Features
Nigeria’s Constitution And Press Freedom
Nigerian journalists on
May 3, 2014 joined their counterparts worldwide to celebrate the World Press Freedom Day, a date set aside by the United Nations General Assembly in 1993, to apart from inform the general public on events and issues that affect them but to also let the people know that the media is a significant force in modern-day culture and politics.
It is a day meant to celebrate the fundamental principles of press freedom, evaluate press freedom around the world, defend the media from attacks on their independence and to pay tribute to journalists who lost their lives in the exercise of their profession, among others. Each time the World Press Freedom Day is celebrated, one is forced to pause and ask this question: How freely are journalists who practice in Nigeria and other parts of the world? There are sustained attacks on journalists globally.
It is an undeniable fact that the world today is currently experiencing a turbulent period like never before. In Nigeria, the unfortunate events of Boko Haram terrorism and insecurity around us are enough to cite as examples, as thousands of innocent people including media men who are doing their job, have lost their lives, leaving behind their wives, children, parents and siblings. As this year’s World Press Freedom Day was celebrated, majority or many journalists are currently languishing in different countries innocently, most of them without access to lawyers. They did not commit any offence, other than discharging their duties professionally.
Right now, some Al-Jazeera journalists are being detained by Egyptian authorities. They are Peter Greste, Abdullah Shami, Mohammed Fahmy and Baher Mohammed who have been in detention for about 5 months now, according to Muslim Students Society of Nigeria (MSSN), Lagos State chapter via its monitoring outfit, Media 961. The body’s Director, Abdurrasheed Abubakar said the Al-Jazeera journalists have appeared seven times in court for performing their statutory role, pointing out that journalists are not criminals. “It is the fundamental rights of the people to know, and it is the responsibility of the media to give them the most objective and unbiased information, he stressed and called for the immediate release of the reporters and other journalists who are going through the same treatment in other parts of the world.
In its report, the committee to Protect Journalists recently said over 500 reporters have been in prison worldwide in the last two years while the International Federation of Journalists reported that 105 media workers were killed in 2013.
The group added that while extremist groups in crisis-ridden regions have been behind a good numbers of these injustice meted on journalists, in certain cases, government officials, even the allied forces with the United States of America are culpable. “Back home in Nigeria, we are hitherto ranked among socially responsible media in the world, yet our leadership has failed to address problems bedeviling the media industry, one of which is poor welfare package.
Journalists in Nigeria, according to facts, are among the worst remunerated in the world, most journalists live on the gratifications they receive from people, which is seen as unethical. They are not paid wages by their employers”.
In the area of attacks on Nigerian journalists, we say thanks to God for making democracy to thrive after the many years of military rule in this country. The major problem with the Nigerian journalists is the constitution which failed to provide protection for the press, rather than section 36 which provided for freedom of the individual to receive and impart information without interference, and in a manner that is justifiable in a democratic society. Section 21 of the constitution gave the press, including radio and television and other agencies of the mass media the obligation of upholding “the fundamental objectives” of the constitution and to “uphold the responsibility and accountability of the government to the people”, it gave no special protection for press freedom in upholding the obligations.
In reality, government interference during the Shehu Shagari years was commonplace and several journalists lost their jobs for giving out stories considered unpalatable by the authorities. At the state and federal levels, government media was used to propagate only the views of those in power instead of serving the interests of the public as stipulated by the constitution. Much as the press and other media have a very vital function to perform in our democratic system of government uptill today, and even called the ‘court of public opinion’, there is nothing in our constitution to support the contention that they form the fourth arm of government . The right to freedom of expression under section 36 of the constitution is one which belongs to all who have to hold opinion, receive and impart ideas or disseminate information but stipulates no separate treatment to the press or mass media.
Compared to the military, the civilian government under Shehu Shagari was more subtle in its approach to control the mass media. Indeed, journalists in Nigeria witnessed an unfortunate era during the military reign when late Dele Giwa, Ray Ekpu, Dan Agbese and Yakubu Mohammed founded the Newswatch magazine in 1985 and in that same year, Dele Giwa was killed through a parcel bomb in his residence, and the publication was banned in 1987 for publishing details of the Political Bureau set up to articulate popular opinion on Nigeria’s political future. There had been a long list of media houses arbitrarily closed by the military authorities for publishing stories considered offensive while the arrest of journalists also became overly frequent.
Really, freedom of the press is better protected under a civilian government than a military regime. This is why the Freedom of Information Bill succeeded in becoming a low today. Although the FOI is yet to be fully operational, there is no doubt that Nigerians and journalists are protected under that law. Journalists are weary of the non-entrenchment of a clear protectional clause for the practice of their profession. It is, therefore, important at this moment of constitution review, to call on the National Assembly Committee on the 1999 Constitution Review to ensure that issues affecting the media and practitioners are entrenched in the proposed new constitution to enable them to carry out their statutory obligations of informing, entertaining and educating the people.
It is hoped that a new constitution will be drawn up for the next civilian dispensation which will give the mass media the obligation of upholding the fundamental objectives of the constitution and ensuring that the responsibility and accountability of the government to the people is uphold. The new constitution should guarantee freedom of expression for journalists, it should also give specific protection to the press to equate press freedom with freedom of expression for the individual. The press is equipped to collect, analyse and disseminate information to the public for the good of the general society, and is, therefore, better placed to vindicate the right of the people to know the activities of those in power, interprete and provide information to the public. An institution that is responsible for creating a bridge between the government and the people require certain specific guarantees in the constitution to ensure its effectiveness.
Freedom of the press should be clearly enshrined in the new constitution and this freedom should adequately guarantee to the press the right to receive and disseminate information and protect the source of such information. Any existing law that tends to unduly strangulate the freedom of the press should be reviewed, because the failure of the Nigerian constitution to specifically guarantee press freedom remains a source of anxiety for most journalists as they want the law that will abridge the freedom of speech or of the press. There is also need to give legal protection to journalists to guarantee the confidentiality of their sources in aid of freedom of information.
No matter the circumstances, journalists should be able to say no to the government and politicians when they go wrong, whatever the medium. As journalists, we should not at all times try to identify the interests of our owners and protect them through what we publish. Several factors inhibit press freedom and the free flow of information and some of these factors are induced by the legal framework under which the press operates and government’s extra-legal and arbitrary control of the press. The right of the press to seek, obtain and publish news and information without constraint should be specifically entrenched in the Nigerian Constitution.
All restrictive laws on the press should be expunged from the statute book while the freedom to information should be fully guaranteed. The National Assembly Committee on Constitution Review must ensure that all clauses restricting the free and independent practice of journalism are not included in the new constitution.
The press, whether privately or government-owned should be made free from political manipulations to permit independent and unhindered operation. Harassments, arrests and detention of journalists, including the arbitrary closure of media houses have had a very negative effect on press freedom in Nigeria, and has seriously affected the quality of the Nigerian press, especially in the nature of information provided to the public. There is the need for legal restraint on the government and security agencies to prevent their arbitrary interference, harassment and closure of media houses.
There should be specific constitutional provision forbidding the closure of media houses, while journalists accused of violating any criminal law should be treated in accordance with the due process of law this means prompt and fair trial before competent courts. There is no doubt that a system of information management that gives journalists access to official information will ultimately promote responsible journalism and put paid to rumour mongering and publication of unconfirmed or unsubstantiated reports. As Nigeria seeks to restructure and achieve a new constitution for its people, there is the need to promote openness and condemn secrecy in the conduct of all forms of official business.
The current state of press freedom in Nigeria falls very short of the standards set by the international bill of rights and the African Charter on Human and Peoples’ Rights. So, the time to redress this shortcoming for the government and people is now.
In view of these, the Nigeria Union of Journalists (NUJ), the Nigerian Press Council (NPC), Nigeria Guild of Editors (NGE) and the Broadcasting Association of Nigeria (BON) should see the welfare of journalists, dead or alive, as a priority and work with both government and media owners on how to effect a standard wage for the practitioners of journalism to live happy and good life, to put an end to all forms of unethical practices among members and ensure that a clear and absolute press freedom is entrenched in the new constitution and also enforced to the letter.
Shedie Okpara
Guest speaker, Edem Andah (right), speaking during a lecture on the importance of Freedom of Information Bill vis-a-vis Press Freedom for the Development of Democracy in Nigeria to mark World Press Freedom Day at the American Corner, Ibadan, recently..
From the fore going, the fight against drug trafficking should be treated as an international challenge with open collaboration, if the world leadership must win the fight!.
The circumstances or should I say the improvement on drug related activities are modifying and updating on daily basis. A close friend of mine in the United States of America who recently visited Jamaica, came with a lot of complicated information about drug trafficking and transaction. Being a qualified Nurse in US and on a visit to the Reggae Country (Jamaica), she said she was put aback when a man approached her and introduced himself as a Pharmacist. According to her, she immediately picked interest due to her professional background. To her, a business partner is birthed. But she was shocked to the narrows on learning that drug dealers or traffickers and subriquited Pharmacist in that Country. From her account, they ( The Jamaican Pharmacists), are the first set to people to meet and greet you at the Airport. No government or authority challenges them in the open due to the sophisticated nature of their transportation
Come to think of it, who would want to attack a Pharmacist on duty? Nigerians are not left out in the improvement on drug deal. A chat with a confident in the National Drug Law Enforcement Agency ( NDLEA) Rivers State Command, so revealed. The Officer draw my attention to the movement of Dispatch Riders. He said part of the reasons they ride with almost speed equivalent of the thunder lightning, is to meet up with the appointment of delivering hard drug consignment to a client of theirs. According to him, those guys popularly referred to as Yahoo Boys are the ones who now payroll dispatch riders so that they can deliver their consignment ( hard drugs) on schedule no matter the sort of traffic or weather condition. The fear of loosing rich clients and that of the unknown treatment that may come of the Boys, as the officer puts it, drives the Riders crazy thus the reason to speed even at the expense of their lives.
The account of a prominent Party Promoter, Wayne Anthony, as obtained online recently, also pointed out that ‘No Legislation Will Stop Clubbers From Doing Drugs’ Party promoter, Wayne Anthony, arrived in Ibiza, a Spanish Island in 1988, at the same time as dance music and the party drug ecstasy. Despite hallucinating badly enough to make him give up the lifestyle forever, he says laws will never stop clubbers taking drugs. “I don’t think you can control these things,” said former party promoter Wayne Anthony. He arrived in Ibiza in 1988 and began setting up club nights and raves in some of the island’s most iconic venues. In the years that followed, the sleepy Spanish island turned into a raver’s haven of clubbing and hedonism, with party drugs like ecstasy commonly found. “What Ibiza represented was this beautiful, hot island which was visually stunning and we knew you could party there quite legally,” said Wayne. “You didn’t have to look over your shoulder. You could just be as free as you possibly could be.”
That freedom came with a price. Along with the lavish clubs, all-day-benders and hot Spanish sun came drug cartels and crime. The city transformed into one the world’s most vibrant party capitals, “fuelled by a dangerous and lucrative drugs trade which drew as many criminals to its shores as it did party animals”. Wayne, one of the contributors to the documentary, spoke to Sky News ahead of its release.”I’m not going to sit here and say the cartels aren’t there. They are all there and they’ve been there from the ’90s,” said Wayne. But he said most people tried to ignore the organised crime going on around them. According to Wayne, clubbers usually took the approach of: “‘Give me 10 E’s . Behind the scenes of the filming of Ibiza Narcos with Wayne Anthony. Behind the scenes of the filming of Ibiza Narcos with Wayne Anthony. Hallucinating giant spiders Although he described the Balearic island as the “motherland”, it was eventually a bad experience with drugs that convinced Wayne it was time to leave Ibiza.
He’d been partying for days when he realised he’d taken too many drugs. A friend told him to drink cough medicine, dangerous advice that he now says could have killed him. “I saw the worst hallucination I’ve ever seen in all of my life. I ended up locking myself in the villa with all the shutters down. When he sobered up, he realised he had “come to the end” of his party life on the island. “I never looked back. I never took another drug. I got away from the club world.” ‘I don’t think you’re going to be able to stop it’ Despite his life-changing experience, he doesn’t think criminalising drugs is a good idea – or particularly effective. “If you’re old enough to vote for who’s going to be a world leader, if you’re old enough to put your name down on debt for 25 years, I feel like you should be old enough to govern what you put inside your own body, you know?” said Wayne.
Back to Nigeria, some illicit drugs worth over N30billion seized at Onne Port in Rivers State.
This blood chilling development forced the Federal Government to declare a state of emergency at the Onne Port, following what authorities described as repeated incidents of importation of dangerous cargo, including arms and ammunition through the said port. To this effect, the government said it was immediately implementing emergency protocols at Onne Port for the next three months by conducting thorough examinations of all suspected containers in the premises.
The Comptroller-General of Customs, Bashir Adeniyi, in charge of the port via a press conference, said it henceforth, unveiled the seizures of illicit goods by the Nigeria Customs Service, Area 2 Command, Onne in Eleme Local Government Area of Rivers State. In defence for his action, Adeniyi said the recurring incidents posed a threat to national security, adding that the health of citizens at the Onne Port is increasingly being used as a destination for dangerous and illicit cargo, describing it as a disturbing trend.
The customs boss stated, “Earlier today, I joined numerous stakeholders to take a significant step towards the cause of trade facilitation through the inauguration of upgraded facilities provided by the West Africa Container Terminal, Onne. “As I express delight that trade facilitation is getting traction in Onne Port, I cannot help but call your attention to a grave concern. This has to do with the repeated incidents of national security breaches unfolding in Onne Port. I appreciate your presence, as we all have a shared responsibility in safeguarding our national security. As we are all aware, the policy thrust of Mr President supports the re-energising of our business environment to drive faster import clearance and grow our capacity for exports, Our emphasis has been to promote initiatives that speak to Trade facilitation and economic development. “It is a matter of regret that criminal elements in the international supply chain are exploiting our pro-trade stance to commit atrocities bordering on national security breaches”.
“The attempts to test our will through the importation of dangerous cargo through this port has necessitated the declaration of a state of emergency in Onne Port, coming on the heels of a seizure of a huge cache of arms a couple of months ago. It is disheartening that perpetrators have not backed down on their illegal acts. Recent intelligence and seizures have revealed a disturbing trend; Onne Port is increasingly being used as a destination for dangerous and illicit cargo. The scale and nature of these illegal importations pose a significant threat to our national security and the health of our citizens. Today, we are here to showcase yet another series of significant seizures made by the diligent officers of the Area 2 Command. On display are twelve containers of illicit goods intercepted through a combination of intelligence gathering, inter-agency collaboration, and meticulous physical examination. Seizures on Display include: Three (3) x 40-feet containers: Containing 562,600 bottles of 100ml cough syrup with codeine and 3,150 pieces of chilly cutters, with a Paid Duty Value (DPV) of N4,716,573,846.
“Others are, three x 40-feet containers containing 380,000 bottles of 100ml cough syrup with codeine, 24,480,000 tablets of Royal Tramadol Hydrochloride, 5,350,000 tablets of Tapentadol and Carisoprodol, and other items, with a DPV of N17,432,506,000 were seized”.
According to the report, more seized items were, “Five (5) x 40-feet containers; Containing 892,400 bottles of 100ml cough syrup with codeine, 1,300,000 tablets of 50mg Really Extra Diclofenac, 7,250,000 tablets of 5mg Trodol Benzhexol, and other items, with a DPV of N8, 128,568,295,90. This very action of the Nigeria Customs Service, further complicated the hope of how soon the fight against drug trafficking could be brought to a halt owing to its high profile nature.
Another hair-raising report of the illicit drug deal has it that when NDLEA bursted a Snake-Guarded Shrine Used For Storing Illicit Drugs sometime ago in Edo State. This very news report was published in The Tide Newspaper on June 24, 2024. According to the report, NDLEA said its operatives uncovered a shrine, guarded by a snake, being used for storing illicit drugs, during an operation in Edo State. The Agency in a statement by its spokesperson, Femi Babafemi, added that its operatives discovered a specially constructed large hole in a wall, hidden behind wallpapers and fetish objects used for drug storage. It further noted that methamphetamine, Loud, Colorado and Arizona, all strong strains of cannabis with a total weight of 8.743kg among others, were recovered from the shrine.
To be cont’d
King Onunwor
The persistent clash between farmers and herders in Nigeria has been a longstanding issue. These conflicts, often, over resources like land and water, have led to loss of lives, destruction of property, displacement of large numbers of people, deep-seated mistrust between communities and insecurity. Herders, traditionally nomadic, move their livestock in search of grazing land and water. Farmers, on the other hand, require the same resources for their crops. This competition often leads to clashes, especially in areas where land is becoming increasingly scarce due to population growth, climate change, and environmental degradation. As these clashes intensify, there has been a growing call for sustainable solutions. Two weeks ago, President Bola Tinubu took a bold step towards tackling the issue by inaugurating the Presidential Committee on Implementation of Livestock Reforms and creating the Ministry of Livestock Development.
The committee which has the president as the chairman and the former Chairman of the Independent National Electoral Commission (INEC), Professor Attahiru Jega as the deputy chairman has the mandate to address obstacles to agricultural productivity and open up new opportunities which benefit farmers, herders, processors, and distributors in the livestock-farming value chain as well as propose recommendations aimed at fostering a peaceful co-existence between herders and farmers, ensuring the security and economic well-being of Nigerians.The establishment of the Ministry of Livestock Development was part of the recommendations of the National Livestock Reforms Committee. Part of the 21 recommendations submitted to the president include: “This agenda should include the establishment and resuscitation of grazing reserves as suggested by many experts and well-meaning Nigerians and other methods of land utilisation.
“Create the Ministry of Livestock Resources in line with practice in many other West African countries. In the alternative, Federal and State Governments should expand the scope of existing Departments of Livestock Production to address the broader needs of the industry,” among others. Experts in the agricultural sector have posited that the livestock industry can create millions of jobs directly in farming, processing, and distribution, and indirectly in related sectors like feed production, veterinary services, and marketing. It provides livelihoods for rural populations, helping to reduce poverty and improve the quality of life in rural areas. It also increases the Gross Domestic Product (GDP) and foreign exchange earnings through the exports of livestock and livestock products such as meat, dairy, wool and leather.
According to them, a well-funded livestock industry supports the growth of agro-processing sectors, such as meat packing, dairy processing, and leather manufacturing, adds value to raw products and creates additional economic activity as well as stimulates the development of supply chains, including logistics, packaging, and retail, contributing to broader economic growth. It enhances economic resilience by diversifying the agricultural sector and providing a buffer against crop failures or other agricultural shocks and many more. Some other agriculturists have also opined that the livestock industry in Nigeria is currently underdeveloped and that by the creation of the ministry of livestock development will open up the industry which will be a huge money spinner for Nigeria.
Reports have shown that a Livestock Ministry can play a pivotal role in mitigating conflicts between farmers and herders by implementing policies and programmes aimed at fostering coexistence and sustainable resource management. The Ministry can work towards clearly demarcating grazing routes and farming areas. This would reduce instances of trespassing and accidental crop destruction, a common flashpoint for conflict. While introducing rotational grazing systems can ensure that land is used sustainably, preventing overgrazing and land degradation, establishing water points and boreholes specifically for livestock can reduce competition for water resources. Similarly, promoting the development of pasturelands through reseeding and controlled burns can improve grazing conditions.
According to a veterinary doctor, Dr Andrew Obadiah, by providing training for herders on sustainable livestock practices and for farmers on conflict resolution, both parties can understand the importance of coexistence. He said that extension services of the ministry can offer advice on improving livestock health and productivity, reducing the need for large herds and extensive grazing. “Setting up local committees involving both farmers and herders to mediate disputes can provide a platform for dialogue and peaceful resolution. Encouraging community-based conflict early warning systems can help prevent clashes before they escalate”, he emphasised.For Mrs. Stella Ugwu, a farmer, having a ministry dedicated to the development of the livestock industry can help in diversifying income sources for both farmers and herders and in turn reduce dependence on land.
”For instance, promoting agro-pastoralism can provide farmers with livestock and herders with agricultural produce”, she explained, adding that providing incentives for adopting sustainable practices, such as subsidies for fodder production or crop insurance, can ease economic pressures. Ugwu was however of the opinion that the creation of a new ministry to handle livestock affairs was uncalled for, since the job can effectively be done by the Technical and Service Department of the Federal Ministry of Agriculture and food security and its equivalent on the states level.In some countries, the establishment of a Livestock Ministry or similar bodies has shown promising results. For example, Ethiopia’s Ministry of Agriculture includes a dedicated department for livestock which has successfully implemented programmes to improve pastoral livelihoods and reduce conflicts.
In Kenya, the establishment of the National Drought Management Authority has helped manage resources better, thus reducing clashes between herders and farmers during dry seasons.The president of Miyetti Allah Cattle Breeders Association of Nigeria (MACBAN), Othman Ngelzarma, sees the Ministry of Livestock Development achieving the same feat for Nigeria in the near future. He told newsmen that, “MACBAN expresses its deepest appreciation to the Federal Government for creating a ministry of livestock to unlock the trillion-naira livestock economy and create qualitative and productive jobs across the value chain to improve the Nigerian economy. With this development, MACBAN believes the hope of the Nigerian pastoralists is now achieved under the Renewed Hope Agenda.
However, the Middle Belt Forum took a different view of the proposed Ministry of Livestock Development, saying it was not enough to sustainably resolve the decades-long farmers-herders crisis in the country. According to the National President of the association, Mr. Bitrus Pogu, what is needed to end the perennial farmers/herders clashes is a deliberate action by regulatory bodies and the government to stop criminal elements from carrying out deadly attacks on innocent Nigerians, mainly farmers. Hear him: “If the reason for creating the Ministry is to stop clashes, I think it is wrong because all of these attacks and killings that are happening have nothing to do with conflicts between farmers and herders. “Farmers have never connived at any given time to go and attack herders, but rather, criminals who happen to be Fulani gang up and attack farmers, kill, maim and chase them out of their ancestral homes.
“Then, the Fulani will come and occupy them. So, it is more about invasion, criminality, and terrorism. And the majority of those they hire to do these evils are not even those who have cattle. So, a deliberate action has to be taken by the government against the perpetrators, which will address the criminality.” Mr. Pogu suggested that the government should adopt ranching for productivity and enduring peace between the pastoralists and farmers in particular and the entire country in general.While the establishment of a Livestock Ministry presents a viable solution, it is not without challenges. Funding constraints, bureaucratic inefficiencies, and corruption can hamper its effectiveness. Additionally, deeply ingrained cultural practices and mistrust between farmers and herders can be difficult to overcome.
Critics argue that without a holistic approach that includes land reform, climate change adaptation, and broader economic development, a Livestock Ministry alone may not be sufficient. Therefore, it must work in tandem with other governmental and non-governmental bodies to ensure comprehensive solutions. “A dedicated Livestock Ministry, with its focus on sustainable resource management, conflict resolution, and economic incentives, offers a promising avenue to address the root causes of these clashes. However, its success depends on effective implementation, adequate funding, and the cooperation of all stakeholders involved. With the right strategies and commitment, devoid of any political or selfish interest, it can play a crucial role in fostering peace and prosperity in affected regions”, they advised.
Calista Ezeaku