not hold their arms watching the media perform its task freely. The recent killing of NTA staff in Maiduguri is instructive that such elements within the society will continue to unleash all forms of terror on the press with a view to silencing it. Indeed it is one thing for the journalist to access the information and another for him to freely impart it without any fear; and it is believed that such repressive tendencies as we witnessed with the arrest and detention of the Nation Editors could undermine the so called gain made in the field of press freedom in Nigeria.

For similar consideration also is the issue of ownership and control. This essentially determines individual’s access to the channels of communication, like the number of broadcast stations or newspapers in circulation. In Nigeria for instance, despite the fact that ownership of broadcasting is liberalised, lots of constraints exclude many especially professionals from owning the medium. Some of these include exorbitant licence fees and other strenuous requirements that are difficult to fulfil. And the greater the impediments the more individuals are limited to having access to the channels. That perhaps could be the reason why there are more independent radio stations in Niger Republic. Because while in Nigeria broadcast stations are required to pay 2.5% of their annual income in addition to the payment of licence fees which is renewable every five years, in Niger Republic reverse is case as government pays statutory subvention to such stations. I believe one could say without fear of contradiction that the level of consciousness in Kano now for instance cannot be compared to the one before the advent of independent broadcast stations in the city. One could only imaging the degree of awareness if the process of ownership is further liberalised to the level that labour, trade groups and professionals among others are able to set up their mediums.

Of significance also, is the penury condition of most people in the media industry. It is common knowledge that a number of journalists in the country particularly those working in the print media are owed several months salaries by their owners. This situation has remained unchanged despite concern shown by organise groups and the efforts of the NUJ in addressing the issue. The consequence of this on the performance of the journalist, his integrity and impartiality can only be imagined.

Another issue worth considering furthermore; is the role of the judiciary in matters relating to either refusal to grant access or protection of officers when access is granted. Recent happenings at the Elections Petitions Tribunals in relations to how petitioners were often frustrated with the active connivance of the judiciary in getting access to certain election materials said much as to the level of cooperation expected from the judiciary. The judiciary therefore must be mobilised to ensure greater access and protection where necessary.

Indeed, all these are to underscore the point that for better whistleblower, stakeholders in the free press project need to look into the issues raised in this piece with a view to adding them as critical areas to the discussions and training programmes for journalists.