Victory For The Media   

Published on August 2, 2010 by   ·   No Comments

Newspaper Proprietors Association of Nigeria, NPAN, defeats the Federal Government in court over the Nigerian Press Council Law

Chief Ajibola Ogunsola.

Another attempt by the Federal Government of Nigeria to put the media in a strait jacket and manipulate them like a mannequin has suffered a big setback. The Federal High Court, Lagos, has ruled that the Nigerian Press Council Decree No. 85 of 1992––as amended by the Nigeria Press Council (Amendment) Decree No. 60 of 1999––is unconstitutional, null and void. Presided over by  Justice A. M. Liman, the court ruled that the Act was oppressive, overbearing and grossly incompatible with civilised standard of society. For this reason, Liman granted the Nigerian publishers a perpetual injunction, restraining the National Assembly “from treating or continuing to treat the Nigerian Press Council Decree No. 85 of 1992 and the amended Nigerian Press Council (Amendment) Decree No. 60 of 1999 as existing laws deemed to be Acts of the National Assembly”.

Moreover, the court granted another  perpetual injunction which restrains the President, Attorney-General of the Federation and Minister of Justice, Minister of Information, “whether by themselves, their servants, agents and or representatives from implementing or otherwise giving effect in any manner whatsoever to provisions of the said Nigerian Press Council Decree No. 85 of 1992 and the Nigerian Press Council (Amendment) Decree No. 60 of 1999”.

This judgment came as a result of a suit filed in 1999 by Ismaila Isa, proprietor of The Democrat; Sam Amuka, Chairman, Vanguard; Ray Ekpu, Chief Executive Officer, Newswatch; Ajibola Ogunshola, Chairman, The Punch; Nduka Obaigbena, ThisDay and Lade Bonuola, of The Comet for themselves, their organisations and on behalf of other members of  NPAN, against the President, Attorney-General of the Federation, Minister of Information and the National Assembly.

The publishers went to court to safeguard two important sections of the Constitution (22 and 39) which the Nigerian Press Council Law would have rubbished. Section 39 states 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 and that every person shall be entitled to own, establish and operate any medium for the dissemination of information, ideas and opinions.

Also, Section 22 of the constitution states that the press, radio, television and other agencies of the mass media shall, at all times, be free to uphold the fundamental objectives contained in this Chapter (on Fundamental Objectives and Directive Principles of State Policy) and uphold the responsibility and accountability of the Government to the people.

The Nigerian Press Council Act, according to experts, would have given the government the power to, if it so wishes, strangle the media so much that it will not be able to perform these statutory roles. This is because, the law was essentially waxed to promote high professional standards for the Nigerian press and deal with complaints emanating from members of the public about the conduct of journalists in their professional capacity or complaint emanating from the press about the conduct of persons or organisation towards the press.

In fact, Section 3 of the law gives the council power to inquire into complaints about the conduct of the media, monitor their activities with a view to ensuring compliance with professional ethics. It is empowered to receive application from and document the print media and monitor their performance. Does the Federal Government or the National Assembly have the right to legislate on this matter, claiming section 4 (2), (4) a and b of the 1999 Constitution which confers on it the power to make laws for the peace, order and good government of the Federation, especially on any matter in the Concurrent Legislative List and any other matter with respect to which it is empowered to make laws?

According to Liman: “I must hold that the total effect of the Nigerian Press Council Act, especially sections 3, 9, 11, 12, 16, 17, 19, 20, 21, 22, 25, 30, 31, 32, 33, 35 and 36, constitute a bulwark against the free expression of opinion, ideas and views whether by individual journalists or by the press, and this in my view constitutes a gross violation of the right guaranteed under Section 39 of the constitution.”  Liman ruled that the Act has rather created an illicit ombudsman in the council, which will certainly be used to “define and tailor the editorial direction and policies of the media”. This, in his words, is “not the dream of our constitutional makers” for a country where free speech operates. “The laws that specifically deprive the limit of these rights of speech are quite handy, in specific instances, to deal with those who abuse the rights.” Liman said.

He maintained further that the Nigerian Press Council law set out not only to professionalise journalism practice, but also “to establish a regime on how the press in Nigeria was to conduct itself in the manner of performing its operations”.He said the law clearly had the potential to restrict the expression of opinion of individual members of the press, and on the other hand to stall the development of ideas that have universally characterised the development of ideas. In the words of Liman: “There is no doubt in my mind that the Nigerian Press Council Act CAP N128, is potentially censorial; clearly the Act is capable of being used to restrict the guaranteed right under Section 39 of the Cconstitution.”

This ruling, according to Gbenga Adefaye, President, Nigerian Guild of Editors, is the greatest victory for free press and the right to know in Nigeria. He added that the ruling had sent back “to the drawing board the attempt of those who had always wanted to put the press in chains. This is because they see the free press as a threat”.

—Ademola Adegbamigbe

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