Constitutional Justification for Press Freedom in Nigeria
Chapter One
OBJECTIVE OF THE STUDY
The researcher’s objective is to conduct in-depth research on the constitutional justification and press freedom in Nigeria with an insight to determine and trace how the constitution of Nigeria restraints media freedom in the country and discusses the political structure and how the frequent changes of the political leadership of the nation affect the country’s mass media of communication.
It also examines the constraints brought about by the pattern of media ownership tied to Nigeria’s politics.
CHAPTER TWO
LITERATURE REVIEW
INTRODUCTION
In this chapter, the researcher reviewed some of the existing literature and past studies on government media relations, press theories, functions of the press and the implication of press infringement. The researcher collected some materials, which she considered relevant to substantiate the study especially those of eminent scholars in the field of Mass Communication, among whom are M.A. Ogunsiji, S.A Sonaike, Sean McBride, Siebert, Joseph Bel-Molokwu, Paul Weaver, etc. An appreciable number of interviews with some electronic media experts at NTA, Ibadan were also conducted.
THE CONSTITUTION AND THE MASS MEDIA
The press, radio, television and other agencies of the mass media shall at all times be free to uphold the fundamental objectives. For some, freedom of expression guaranteed by section 39 of the Constitution is sufficient for the press to carry out its assumed traditional functions of informing, educating and entertaining the public. Section 39 of the Constitution provides that, ‘every person shall be entitled to freedom of expression, including freedom to hold opinions and to receive and impart ideas and information without interference’.
In subsection 2 it is provided that every person shall be entitled to own, establish and operate any medium for the dissemination of information, ideas and opinions’. However, the proviso to subsection 2 states that persons other than the state cannot operate a television or wireless broadcasting station for any purpose without the permission of the President upon fulfilment of conditions stipulated in an Act of the National Assembly. The question then is, is section 22 of the Constitution which provides that 10 Ibid, p.21 11 Adigun Agbaje, Freedom of the Press and Party Politics in Nigeria: Precepts, Retrospect and Prospects, African Affairs, Vol. 89, Number 355, 205-226 contained in this Chapter and uphold the responsibility and accountability of the Government to the people superfluous? Those who take the view, which is predominant in Nigerian legal circles that rights and obligations contained in Chapter II of the Constitution are absolutely enforceable not being justifiable by virtue of section 6(6)(c ), can argue that section 22 is superfluous as section 39 which is justifiable covers impartation of ideas and information, the main functions of journalists and the press. However, it has always been my position that the fact that the whole of Chapter II of the Constitution are not justifiable or amenable to judicial enforcement does not imply that they cannot be enforced by other means.
Section 13 creates an obligation for all Nigerians to enforce the whole of the Chapter. It is therefore possible for citizens to ensure compliance with the provisions contained in the Chapter by non-judicial means. It is arguable that section 22 fortifies the power of the press in ways that section 39 does not. Although the section is not justifiable, I am of the view that it can be a defense to illegal criminal libel prosecutions12. This point has never been raised in any such prosecution. The researcher’s position is based on the creative use to which the Supreme Court put section 15 of the Constitution in upholding the legality of the passing of the Constitution by the National Assembly, although corruption is not one of the matters in respect of which it can legislate. The argument is that if the Supreme Court can rely on a non-justifiable section to validate a Constitution, there is no reason why a journalist or the press cannot rely on another non-justifiable section contained in the Constitution as a defense to criminal libel prosecutions by the state when it can be established that the subject matter of the report relates to holding the government accountable. But the question really is why section 22 is not placed under the justifiable Chapter 4 of the Constitution if its drafters are sincere about freedom of the press? We shall return to this question subsequently. It suffices however to state that even section 39 which is in Chapter 4 of the Constitution is not an absolute right as section 45 of the Constitution permits its derogation by Constitutions reasonably justifiable in a democracy in defense of public morality etc. The point is that even if section 22 had been placed under Chapter 4, that would not be the end of the matter. But the derogation from section 39 compels an examination of judicial attitude to Press freedom.
THE CONSTITUTION AND PRESS FREEDOM IN NIGERIA
The question of what Constitution is or is not remains a matter of serious controversy among jurists and philosophers. Yet its understanding is crucial to our present purpose. Constitution has been defined as ‘the regime that orders human activities and relations through systematic application of the force of politically organized society, or through social pressure, backed by force, in such a society’. It appears that this and many of the other well-known definitions of Constitution bear the imprints of either positivism or natural Constitution. Austin, the leading positivist of all times, regarded Constitution as a body of command laid down by a sovereign with an obligation for obedience on the part of those to whom the command was issued, conceive of Constitution as no more than the domination of an inferior class by a superior class in a given society. That the superior class also controls the economic power in such a society is an inescapable conclusion supported by a cursory study of the history of all legal systems, advanced or primitive. We see therefore that Constitution is at once an instrument of domination and ‘legitimation’.
CHAPTER THREE
RESEARCH METHODOLOGY
INTRODUCTION
This chapter will take into consideration the operational principle and deals with how the research works is carried out. Research methodology is also the method of data collection.
This study is carried out to assess the effect of sales volume towards distribution strategy. This chapter also focuses on research production in collecting and analyzing the data used in the study that is, the explicit step by step procedure of what will be done and how it will be done so that it will facilitate better understanding of the project.
POPULATION SIZE
The population size of this research work is (280) two hundred and eighty workers. It consist of the junior and senior staffs in different department like finance, marketing, production, personnel department and many other more.
CHAPTER FOUR
DATA PRESENTATION, ANALYSIS AND RESULTS
In this chapter, the data analysed and the results arrived at, were presented. A total of 50 copies of the questionnaires were distributed and 45 of it were completed and returned. This shows 90% response, which is highly appreciated.
CHAPTER FIVE
CONCLUSION, RECOMMENDATION AND SUGGESTION FOR FURTHER RESEARCH
CONCLUSION
For there to be true press freedom in Nigeria groups Nigerian journalists would have to be proactive. They should come out with suggestions on Constitution reforms aimed at guaranteeing access to information and freedom of the press. But it must be recognized that freedom of the press cannot exist in isolation of other rights. In a situation where other rights are trampled upon needlessly, we cannot expect press freedom to be enjoyed without the traditional hostility from the powers that be discourse 16 years ago. Since then and in spite of the glamour for its passing by the people, members of the National Assembly and the ruling elite have remained implacably hostile to the Bill.
Many reasons and justifications have been proffered for the hostility of the ruling elite to the FOI Bill. The main argument against the Bill is that granting access to public information to citizens would jeopardize national security. The unacceptable paternalism of this self-serving argument has been poignantly pointed out.
The point that has to be made is that the issue of whether it is desirable to pass the Bill or not is not a moral issue but a serious political and economic issue. Unequal access to information generates political and economic inequality which in turn leads to the domination of one class of people over another. One can cite several examples to show how a tiny proportion of our population benefits from the opaqueness and corruption that lack of access to public information engenders. Every now and then government officials award lucrative oil blocks to their cronies who immediately happen on stupendous and easy wealth. Citizens cannot request the relevant ministry to make available the names of beneficiaries of this easy largesse since 1956 when oil was found at Oloibiri. How much money these middlemen and women have made from these immoral parceling of collective resources of our people to themselves would never be known without FOI. What about contracts awarded by various ministries and government departments or even professional jobs such as briefs given out by government departments? It is necessary to know who got these jobs and at what costs to the taxpayers. Furthermore, it would be useful to know how much some of these funny jobbers who make it look like they are the most brilliant professionals in the world pay as taxes. The opaque system facilitates corruption and cronyism in such a way that development is impossible.
RECOMMENDATIONS
The enemies of FOI are the enemies of peace, progress and development of Nigeria and they must be fought as such. Thus the FOI issue is also and very clearly an issue of power. This is why some of the people opposing the passing of the Bill today would rather die than see it passed. The immediate implication of this is that the proponents of the Bill, and every decent citizen should number among them, should work out a sustained political strategy against the opponents of the Bill. Until and unless we stop moralizing the debate the Bill stands no chance.
In other words, if any issue or matter should be a matter of life and death it is the issue of the need for Freedom of Information. I really do not see why citizens cannot protest and seize the National Assembly until the Bill becomes Constitution willy-nilly. I am ready to take part in, and if need be lead, such an action. The struggle for FOI requires a combination of actions, from legal actions to civil disobedience to any action necessary. The trade unions which need information for proper and effective bargaining ought to organize strikes to force members of the National Assembly to pass the Bill. I cannot agree more with Chidi Odinkalu when he said that ‘advocacy for freedom of information is the struggle for our republic and to return ownership of both our government and our information to where they belong-our people.
There is an undying debate as to whether the press ought to enjoy a special right different from that enjoyed by other citizens or members of the society.
REFERENCES
- Lerner, D. (1962). International Co-operation in National Development. Honolulu: Hawaii East Central Press.
- McBride, S. (1980). Many Voices One World. Paris: Unesco Press.
- Mcluhan,M(1964). Understanding Media the Extension of Man. New York: McGraw Hill Book Co.
- McPhail J.L. (1981). The Future International Broadcasting and Communication. London: California Press.
- McQuali, O. (1981). Mass Communication Theory an Introduction. Beverly Hills: California Press.
- Nolum, E. A. (2004).The Influence of Western Television Programmes on the Cultural Values of Nigerian Youths. Unpublished Text.
- Offing, D.A. (1980). Imperialism and Dependency. Nigeria: Enugu Fourth Dimension Publisher.
- Ologbese, E. (2009). Mass Communication American Empire. New York: A.M. Kelly Press.
- Schiller, H. (1969). Mass Communication and American Empire. New York: A.M Kelly Press. (1975). Communication and Cultural Domination. New York: International Art and Science Press.
- Skornia, H.J. (1965). Television and Society an Inquest and Agenda for Improving View. New York: McGraw Hill Book Company.
- Tuchman, G. (1978). Making News a Study in the Construction of Reality. New York: N.V. Longman.
