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Mark Assures Of Passage Of FoI Bill
Senate President David Mark yesterday assured Nigerians that the Senate would pass the Freedom of Information Bill already passed by the House of Representatives.
Mark gave the assurance when the executive members of the Newspapers Proprietors Association of Nigeria (NPAN) led by its President, Chief Olushola Ogunshola, paid him a courtesy visit in his office.
“Ordinarily, there is no need for you to come because we have assured that we are going to pass the bill. “The bill is not for the media alone but for everybody. However, there is need to guarantee that the media will use the bill responsibly,’’ he said.
He added, “Passage of the bill into law is not a problem but we must show enough restraint and responsibility in order to avoid recklessness in the discharge of our duties. The media must be able to protect the ordinary man from abuse and recklessness by some of its members.”
Mark noted that the Nigerian Press Council had failed in its duty of sanctioning any media organisation found to have gone against the ethics of the profession.
Earlier, the President of the NPAN, Ogunshola urged the Senate to pass the Freedom of Information Bill.
He also pleaded that the Senate should not change the name of the bill to Access to Information as done by the House of Representatives.
Ogunshola noted that although the bill was passed by the last National Assembly but was not signed into law, noting that there was still another historic opportunity for the current National Assembly to pass it.
“There is still another historic opportunity for you to pass the bill and allow President Goodluck Jonathan to sign it.
Nigerians will remember you for that. The bill should be passed before the general elections,’’ he said.
He said that efforts had also been made to correct the initial misconceptions about the bill.
Meanwhile, the Special Adviser to the President on National Assembly Matters, Sen. Muhammed Abba-Aji, had denied reports credited to him on Igbo presidency and the Freedom of Information Bill.
Abba-Aji was quoted in the media as saying that there was no vacancy for the Igbos in 2015 and that he would prevail on President Goodluck Jonathan not to sign the Freedom of Information Bill.
Briefing newsmen yesterday in Abuja, Abba-Aji said that he had not at any time made such a statement.
“I hereby categorically state that I have not at any time made such a statement.
Contrary to this statement, I strongly believe that my Igbo brothers and sisters have equal rights with all members of other ethnic groups to seek any public office including the exalted office of the President of the Federal Republic of Nigeria.
“As it relates to Vice President Namadi Sambo, it is entirely my personal view, which he neither desired nor solicited. I therefore, hereby withdraw it, and regret any misunderstanding that it might have generated,” he said.
He added: “On the issue of the Freedom of Information Bill, what I did was to draw attention to the conflict that in my view, it is likely to have with Seventh Schedule of the Constitution of the Federal Republic of Nigeria as it relates to the oath of office and the Official Secrecy Act, which is yet to be repealed.
“I also tried to make the distinction between the Freedom of Information Bill, which seeks to compel public officers to reveal official matters and the Freedom of Press, which is already enshrined as Section 39 of the Constitution.”
However, mixed reactions have greeted the amended Electoral Act, especially the aspect that stopped the removal of governors through the courts.
Some politicians, who spoke to newsmen in Lagos yesterday, said that the removal of the power of the court to remove a sitting governor was in order.
However, others argued that it would give governors, who won an election through rigging, a second chance to rig.
Our correspondent reports that the former Electoral Act 2006 empowered the judiciary to nullify elections and give the mandate to the authentic winner of an election.
The newly amended act strips the court and the tribunal of the powers to remove from office a sitting governor for irregularities except through a re-run election.
When a sitting governor is found guilty, he should be disqualified from that election and its party should nominate somebody else,’’ Onimisi said.
But Malam Yusuf Buba, National Chairman, Advanced Congress for Democrats (ACD), commended the National Assembly for the amendment.
According to him, the power given to the judiciary to remove a sitting governor found to have rigged into office could corrupt the judiciary.
“If the power still lies with the judiciary, it can make it corrupt, but a re-run election will make it easier for people to come out and still exercise their civic rights, he said.
A bill to amend the Corrupt Practices and Other Related Offences Act 2000 has passed its second reading in the House of Representatives.
The bill, which mandates compulsory counselling and training for individuals convicted of corruption-related offences, was sponsored by Kayode Akiolu (APC-Lagos) during plenary on Wednesday.
Leading the debate, Mr Akiolu explained that the bill sought to amend Section 67 of the principal act, introducing new provisions that were not part of the original section.
“These additional provisions, found in subsections 2, 3, and 4 of the amendment bill, require judges and magistrates to not only impose imprisonment and/or fines on those convicted of corruption but also mandate a minimum four-week anti-corruption counselling and training.
“The counselling and training will be designed and delivered by the Anti-Corruption Academy of Nigeria (ACAN) and aims to address the psychological factors related to corrupt behaviour,” Mr Akiolu said.
Mr Akiolu emphasised that the training would help reform convicts by addressing their corrupt tendencies and could even transform them into advocates for anti-corruption efforts.
He added that this approach aligned with the reformative aspect of the criminal justice system, which focused on punishment and rehabilitation.
“As per subsection 4, the bill allows magistrates and judges to order convicts to cover the cost of their counselling and training, preventing additional financial burdens on the government,” the lawmaker noted.
Mr Akiolu further argued that if the bill is passed into law, it would strengthen the country’s fight against corruption.
Given the widespread negative impact of corruption, he urged the House to support the bill for the country’s benefit.
Following the debate, Speaker Tajudeen Abbas referred the bill to the relevant committee for further legislative consideration.
The Judiciary and the Media are key pillars of democracy, the Chief Justice of Nigeria (CJN), Justice Kudirat Kekere-Ekun, has said.
Kekere-Ekun made this statement in her address at the 2024 National Conference of the National Association of Judiciary Correspondents (NAJUC).
The CJN was represented by Mr Abdulaziz Olumo, the Secretary of the National Judicial Institute (NJI).
“ The judiciary and the media occupy unique and complementary roles in any democratic society.
“ The judiciary serves as the guardian of justice, equity, and the rule of law, the media acts as the conscience of society, disseminating information, shaping public opinion, and ensuring accountability.
“ Together, these institutions provide checks and balances that strengthen the fabric of democracy,” she said.
Quoting Felix Frankfurter, a former U.S. Supreme Court Justice, she said: free press is not to be preferred to an independent judiciary, nor an independent judiciary to a free press. Neither has primacy over the other; both are indispensable to a free society.”
The CJN said this dynamic interdependence between the judiciary and the media presents opportunities and challenges alike.
“ The media is entrusted with the responsibility of informing the public about judicial activities, the judiciary relies on accurate and ethical reportage to enhance public confidence in its work.
“ However, the inherent power of the media to influence public opinion requires careful management, especially when its focus turns to judicial proceedings.
“ The question posed by Robert J.Cordy, a former Associate Justice of the Massachusetts Supreme Judicial Court, is pertinent here: “What happens when the free press turns its sights on the courts-scrutinizing, sensationalizing, and exposing the frailties of the judiciary while questioning its ethical standards and performance?”
“The media’s capacity to shape narratives and perceptions is undeniable” she said.
Quoting Jim Morrison , she said “Whoever controls the media controls the mind.”
According to her, this underscores the immense responsibility placed on journalists to report truthfully, fairly, and objectively.
“ Unfortunately, the commercialisation of news and external influences have led to the rise of sensationalism-a practice that distorts facts, erodes trust, and undermines the very essence of journalism.
“ Sensationalised headlines, such as the infamous 2016 headline “We raided the houses of ‘corrupt, unholy’ judges, says DSS,” can paint a skewed picture of the judiciary and its officers. Such reporting, often devoid of context, compromises the integrity of the justice system and misleads the public.
“ Closely tied to this is the issue of “trial by media,” where premature and often biased media narratives prejudge cases and infringe on the constitutional rights of individuals” she said.
She added that as Mahatma Gandhi rightly observed, “The sole aim of journalism should be service.” It is imperative for media practitioners to remain steadfast in their commitment to truth and objectivity.
To this end, she advised, the National Association of Judiciary Correspondents to take proactive steps to regulate the activities of its members.
“ This is not merely about enforcing rules but about fostering professionalism and safeguarding the credibility of the media.
“ The judiciary and the media must work as partners in progress.
“ To bridge the gap between these institutions, there is a pressing need for constructive engagement and mutual understanding.
“ Courts can provide the media with guidelines on judicial processes, courtroom decorum, and the nuances of court proceedings.
She noted that globally, courts have adopted initiatives to support the media’s role in reporting judicial matters.
For instance, she said the Supreme Court of Dakota’s media guide outlines protocols for courtroom reporting, while the UK ‘s Media Guidance document provides clarity on access and etiquette for journalists.
“ These examples demonstrate how structured collaboration can enhance the quality of judicial reportage.
“ In Nigeria, we can take a cue from these models by developing a comprehensive media guide tailored to our judicial landscape.
“ This initiative, which would involve inputs from NAJUC and judicial stakeholders, would not only enhance media access to courtrooms but also ensure that judicial activities are accurately and responsibly reported” she said.
She advocated that judiciary correspondents must make deliberate efforts to familiarise themselves with the rules and procedures of the courts.
She added that understanding these frameworks will enable journalists to navigate the complexities of judicial proceedings effectively and responsibly.
“ Training programs such as this conference play a crucial role in equipping judiciary correspondents with the knowledge and skills needed to report judicial matters accurately.
“ The theme of this year’s conference, “The Role of Courts in Enforcement of Judgments,” is both timely and significant, as it addresses an aspect of judicial work that is critical to upholding the rule of law and ensuring justice.
“ I commend NAJUC for its commitment to promoting accountability and transparency through its engagements with the judiciary.
“ As I conclude, I must emphasize the importance of credible journalism in strengthening public trust in the judiciary” she said.
She urged judiciary correspondents to prioritise the pursuit of truth and objectivity, resist undue influences, and remain steadfast in their commitment to ethical standards.
She commended the leadership of NAJUC, under the chairmanship of Mr Kayode Lawal, for its efforts in promoting professionalism among judiciary correspondents.
The Senate has issued an arrest warrant for the Managing Director of Julius Berger Nigeria Plc, Dr Peer Lubasch, to appear before its Committee on Works.
The Tide’s source reports that the warrant was for Lubasch to explain the utilisation of funds appropriated for the reconstruction work on Calabar-Odukpani-Itu highway.
The warrant followed the adoption of a motion sponsored by Sen. Osita Ngwu (PDP- Enugu) and co-sponsored by Sen. Asuquo Ekpenyong (APC-Cross River) and Sen. Mpigi Barinada (PDP- Rivers) at plenary in Abuja, yesterday.
Ngwu, in the motion said, that the senate had mandated the committee on works to conduct investigation into the state of road infrastructure across the country.
He said that in furtherance to the investigative hearings, Julius Berger refused to honour invitations to provide details of its role in the Calabar-Odukpani-Itu highway project, in spite of receiving substantial public funds.
He said that this was worrisome, given the alarming discrepancies in performance among contractors on the project, with specific reference to Julius Berger for failing to meet delivery timelines.
Ngwu said it was the constitutional powers of the National Assembly under Sections 8 and 89 of the 1999 Constitution, as amended, to conduct investigations on any person or organisation responsible for administering public funds.
He said that the powers set out in section 6 of the legislative powers and privileges act empowered the Senate to issue warrants of arrest on persons in contempt of its proceedings.
The Tide source reports that the senate further ruled that President of the Senate, Godswill Akpabio, should sign the warrant, mandating the Julius Berger managing director to appear on a date to be communicated.
Akpabio said that the senate’s decision was in line with its constitutional powers under Section 89 of the 1999 Constitution (as amended).
“This senate will not tolerate the continued disregard of its authority.
“The managing director of Julius Berger must appear before the relevant committee, failing which further actions will be taken as prescribed by the constitution.
“The point of order, which was supported by the majority of the senators, highlighted the importance of upholding the integrity of the legislature.
“The senate committee will submit its findings to the National Assembly after the MD’s appearance.
“If there is any further failure to comply, we shall take the necessary steps to ensure respect for the constitution and the rule of law,” Akpabio said.