Professional Documents
Culture Documents
OVERVIEW.
Onyeisi Chukwudi Kingsley Igbokwe*
Abstract
INTRODUCTION
The beacon of democracy is in fact a free and fair press. Respect for the freedom of
expression and the right of the public to access and receive information are the
yardsticks to evaluate the existence of the rule of law and ultimately, popular
democracy. Independence of the press from the shackles of the State is nonetheless an
respected status because it is indeed the ultimate value of any democratic society.
More so, the press is regarded as instructions of self-government by the people who
are under this right informed and educated about the affairs of the government and
thus enabling them to form or express opinions on such matters.1 The Press remains
an invaluable tool in sharpening and deepening democracy. Without the press, there
*OCK IGBOKWE, SMCIArb. (UK) is currently a Third Year Law student at the University of Nigeria,
Enugu Campus and a Judge of the LAWSA High Court for the 2016/2017 academic session; can be
contacted via Tel.: +2348032238828. Email: kingsleychukwudiigbokwe@yahoo.com.
1
Mariam Anozie, Notes on Constitutional Law (Enugu: Victojo Productions, 2nd edn 2005) p. 210
cannot be any meaningful achievement in the democratic process. Hence, the need to
create a more enabling environment for the press to thrive is germane to the existence
of the press have been whether to a great extent any measure of consideration should
be given to the press in the exercise of their right or whether the press should be
granted any special freedom different from the freedom of expression already
guaranteed to everyone having in view the nature and peculiarity of the work. On the
individual right; it is a special collective right for the journalist. In a democracy, for
instance, if the journalist is denied this right, which is exercised through freedom of
the press, the entire electorate is denied their right to information on the happenings in
their constituencies. The Controversy on whether or not freedom of the press should
Nigeria apparently, the paradigm is that press freedom is derived from the freedom of
expression, and, therefore, the press does not need any special protection. This belief
or legal position might then be the plausible explanation for why the Press continues
to operate in dangerous environments without any sense of safety and with fear of
The modern roots of the origin of the right to freedom of expression can be traced
from seventeenth century when documents such as the 1968 English Bill of Rights
provided for freedom of speech and debated within the Parliament. 2 It was later
expanded gradually by the United States Bill of Rights (added to the Constitution in
2
Gudmundur Alfredsson and Asbjon Eide The Universal Declaration of Human Rights: A Common
Standard of Achievement (The Hague: Martinus Nijhoff Publishers, 1999) p. 393
1791) and the French Declaration of the Rights of Man and the Citizen (1789).3 These
two declarations reshaped the principle of freedom of expression in the era of United
Nation from 1946 till 1948 when finally it was agreed and the provision of Freedom
1948. Freedom of the press may be said to be of the Liberal School of thought, and
the idea evolved after the 1688 revolution in England4. However, the first notion of a
declaration of rights of man in the history of the world was adopted in Virginia on
June 12, 1776. The declaration proclaimed that men by nature are free and have a
right to the enjoyment of life and liberty, own property and to pursue happiness. It
also stated that the sum of powers rest with the people and it is from them that power
is derived. It proclaims that freedom of the press is one of the bulwarks of liberty.5
Blackstone6, a renowned English legal jurist described the concept of press liberty as
follows:
The liberty of the press is indeed essential to the nature of the Free State, but
this consists in laying no previous restraints upon publications, and not in
freedom from censure or from criminal matter when published. Everyman has
an undoubted right to lay what sentiment he pleases before the public; to
forbid this is to destroy the freedom of the press, but if he publishes what is
improper, mischievous or illegal, he must take the consequences of his own
temerity.
The International Convention on Civil and Political Right (ICCPR) in recognising the
freedom of expression and the press states in very strong words "Everyone shall have
the right to freedom of expression, this right shall include freedom to seek, receive
3
Ibid., p. 394.
4
Williams Fatoba, Media Law & Ethics in Nigeria, Analysis. (Ibadan: Printstarts Ltd., 2011) p. 1.
5
Alessandra Luini Del Russo: International Protection of Human Rights (Lerner Law Book Co., Inc.
1971) 11 as quoted in The Right to Know: The Need for a Freedom of Information Law in Nigeria and
Beyond by Olarewaju Fagbohun "Administration of Justice and Good Government in Nigeria" Essays
in Honour of Hon. Justice A. I. Kastina-Alu, GCON Chief Justice of Nigeria ed. Epiphany Azinge &
Adedji Adekunle (Nigerian Institute of Advanced Studies Abuja Press, 2011) p. 253
6
Blackstone, Commentaries on the Laws of England Vol. 4 pp151-152.
and impart information and ideas of all kinds, regardless of frontiers, either orally, in
writing or in print, in the form of art, or through any other media of his choice."7
The duties and obligation of the press are to inform the citizens and make appropriate
criticisms of the government. People are to be informed about the social, political,
economic and legal issues affecting them or are likely to affect them. The press could
mass communication media. In this regard, it is important to note that freedom of the
Political responsibility is a major concept of democracy and one of the major ways to
hold the government responsible is through the press. The actions of any government
in democratic dispensation are formed by public opinion. This presupposes that the
political truth. Corruption, abuse of public offices and mismanagement are exposed
through the freedom of the press. Freedom of the press is the freedom of
information is inseparable from the freedom of the press. If the press has freedom to
access information, in that regard it can be authoritatively said that the press enjoys
7
Article 19(2) of the ICCPR
8
The owners right which is freedom of expression is distinct from the freedom of the press, in wider
perspective. Although, most often than not, it is through the press that freedom of expression is
manifested; nevertheless, the coverage is not the same. Limitations attached to the freedom of
expression is different from that in freedom of the press.
importance of freedom of information, Abid Hussain, the United Nations special
Commission on Human rights has this to say: Freedom will be bereft of all
basic to the democratic way of life. The tendency to withhold information from the
The United Nations Development Programme (UNDP) says that addressing poverty
requires not just a transfer of economic resources to the needy but also making
information available to the poor so that they can participate more meaningfully in
political and social life. 10 Military coups and transitions to civilian administration
affected the press freedom as every government in power has its unique relations with
press freedom. Democracy is not only about rights; it is also about participation and,
interest representation.11
Under the fundamental objectives and directive principles of state policy, the press
has a duty conferred on it thus: "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." 12 In order to enable the press carry out this constitutional obligation, the
9
UN Doc. E/CN.4/1995/32, para. 35
10
Corruption and Good Governance: Discussion Paper 3, published by the Management
Development and Governance Division, Bureau for Policy and Programme Support, United Nations
Development Programme, 1997.
11
Almansur Ado, Press Freedom: Analyzing the Portrayal of Nigerian-State on National Dailies
Cover-page Headlines. E-Journal of Yasar University, 2014 9(35) 6099-6260.
<http://joy.yassa.edu.tr.> Accessed 20 April 2017.
12
Section 22 of the Constitution of the Federal Republic of Nigeria 1999
Constitution provides for the freedom of expression including freedom to hold
opinions and to receive and impart ideas and information without interference of any
sort.13 The provisions of Chapter 2 of the Constitution under which we have Section
22 is not justiciable as journalists or lawyers cannot cite any provisions of that chapter
accountable to the people. It neither empowers nor protects the media to discharge its
duty.14 However, the constitutional provision for the freedom of the press is limited
under the law. The constitution allows for derogation from the freedom in the interest
of defence, public safety and order, public morality or public health or for the purpose
of protecting the rights and freedom of other persons.15 More so, Section 19 of the
Everyone has the right to freedom of opinion and expression; this right includes
freedom to hold opinions without interference and to seek, receive and impart
information and ideas through any media and regardless of frontiers Also, in
A person has every right to discuss any grievance or criticise, canvass and
censor the act of government and their public policy. He may even do this
with a view to effecting a change to the party in power or to call attention to
some of the weaknesses of the government so long as he keeps within the
limits of fair criticism. It is clearly legitimate and constitutional, by means of
13
Section 39 of the Constitution.
14
Ifeyinwa Nwanulue & Chinelo Ude-Akpe, "Freedom of the Press in the Eyes of the Nigerian Law"
Being a paper delivered at the 4th international conference on information law (ICIL) in Thessaloniki
city, Greece 2011.
15
Section 45 (1)(a) & (b).
16
May 3 of every year is always set aside by the United Nations to celebrate Press Freedom, World
Press Freedom Day
17
United Nations General Assembly Resolution 217 (III) A of 1948
18
(1961) 1 All NLR 186
fair argument, to criticise the government of the day. What is not allowed is to
criticise the government in a malignant manner as described in this case. For
such attacks, by their nature, tend to affect the public peace.19
the General Assembly of the United Nations in October 2003) requires governments
processes; and (b) ensuring that the public has effective access to information.
The right to freedom of expression is explained under the African Charter on Human
and Peoples Rights 21 thus: Every individual shall have the right to receive
information as well as the right to disseminate opinion within the law. The
implication is that it recognizes a law that is not infringed upon by any domestic law.
In the case of Media Rights Agenda and Others v. Nigeria, the Commission of the
ACPHR said that the right what be limited in accordance with law should be
function and roles of the media include gathering and dissemination of information,
19
Moreover, it is pertinent to add here that once the criticism of the government goes beyond
expectations, then the act may be sedition as covered under Section 50(2) of the Criminal Code of
Nigeria and punishable under Section 51 of the same Code. See also Section 391(1) of the Penal Code
for Northern Nigeria; Section 24 of Cybercrime (Prohibition, Prevention, Etc.) Act, 2015.
20
Article 13
21
Article 9 of the ACHPR 1982; Available in: <http://www.africa-
union.org/official_documents/Treaties_%20Conventions_%20Protocols/Banjul%20Charter.pdf.>Acces
sed 20 April 2017.
22
Available in: <http://www1.umn.edu/humanrts/africa/comcases/105-93_128-94_130-94_152-
96.html> accessed 22 April 2017.
groups, advertisement of goods and services etc. saddled with this responsibility, the
For any nations press to be truly free, there must be the right mix of the legal,
impinge the total and true freedom of the press. The cornerstone for a free press and a
free society is possible when the right laws are in place in a suitable environment with
both the laws and regulations that could influence media content and the
governments inclination to use these laws and legal institutions to restrict the medias
ability to operate. Under political environment, Nigeria has one of the most vibrant
and varied media landscapes in Africa, and the print sector in particular is generally
sometimes face politicised interference from public officials and regulators over their
and running a viable press. The press repression in Nigeria aside having some legal
encumbrances has to some extent political hinges. Due to political instability, the
press has considerably suffered harassment from the police, military and thugs that
23
As a result of these threats, as well as a reluctance to displease media owners and sponsors, some
journalists practice self-censorship and refrain from covering sensitive political, social, ethnic, or
religious issues.
CHALLENGES FOR THE PRESS IN NIGERIA
In spite of the abundance of different viewpoints emanating from mass media outlets,
Nigerian society is not yet free and open. The lack of complete freedom especially in
broadcast due to censorship, multiple power centres and rapid changes in political
institutions jeopardize free press in Nigeria.24 With all the constitutional provisions,
there is no clear indication of strong and special forms of protection for the press to
carry out its constitutional obligations without interference, threats to life, or extra-
judicial repercussions. Nigerian press has faced several challenges since 1960 but no
challenge 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
Nigeria that between 1903 and 1998, there have been 29 anti-press legislations in the
books. No other industry has been confronted with such a degree of official
antagonism.25 Perhaps, this is why many media professionals believe that there is no
absolute freedom for the Nigerian press because there have been many instances of
brutalization of journalists and impunity against the press in Nigeria. Even the
Freedom of Information Act that supposedly gives the press and individuals the
freedom to gather information does not enhance absolute freedom of the press
because some sections of the Act indirectly curtail free access to information.26
The United Nations Special Rapporteur on freedom of expression, David Kaye on the
3rd May 2016, in a speech to commemorate the World Press Freedom Day, said:
24
Adigun Agbaje. The Nigerian Press, Hegemony, and the Social Construction of Legitimacy: 1960-
1983. (Lewiston, NY: The Edwin Mellon Press, 1992) p. 32.
25
Abati, Reuben 1998. Press Freedom in Nigeria. Lagos: Bolaji and Associates.
26
Chinyere Okunna & Muyiwa Popoola Freedom Of The Press: Setting The Scene
<http://nigerianobservernews.com/2015/05/freedom-of-the-press-setting-the-scene/> accessed 22 April
2017
Some governments target journalists, bloggers, political dissidents, activists
and human rights defenders as extremists or terrorists, criminalizing and
detaining them, using legal systems to counter broad and unclear offences.
The harm is felt not only by journalists but also by their audiences, the public
that deserves the right to know and to access information of public interest.
Freedom of expression plays a critical role in promoting equality and in
combating intolerance, and the role the media, the Internet and other digital
technologies play in keeping society informed is essential.
Before the promulgation of the Act, Nigeria had no law that guaranteed access to
public records and information. On the contrary, many Nigerian laws have secrecy
clauses prohibiting the disclosure of information, for example, the Official Secrets
Act27, the Criminal Code28, the Penal Code, the Evidence Act, etc. The purpose of the
Freedom of Information 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
and established procedures for the achievement of those purposes and; for related
matters. The 2011 Freedom of Information Act guarantees citizens right to public
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
everyone in the country and as such, it places enormous responsibility on those who
27
Cap. O3 LFN 2010
28
Cap. C38 LFN 2010
hold information. It will further assist various government agencies such as the
National Human Rights Commission (NHRC), the Independent Corrupt Practices and
Other Related Offences Commission (ICPC), the Economic and Financial Crimes
Commission (EFCC), the Code of Conduct Bureau and other law enforcement
agencies in the performance of their duties. It will also enhance the speedy
dispensation of justice, especially when one considers that it will make it easier to get
public officers as cooperative witnesses unlike in the past when they were protected
for divulging information in court cases. The right of any person to access or request
and established by the Act.29 This right is not to be prejudiced by the existence of
this right, all public institutions are required to keep records of all their activities,
operations and businesses,31 in such a manner as to enable the public to gain access to
possession of the public institutions are to be widely disseminated and made readily
available to members of the public through various means, including print, electronic
online sources and physically at the offices of such institutions.33 The Act provides a
veritable framework for the civil struggle against corruption, incidents of abuse of
enables Nigerian citizens to exert some degree of control over the actions of national
29
section 1(1).
30
Ibid.
31
Ibid, section 2(1).
32
Ibid, section 2(3); see also section 9.
33
Ibid.
CONCLUSION
Freedom of expression and the press as enshrined in the Constitution as one of the
fundamental human rights should not only be respected but also be protected. It is
only in a democratic atmosphere where the rule of law is enshrined that freedom of
the press can thrive; a democratic government that is accountable to the people will
respect the rule of law and fundamental rights of the citizenry including the rights of
the press to gather, process and disseminate information without hindrance. However,
it is expected that the press practise in line with the ethics of the profession. Core
educative journalism. As the nation seeks to achieve a true freedom of the press, there
is a need to terminate the culture of secrecy that has become endemic in government
circle, a situation where activities of the government are not known to the press.
government argument that not all government activities should be made public. The
government through the Official Secret Act and Criminal Code Act34 limits the extent
to which the press or public officer representing the interest of government could
divulge or reveal information received in confidence on the excuse that such matter is
classified or confidential.35
34
in addition, see also Sections 190 and 191 of the Evidence Act, 2011.
35
Odunayo Bankole, Press Freedom and the Nigerian Constitution: a Vague Provision
<http://www.sharpjournal.com/press-freedom-and-the-nigerian-constitution-a-vague-provision/> last
accessed 24 April 2017