By: Àkà nnà Olúwaségún Michael
Photo credit: planet volume on unsplash
Every 3rd of May in the year, the world celebrates the freedom of the press. The celebration often serves as a reminder on the need for the protection of the Fundamental Human Rights and Freedom of Expression as embedded in the universal declaration of Human Rights as well as the constitution of countries that are liberal democracies. In the past decade however, the World Press Freedom Day has remained a constant reminder of the escalation of violence and conflicts all over the world. The consequences of which journalists and other mediaworkers have had to bear in their quest/bid to fulfill a sacred mission: the people deserve the right to know.
The press is a very important aspect of governance. This is why it is regarded as the Fourth Estate of the realm. This means that after the executive, legislature and the judiciary, the next and the most important organ of government is the press. This is because it plays the role of disseminating information and enlightening the populace.Furthermore, it serves as a watchdog, not only by exposing the atrocitiesOf people in government but also by bringing important issues that are necessary for national development for public debate.
“It is our conviction that Press freedom is not just a fundamental human right; it is also essential for environmental sustainability. Without a free and independent press, we cannot hope to address the complex environmental challenges we face.”
Minister of Information and National Orientation, Alhaji Mohammed Idris
However, amidst the celebration of press freedom this year,the recent detention of Daniel Ojukwu,a journalist with the Foundation for Investigative Journalism (FIJ),casts a shadow over the state of press freedom in the country.Ojukwu's abduction on the eve of Press Freedom Day serves as a stark reminder of the challenges journalists face in the country.
FIJ Reporter Daniel ojukwu
Photo credit: Twitter
According to Ojukwu's lawyer, Abimbola Ojenike, his client's detention occurred just hours before the commemoration of World Press Freedom Day.
This incident highlights the irony of Nigeria being labeled the 112th most journalist-friendly country in the world by the World Press Freedom Index (WPFI), compiled by Reporters Without Borders (RSF). Despite Nigeria's two-decade-long democracy, the reality on the ground paints a different picture.
Nigeria's descent from the 115th position in 2020 to 123rd in 2023 on the WPFI is alarming. The country now finds itself sandwiched between Nicaragua and Afghanistan, indicative of a concerning trend where press freedom is increasingly stifled. Journalists across Nigeria have voiced their discontent, decrying the constraints imposed on their profession under the current regime.
The sudden jump in Nigeria's ranking on the World Press Freedom Index (WPFI) from 123rd in 2023 to 112th in 2024 seems incongruous when juxtaposed with the detention of journalist Daniel Ojukwu. Ojukwu's apprehension just hours before Press Freedom Day serves as a poignant reminder of the challenges faced by journalists in the country.
While the improved ranking may suggest some positive developments in the media landscape, it does not reflect the lived experiences of journalists like Ojukwu, who continue to encounter threats, intimidation, and harassment in their work. His detention raises questions about the criteria and methodology used in assessing press freedom, particularly if it fails to capture the day-to-day realities faced by journalists on the ground.
Moreover, Ojukwu's detention symbolizes the broader threats to press freedom in Nigeria and the obstacles faced by journalists in fulfilling their duty to inform the public.
THE NECESSITY OF THE PRESS
press freedom “is the right of the press to publish without being subjected to any form of intimidation, molestation or blackmail”.
New Directions for Journalism in Nigeria
'Kunle Adeigbe
Press freedom is the liberty given to a journalist to be free to write without fear or favor. A journalist has the ability to burrow into the ills of the society thereby making the public aware of what is happening in their environment.
A responsible press will be investigative and uphold the truth at all times. In essence, the pointmade here is that the freedom of press also gives it corresponding responsibilities.It is vital for the mass media institution to be entrusted with the accountability of observation of the environment through the presentation and analysis of the happenings in society. Indeed, it is hard to picture a modern society without the press.
In a press release, published by the Nigeria federal ministry of information and National orientation,The Minister said the President recognizes the importance of responsible media coverage in enlightening, informing, and educating Nigerians and the world, adding that through credible and timely information, everyone can be well-informed, and the media can serve as a valuable tool for fostering transparency and accountability.
L-R: Special Adviser to the President on Information and Strategy, Mr. Bayo Onanuga; Permanent Secretary, Federal Ministry of Information and National Orientation, Dr. Ngozi Onwudiwe; Minister of Information and National Orientation, Alhaji Mohammed Idris; Minister of State, Environment and Ecological Management, Dr. Iziaq Adekunle Adeboye Salako and the Head UNESCO Office Abuja, Mr. Abdourahamane Diallo, at the year’s World Press Freedom Day organized by the Federal Ministry of Information in collaboration with UNESCO in Abuja on Friday.
“As a Ministry and Government, we provided the most unfettered access to Journalists and provided the enabling environment that has continued to encourage the Nigerian media to grow in leaps and bounds,” he said.
THE OBSTACLES...
However,Even though press freedom is granted in the constitution, there is no statutory backup in Nigeria. Journalists do not enjoy press freedom as the constitution counteract each other for instance section 39 of the 1999 Nigerian constitution qualifies and tactically curtails freedom of expression and of the press. Subsection two of section 39 places prior restraint on the ownership of the media for the exercise of freedom of speech particularly on the broadcast media.
The entire Chapter Two of the 1999 Constitution of Nigeria, where the freedom of the press is entrenched, has been criticized as being nonjusticiable. The non-justiciability of the Chapter is based on Section 6(6)(C) of the 1999 Constitution, which states that the judicial power vested in the courts:Shall not, except as otherwise provided by this Constitution, extend to any issue or question as to whether any act or omission by any authority or person or as to whether any law or any judicial decision is in conformity with the Fun nodamental Objectives and Directive Principles of State Policy set out in Chapter II of this Constitution;By virtue of this provision of the constitution, justiciability of Chapter Two, including Section 22 which stipulates freedom at “all times” to the press to “uphold the fundamental objectives” and hold the government accountable to the people has been dwarfed.
Furthermore, for the press to be able to meet up with the task of upholding the fundamental objectives contained in Chapter II of the 1999 Constitution and also hold the government accountable to the people, access to information is vital.Unfortunately, journalists’ access to information, especially information held by the government, is restricted and limited.
The official Secret Code Act continues to limit the extent to which civil public and civil servants who are representing the government could divulge information because it is an offense to do so when it is not authorized from above. The law, in its Section 1 (Protection of Official Information,etc) Subsection 1 (a) and (b) states that:“Subject to subsection (3) of this section, a person who transmits any classified matter to a person to whom he is not authorized on behalf of the government to transmit it; or obtains, reproduces or retains any classified matter which he is not authorized on behalf of the government to obtain, reproduce or retain, as the case may be, is guilty of an offense”.
Section 2 of the same Law adds that:“A public officer who fails to comply with any instructions given to him on behalf of the government as to the safeguarding of any classified matter which by virtue of his office is obtained by him or under his control is guilty of an offense”.These criminalize official information disclosure by public officers and also affect the press’ unfettered access to information by journalists.
During a focus group discussion/interactive session with pressmen of various media organizations in Yola, the significance of this Act as a limitation to journalists’ unfettered access to public information was stressed. One of the participants in the session said:
“I have said before and will still repeat it: freedom of the press only exists in Nigeria theoretically. I keep asking the question that you cannot buy a new tyre and fix it unless you remove the old tyre. You cannot have an Official Secrets Act existing and we are talking of freedom of the press. Official Secrets Act and other Acts that the government has putin place have not been removed. So, the so-called freedom of the press is just an academic exercise. Because if I go to a government official for information, he will use the Official Secrets Act to deny me information and he will defend himself in the court of law because the law has not been abolished or removed, it still exists. So the government in Nigeria is only playing politics with the issue of the freedom of the press. It exists only on paper but in reality it does not exist”
(interactive session with pressmen conducted by CJID held in Yola on 27th April, 2019).
The arrest and detention of Samuel Ogundipe, a reporter for Premium Times, on August 14, 2018, serve as a stark illustration of the chilling effect of the Official Secrets Act on press freedom in Nigeria. Ogundipe's case directly relates to the provisions of the Act, which criminalizes the unauthorized disclosure of classified information.
Samuel ogundipe
Photo credit:The cable
Ogundipe was charged with violating the Official Secrets Act, along with other laws such as the Cybercrime Act and the Penal Code Law. These charges stemmed from his investigative reporting, which involved the publication of classified documents related to government activities. By invoking the Official Secrets Act, authorities sought to silence Ogundipe and discourage investigative journalism that holds the government accountable.
His case exemplifies how the Official Secrets Act is used to intimidate and harass journalists who seek to fulfill their duty to inform the public. By criminalizing the transmission, reproduction, or retention of classified information without authorization, the Act effectively restricts journalists' access to vital information that is in the public interest.
The intention of the Freedom of Information (FoI) Law of 2011 was to make public information accessible. As the preface to the law explains,the FoI Act is:“An Act 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 of disclosing certain kinds of official information without authorization and establish procedures for the achievement of those purposes and; for related matters”. But free access to public information is still a mirage. In some cases,states of the federation use non-domestication of the law to still deny access to information, arguing that the FoI law is a federal law and its provisions are not binding on the jurisdictions of the federating states.
On the other hand, Section 39 (1) and (2) which give every Nigerian the right to “freedom of expression, including freedom to hold opinions and to receive and impart ideas and information without interference” and “right to own, establish and operate any medium for the dissemination of information and opinions” is justiciable. However,the actualization of the human rights set out in Chapter IV, including the right to freedom of expression and right to own or establish a medium of dissemination of information, is limited by Section 39 (3).Section 39 (3) states that: “Nothing in this section shall invalidate any law that is reasonably justifiable in a democratic society” (Constitution of the Federal Republic of Nigeria, 1999). The implication of this is that although the Constitution makes provisions for the enforcement of freedom of expression, which is very important to press freedom, yet it warns benefactors to be ready to be held responsible for any misdeed that may result from the application of extant laws. There are many laws that may affect criminal liability on any benefactor of Section 39,subsection (1) and (2) in the 1999 Constitution. Some of these laws are the Cybercrime Law of 2015, Criminal and Penal Codes, as well as the Sharia Law operated in the 12 Northern States in Nigeria.
The Cybercrime Law (Prohibition and Prevention, etc) was promulgated in 2015. The essence of the law is to:“…Provides an effective, unified and comprehensive legal, regulatory and institutional framework for the prohibition, prevention, detection,prosecution and punishment of cybercrimes in Nigeria and ensures the protection of critical national information infrastructure, and promotes cybersecurity and the protection of computer systems and networks, electronic communications, data and computer programs,intellectual property and privacy rights”.
However, many journalists have been arrested for cyberstalking, using the Cybercrime law of 2015. Cyberstalking is the crime committed when one repeatedly uses the medium of electronic communication to harass, intimidate and frighten a person. Section 24, 1(A and B); 2(A,B and Ci and Cii); 3(A and B), 4, 5 and 6 punishes anyone convicted of knowingly sending an online message that “he knows to be false, for the purpose of causing annoyance, inconvenience danger, obstruction,insult, injury, criminal intimidation, enmity, hatred, ill will or needless anxiety to another'', with penalties ranging from payment of fine and imprisonment or both.
Since the promulgation of the law in May, 2015,the accusation of cyberstalking has been used to harass and press charges against journalists, especially bloggers and online newspaper outfits who criticize politicians and government organizations online.This has raised serious condemnation against the law. Media personnel and organizations have campaigned vigorously against the use of the cybercrime law to harass and intimidate press personnel.
Ojukwu's detention was purportedly justified by accusations of cyberstalking, a crime defined under the Cybercrime Law
TO BE CONTINUED…..
