ABSTRACT
The study examines international best practices, press freedom and fundamental right in Nigeria: an appraisal (2017-2020).
Qualitative data of data collection was used in the study. In view of this, data were generated from secondary source materials. Data used in this research were sourced from relevant text materials. These include texts, journals, magazines, past project relating to this study, archives, publications of research work and internet. The content analysis method of data analysis was adopted in this research.
The results revealed; The laws guarantee the right of the press in Nigeria as fundamental to the ethics of the profession and international best practices; The press has continued to operate in dangerous environments without any sense of safety and freedom; The fundamental right to freedom of expression affects the freedom of the press in Nigeria.
The study concluded that, there are international best practices, non-press freedom and fundamental right in Nigeria. The study further recommended that; Attempts to compromise the Nigerians right of freedom should be persistently resisted by the Nigeria government; The government should work to international ethical standards and codes of conduct for journalists; There should be statutory backup in other not to hinder press freedom; Journalist should be allowed to have access to government sources and records so long as it will not bring chaos to the society in large; Government should recognises its obligation to ensure that all Nigerians should be given equal and meaningful opportunity to develop to their maximum potentials; Must improve the quality of life of all citizens; Must free the potential of every person in Nigeria; Must respect, protect, promote and fulfil all political, civil, social, economic and cultural rights.
CHAPTER ONE
INTRODUCTION
1.1 BACKGROUND OF THE STUDY
Press operations all over the world, and in Nigeria in particular, are essential to democratic constructiveness, good governance, active citizens’ participation in the political process, overall effective functioning of the governing system, and the entire nation-building. Nwakaego (2012) recognized press freedom as the internationally acclaimed indicator for measuring the degree of democratic or national development of a policy in the face of a nation building. Writing on the viability of the press, Hacket and Caroll (2006) said the press is constitutionally enshrined as the fourth estate of the realm to serve as the watchdog of the society against abuse of power, righter of wrong, a humbler of hubris and arrogance, an agent of positive social change that comfort the afflicted and afflict the comforted. Indeed, the press can be a vibrant and restive institution that provides platforms for power negotiations in public space. It sets the stage for public discourse on popular issues and enjoys a wide readership.
Despite the availability of diverse viewpoints from a remarkable abundance of press organizations in Nigeria, however, there have been several cases of press freedom violations in the country. Several press organizations in Nigeria lack complete freedom due to censorship, multiple power centres, and volatile political institutions. Part of the reason is that people in government often do not want a powerful press that could be a counterpoise to their exalted position. They would rather that the press be sycophantic so that their shortcomings are not brought to the public glare. Therefore, the position of this study is that government and the press are always at loggerheads that curbing press freedom is the panacea to the development of a nation forgetting that government accountability to the ruled is crucial in nation-building and development.
The right to freedom of expression is protected under the United Nations’ 1948 Universal Declaration of Human Rights and the various regional instruments and conventions on human rights, including the African Charter on Human and Peoples Rights. The Universal Declaration of Human Rights states: 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 formation and ideas through any media regardless of frontiers. This implies that 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 is an essential factor in any democratic environment. Freedom of the press is accorded 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. The press remains an invaluable tool in sharpening and deepening democracy. Therefore, it is expected that the press practice in line with the ethics of the profession, international best practices in ensuring more objective, investigative, informative, and educative journalism.
However, the questions surrounding the freedom of the press in Nigeria 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. 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 be distinct from the general freedom of expression remains unabated. In 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 position then begs the question of why has the press continued to operate in dangerous environments without any sense of safety and with fear of extra-judicial repercussions and great impunity despite the fundamental right to freedom of expression. This study aims to answer the question using a qualitative analysis of various related and relevant secondary information sources.
1.2 STATEMENT OF PROBLEM
It is unacceptable that, in Nigeria, dozens of journalists are physically attacked, arbitrarily imprisoned, and even murdered; those responsible for these crimes remain mostly unpunished. In spite of the general freedom of expression available to every citizen, threats, harassment, undue restrictions and political pressure against journalists are commonplace in recent times. According to the Amnesty International report, at least 19 journalists, bloggers, and media practitioners have been subject to attacks between January and September 2019. These range from physical attacks, verbal assaults, death threats, surveillance, and indiscriminate detention to pressure to reveal sources, mostly perpetrated by Nigerian security forces. A peak in press violations also occurred around the 2019 general elections (Civicus, 2019) and, recently, during the nationwide protest against police brutality that began in October 2020. The fear of the yet to be passed repressive laws on social media freedom is also apparent and governments have begun to crack down on Internet activity. Amid these violations, constitutional provisions for press freedom have not been fully enforced. The sustainability of Nigerian democracy is at stake in the absence of complete press freedom. A political scientist stated that ‘…democracy is not just about rights. It is equally about participation, interest representation, and contestation’ (Aiyede, 2000, p.17). Lack of full recognition for the press is a major political constraint and a constitutional aberration in Nigeria.
1.3 OBJECTIVES OF THE STUDY
The primary objective of this study is to appraise press freedom in Nigeria in line with international best practices and the fundamental right to freedom of expression and opinion. To achieve this goal, however, the following objectives shall be examined:
- To review the laws that guarantee the right of the press in Nigeria as fundamental to the ethics of the profession and international best practices.
- To examine why the press has continued to operate in dangerous environments without any sense of safety and freedom?
- To examine how the fundamental right to freedom of expression affects the freedom of the press in Nigeria.
1.4 RESEARCH QUESTIONS
- What laws guarantee the right of the press in Nigeria as fundamental to the ethics of the profession and international best practices?
- Why has the press continued to operate in dangerous environments without any sense of safety and freedom?
- How does the fundamental right to freedom of expression affect freedom of the press in Nigeria?
1.5 RESEARCH METHODOLOGY
The study adopts a qualitative research approach based on relevant primary and secondary information sources. For the primary information, the study will rely on interview responses from media experts and practitioners, as well as, legal practitioners (constitutional lawyers) in Nigeria. Findings from these interviewees will then be supported by secondary materials like journal articles, books, newspapers, and Internet sources.
1.6 SCOPE OF THE STUDY
Although issues of press violations date back to the military era in Nigeria, the scope of this study covers fundamental rights and press freedom from 2017 to 2020. Fundamental rights, in this context, imply a group of rights that have been recognized by the Nigerian Constitution as requiring a high degree of protection from government encroachment. However, this study will focus mainly on the fundamental right to freedom of expression. Apart from freedom of expression, we find freedom of speech, freedom of information, and freedom of religious expression, amongst others.
1.7 DEFINITION OF TERMS
Freedom of expression: refers to the ability of an individual or group of individuals to express their beliefs, thoughts, ideas, and emotions about different issues free from government censorship.
Press freedom: It tends to be a far more institutional concern than the freedom of expression. ‘Press freedom focuses its attention on the unrestrained liberty to write or publish information for the consumption of the public’ (Sambe and Ikoni, 2004, p.11).
Fundamental rights: are a group of rights that have been recognized by the Constitution as requiring a high degree of protection from government encroachment. These rights are specifically identified in Nigeria as the right to dignity, right to personal liberty, right to a fair hearing, right to privacy, right to freedom of thought, religion and conscience, and, of course, right to freedom of expression among others.
