PRESS FREEDOM IN NIGERIA: RUNDOWN FROM 1960-2012

Chima Ekuma

Introduction

Freedom is the right or ability to think, act, speak or write without

interference. Press freedom is the ability of the mass media to operate without
the interference of the government. It has been acclaimed that modern mass
media is said to be ‘too poor’ to buy the ‘too expensive’ absolute freedom. That is
why professor S.I. Ndolo said that press freedom is “legality in antiquity”.
Legality in antiquity in the sense that, it was only in the 17th century, when
Libertarian theory existed that absolute freedom was envisaged. According to
John Milton, “If we silence an opinion, for all we know we are silencing the truth,
a wrong opinion may contain a grain of truth which will lead to finding the whole
truth”

Nigeria is said to be too poor to buy absolute press freedom. However,

Nigeria is too rich not to buy a bit of press freedom. The sailing of Nigeria ship in

politics from Colonial era have been in conjunction with some people who can be

described as the Nation builder because of the role they have played in Nigeria

political development among whom is the Press. Who make good use of their

institution to contribute immensely to development of Nigeria despite the fact that

the political arena is unfriendly to them. The Press which is the bone of

contention here makes judicious use of the institution to enhance nationalist

struggle which later extend to different dispensation that we have been as well as
different military era and currently democratic dispensation of ours which as a

matter of fact; not a Child play. Men of the press were humiliated and victimized

which even worst during Military era with slighted differentiation during Civilian

era. Despite the above, the institution and its men were determined, as a result of

which they faced the different challenges created by the political arena which

make them to deserve our kudos. It is undisputable fact that given kudos to men

of the press and the institution at large does not mean that 100% success were

recorded by them because of the imperfect nature Nigeria government coupled

with the presence of some Shaft among them but determined members among

them make it necessary.

The main focus of this work is, examination of press freedom in different

administrative era of government from 1960-date. Comparing and contracting the

differences in the level of press freedom among these administrations.

PARLIAMENTARY/ FIRST REPUBLICAN ERA

Politicians gradually employed the press as a strain of ethnical affiliation

and avenue for negotiating power and as a matter of fact the Pilot which is non-

ethnical then began to participate in ethnic politics to the extent of supporting one

candidate against the other and the then practicing regionalization increased the

level of partisanship of the Nigerian Press. The attainment of Independence

status in 1960 coincident with the reshaping of the Nigerian press in the sense
that most of the Proprietors of the then available Newspapers were Politicians

during colonial era and as well saw the presence of the Press as an instrument of

acquiring their different aspired office to the extent that those who did not have

any print media were motivated to established their own and as a matter of fact

those papers were serving their proprietors’ interest based on an adage which

say: “who pays the piper calls the tune”. Corroborating this, Reuben Abati {1998}

stated thus:

At every moment in Nigeria history, the press has been in the

forefront, manning the barricades. The centrality to the issues
of the day and lives of the people has brought the Nigerian
press much travail. From colonial times, it has been treated
as a major tool of power. Opposing power centers which feel
threaten by its dynamism invariably seek to control the press
through several means in which politicians latter result to
misuse of mass media to achieve their selfish desire.

AGUIYI IRONSI

The intervention of the revolutionary {military} government of General

Aguiyi- Ironsi in 1966 which were welcomed initially based on the disappointment

experience by the people from the then Politicians who made sumptuous

promises during Nationalist struggle which its fulfillment appeared to the contrary;

laid the worst foundation for oppressing the press. Though the government did

not last, the press felt what it would have been if it lasted.
YAKUBU GOWON

General Yakubu Gowon who succeeded General Aguiyi-Ironsi in his

contribution to this oppression promulgated the Emergency Decree of 1966

which made arrest and detention of Citizens without warrant lawful and also

empowered the Inspector General of Police and other Officers of the same or

higher rank to search any Newspaper Office or Premises in Nigeria without

warrant or notice; based on which, Daily Times office {Weekend Times} was

searched by the Police in 1968. The Decree was criticized by Nigerians amongst

who is Alhaji Lateef Jakande (1974) who observed that the Army’s Emergency

Decree of 1966 was sufficient to turn the Nigerian Press into a captive press.

The administration also proceeded in 1967 to promulgate another Decree

titled the Newspaper Prohibition of Circulation Decree 1967 which empowered

the Head of Federal Military Government to restrict from circulation of any

newspaper in Nigeria where he satisfied that it is detrimental to the interest of the

federation or any State thereof within the federation which may subsist within 12

months unless restricted or extended by the Head of State as the case may be.

Refusal to comply entitled such journalist to 6 months imprisonment and or N500

fine. As if this was not enough, Trade Disputes {Emergency Provision}

Amendment Decree No 53 of 1969 was also promulgated which made it an

offence for any person to publish in a newspaper, television or radio or by any

means of mass communication, any matter which by reason of dramatization or

other deflects in the manner of its presentation was likely to cause public alarm

or industrial unrest.

Perusing these Decrees carefully, it will be discovered that the major

motive of this administration was to shut men of the press up from discharging

their primary role as watchdog and vanguard of nation’s building as well as

ensuring and diverting their mind from these roles they have been playing in

government since the colonial era that have agitated commentator like Williams

Hachten {1976} to praise pre-1965 Nigerian Press thus: the best example of

libertarian press in Africa have been ebullient and iconoclastic newspaper of

Nigeria before 1965 … . Part of the humiliation and oppression experienced by

men of the Press is what happened to Minere Amakiri the Chief Correspondent

of the Nigerian Observer in Rivers State who was subjected to the notorious

three-tier style of punishment: the shaving of his hair with an old rusty razor

blade, stripping him in full obscene nakedness and the infliction of 24 strokes of

the cane on his back by Military Officers, under the supervision of Ralph Michael

Iwowari, who was then an Assistant Superintendent of Police and the Aide-de-

camp to the then Rivers State Governor’. Commander Alfred Diete-Spiff. The fact

is that on the 28th July 1973, a press conference was held by the Nigerian Union

of Teachers, Port Harcourt State Chapter which ventilates grievances. She had

with the Government of Rivers State. Its publication coincide with the 31st
birthday of the then Governor of Rivers State, Commander Alfred Diete-Spiff .

This resulted to the Amakiri’s experience.

MURITALA MOHAMMED/ OLUSEGUN OBASANJO’S REGIME

Unfortunately, General Muritala Mohammed/General Olusegun Obasanjo’s

administration brought General Yakubu Gowon’s Administration to an end

around July 1975 and the most interesting fact about this administration is that

instead of departing from his predecessor’s behaviour, contrary is the case as a

result of which New Breed Magazine was prohibited from circulation around July

1978 in accordance with Newspaper Prohibition from Circulation Decree 1967.

The administration further promulgated a Decree on 8th April 1979 titled the

Newspaper Public Official Report Decree which provided that any person who

published or reproduces in any form whether written or otherwise; any statement,

rumour or report alleging that a public officer has in any manner been engaged in

corrupt practices or has in any manner corruptly enriched himself or any other

person being a statement, rumour or report which is false in any material

particular, shall be guilty of an offence and be liable on conviction to

imprisonment for a term not exceeding 2 years without option of fine.

Despite the fact that the Decree appear unfair as well as unjust which

agitate some people to perceived it as totally onerous and sweeping among

whom is John Darton, the then Correspondent of New York Times in Lagos who
stated thus: “…The Nigerian Press is bristling under a new government Decree

that imposes several penalties if an accusation of corruption against a public

official is not correct in every detail”. Nigerians in general as well as men of the

press in particular accepted their fate. No wonder Alhaji Lateef Jakande the then

Managing Director of Nigeria Tribune observed that “… the decree would stifle

criticisms and offer protection to corrupt officers…. Suppose a reporter comes to

know that certain a Minister purchased a row of buildings {with public money} in a

particular street. If he {the reporter} prints that and it just happens that the

Minister used his wife’s name to disguise the purchase, the reporter would be

liable under this law…The only way is not to publish it at all”

SHEHU SHAGARI REGIME

However, General Muritala Mohammed/General Olusegun Obasanjo’s

administration actually responds to people’s civilian government clamoring on 1st

of October 1979 which result to the emergent of Alhaji Shehu Shagari led Civilian

Government that were subsequently brought to an end on 31st of December

1984 through coup d’état.

The transitional government tagged Second Republic which commenced

on 1st October 1979 changed the historical development of the Nigerian Press.

From this point and despite the fact that Nigerians expect the institution to have

learnt her lesson, the partisan politics peculiar to the Nigerian Press affect it
realization which was caused by political affiliation of the owner of the institution

that was finally brought to an end through coup d’état on 31st December 1983.

BUHARI MILITARY REGIME

General Buhari led Military Government. As customary to Nigeria Military

Government political culture, the administration introduced series of draconian

Decrees to curtail press and others who appeared as antagonists to Nigeria

Military Government’s desire. In 1984, Decree No 4 of 1984 orderwise known as

the Public Officers {Protection against False Accusation} Decree 1984 was

introduced. The Decree made it an offence for a Newspaper or any Wireless

Telegraphy Station in Nigeria to publish or transmit any message, rumour, report

or statement which is false in particular that any Public Officer has in any manner

corruptly enriched himself or any other person. The Decree also made any

person found guilty of this offence to be liable on conviction to imprisonment for a

term not exceeding two years without the option of fine. In the case of a

corporate body to a fine not less than N10, 000. Not only that, the Decree also

prohibited the circulation of any Newspaper that may be detrimental to the

interest of the federation or any part thereof as well as empowered the Federal

Military Government to revoke the license granted to such Wireless Telegraphy

Stations under the provision of the Wireless Telegraphy Act 1961 or order the

closure or forfeiture of such Newspaper to the Federal Military Government.

 It will interest you to note that the same Decree provides that where the

offence is committed by a Corporate Body, every person who at the time of the

commission of the offence was the Proprietor, Publisher, General Manager,

Editor, Secretary or other similar Officer of the Body Corporate or was purporting

to act in any such capacity shall be deem to be guilty of that offence unless he

proves that the offence was committed without his consent or connivance and he

had acted to prevent such an offence. The Guardian Newspaper was the first

and the last Newspaper to be caught by this trap as a result of which two

journalists Mrs. Nduka Irabor and Tunde Thompson were jailed and the paper

was ordered to pay N50, 000 as fine. The regime of General Buhari was brought

to an end on 27th of August 1985. General Ibrahim Babangida led administration

which in its inception released Messrs Tunde Thompson and Nduka Irabor that

was jailed during General Mohammed

BUHARI’S ADMINISTRATION.

The regime played on Nigerians’ intelligence initially, promised Nigerians in

general and Men of the Press in particular, peaceful political arena that will be

different from his predecessor’s and as a matter of fact acted contrary to his

declaration. No wonder Arthur Nzeribe {1990} posited as follows in respect of

Head of the Military Government: “I have a President nicknamed Maradona, who

has not done everything he said he would do and has done everything he said he

would not do. My President set out initially trying to be loved, by all and to please
all but end up being doubted by all for being unpredictable and contradictory…

He dribbles and jogs Nigerians better than Maradona does with football players

… a consummate soldier, leader, strategist, ruthless and selfish politician… an

opportunist in the political arena; … bold, fearless and full of enterprises. He is

cunning and foxy”.

Also Reuben Abati (1998) stated that Babangida administration which

assumed power in 1985 had begun on a populist note. It wooed the press by

pretending to undo the atrocities of the previous administration but within a year

Babangida and his men also began to censor the press.

The administration repealed Decree No 2 of 1984 and re-introduced

another Decree titled the State Security {Detention of Persons} Decree 2 1984

which was used to deal ruthlessly with the Press. The regime proscribed

Newswatch Magazine for Six months around 1985 and was alleged of been brain

behind assassination of its Editor – in-Chief, Mr. Dele Giwa in October 1986 via a

bomb parcel. Also the administration promulgated the Nigerian Press Council

Decree No. 85 of 1992 which established the Nigerian Press Council to deal with

complaints by members of the public against the conduct of Journalists in their

professional capacity. Also the administration on 9th April 1992 promulgated

another Decree targeting on Concord Newspapers called Concord Group of

Newspapers Publication {Proscription and Prohibition from circulation} Decree

No 14 1992 and as well restricted the intervention of Court in respect of any act
done in compliance with the Decree which was repealed on 11th May 1992

through promulgation of another Decree titled the Concord Group of Newspapers

Publication {Proscription and Prohibition from circulation}{Repeal} No 17 of 1992.

The administration also proscribed the publication as well as prohibit from

circulation the following Newspapers around 1993 Africa Concord Magazine,

Weekend Concord, Sunday Concord, National Concord, The Punch, Saturday

Punch, Sunday Punch, Daily Sketch, Sunday Sketch and Nigerian Observer.

ABACHA’S REGIME

It is interesting to note that despite all these, the worst and turbulent

experience was under General Sanni Abacha’s regime of 1994 to 1998 which did

not bother to woo or befriend Nigerian Press instead franked at the existence of

press and even by act held contrary opinion to Thomas Jefferson’s position that

where it is left to him to decide whether there should be a government without

newspaper or newspaper without government, he will prefer the latter.

The regime did not rely much on promulgation of any draconian Decrees to

attack the press, instead Journalist were being alleged of conspiring in the

execution of coup and subsequently jailed, newsprint were been seized in port,

newspaper houses were proscribed, vendors of enemy publications were

harassed, newspaper proprietors were attacked, publications were proscribed,

fake publications became popular which were extended to electronic media.

 It is very interesting at this stage to note that some Journalists were

implicated and secretly tried along with General Olusegun Obasanjo and his

Erstwhile Deputy; Late General Shehu Yar 'Adua with some serving and retired

Military Officers to have conspired in plotting 1995 phantom coup and

subsequently sentenced to life imprisonment which were latter commuted to 15

years imprisonment each by General Abdulsalam Abubakar’s regime. The

affected Journalist were Kunle Ajibade the then Editor of TheNEWS magazine,

Ben Charles Obi former Editor of the Defunct Classique magazine, George Mbah

a Senior Assistant Editor with TELL magazine and Chris Anyanwu former

Publisher and Editor-in-Chief of the defunct The Sunday Magazine (TSM) which

were later extended to Niran Malaolu former Editor of The Diet Newspaper in

1997 phantom coup. These experiences reached some extent that men of the

Press were feel treating which is even made publicly known.

ABDULSALAMI ABUBAKAR

The sudden death of General Sanni Abacha brought his government to an

end which resulted in General Abdulsalam Abubakar led administration. This

government is just slightly different from his predecessors but proscribed

Guardian Newspaper and Guardian Weekly Magazine on 14th August 1994

through Decree No. 8 of 1994 14 and despite the above fact, fair enough if

compared to General Sanni Abacha’s administration. The administration

amended the Nigerian Press Council Decree No. 85 of 1992 few days to the end

of the government.

The new Decree titled the Nigerian Press Council (Amendment) Decree

No. 60 of 1999 empowered the Council to be in-charge of registration of

journalists and newspapers as well as magazines annually which also provides

for the imposition of heavy sanctions on the proprietors and publishers of any

newspaper and magazine which fail to register in accordance with the provisions

of the Decree. The Decree in contradiction to Section 7 of the formal Decree by

providing that the Council shall adopt “the Code of Conduct of the Nigerian Union

of Journalists to guide the Press and Journalists in the performance of their

duties” and empower the Council to require the Nigerian Union of Journalist to

provide the "Code of Professional and Ethical Conduct" which shall subject to the

approval of the Council. It implies that the Council will no longer adopt the

existing Code of Conduct for journalists but only a Code of Professional and

Ethical Conduct approved by it will be recognized. But the indelible footprint

associated with this regime is that the regime actually responds to civilian

government transitional demands on 1st May 1999 and as a matter of fact

increases the people’s hope on free press in our Political Arena.

OBASANJO REGIME

Instead of the succeeding democratic regime to depart from humiliating

and oppressing men of the Press and as well conferred freedom of expression

and information on the press without constraint contrary is the case, some

Journalists experience in 2000 must not be left out namely Nnamdi Onyeuma,

Emmanuel Okike-Ogah, Ogbonaya Okorie, Ademola Adegbamigbe and Igha

Oghole Also Fidelis Mbah {the Local Correspondent of British Broadcasting

Corporation (BBC) as well as Tade Oludayo of Silverbird Television and Rhythm

FM radio were arrested and detained in Ibadan the Capital City of Oyo State on

January 10 2008 simply for taking photographs of a controversial statue of an

“Unknown Soldier” erected to replace the statue of Chief Obafemi Awolowo by

the Oyo State Government in a public place. To worst the situation, Nigeria

government were still allowing some laws that constitute threat to freedom of

press among others to be in existence and as a matter of fact some of them are

not directly aimed at the media, but which because of their sweeping nature,

posed a threat to media practice and efforts calling for media law reforms that

would solve this were neglected instead the government were feeling threaten.

The freedom of information bill (FOI) was introduced to the national

assembly in 2003, but the government of Obasanjo frustrated the bill till the end

of his tenure.
YARADUA’S REGIME

Later on, the government of Yaradu’a took steps in turning around the

fortune of Nigeria press. A Committee was constituted with the mandate of

suggesting recommendations for a possible review of the Nigeria Press Council

Act that brought about The Nigerian Press and Practice of Journalism Council Bill

2009 which was passed into law by the National Assembly .Funny enough, some

people have instituted action in their personal capacities and representation of

other members of the Newspapers Properties Association of Nigeria

(NPAN)challenging the constitutionality of the Nigeria Press Council Decree No.

85 of 1992 as amended by Nigerian Press Council (Amendment) Decree No. 60

of 1999 and seeking a declaration that in so far the Nigerian Press Council

Decree No. 85 of 1992 and the Nigerian Press Council (Amendment) Decree No.

60 of 1999 now Nigerian Press Council Act Cap N128, Laws of Federation of

Nigeria 2004 are inconsistent with Section 4(2) (4) (a) and (b) of the 1999

Constitution; it is null and void ; in which the case was decided by Federal High

Court sitting in Lagos in favour of NPAN in which the other Party will still appeal.

In responds to people’s demand for a free press.

JORNATHAN GOODLUCK ADMINISTRATION

The freedom of press is increasing day by day. The laws are become

more soft on press and the economic standard of the people is contributing to

freeier press.

The freedom of information bill was pass into law the incumbent

government. Today the Freedom of information bill had been passed into law It

should be noted that Freedom of Information Bill is not really focused on Press

but will make information freely available to Press in the same way it will

available to other people who may request for it. According to Chief Lateef

Jakande : The FOI bill or law will strengthen the profession because it will give

the journalists the backing they require to probe information, to acquire

information and to publish it.

CONCLUSION:

No wonder Reuben Abati {1998} stated that:Nigerian Press has faced several

challenges since 1960

but no challenges has been more of a problem than the menace of military rule

and threats to the freedom of the press and the capacity of the press to fulfill its

mission as the voice of the voiceless and defender of the oppressed . . . So

serious is Press censorship in Nigeria that between 1903 and 1998, there have
been 29 anti press legislation in the books. No other industry has been

confronted with such a degree of official antagonism.

It must be noted that over ambition of our political Leaders also contribute

to this problem at this stage of our political arena as a result of which men of the

press were humiliated, victimized and mal-treated while some were even

assassinated courtesy of political crisis because it is very clear that whatever

presumed by them to have been hid were at the finger tip of the press. And what

appear as most recent challenging to Men of the Press is kidnapping that were

extend to them among others.

Section 22 of the 1999 Constitution of Federal Republic of Nigeria provides

that the press, radio, television and other agencies of the mass media shall at all

times be free to uphold the fundamental objective contained in the Constitution

A Bill titled Freedom of Information {FOI} Bill was introduced to House of

Representative in 2003 as a private member Bill which did not see light of the

day as President Olusegun Obasanjo regime eventually ended in 2007 without

passing it into law and resulted to the emergent of President Umaru Musa Yar’

Adua led government which is expected to perform better on it instead only have

a landmark step through given hope that it will become law but after the House of

Representative pass it unto law, it takes House of Senate 2 years to complete

deliberation on it and at the end of the day was struckout.

 The sudden death of President Yar’ Adua led to his succession by

President Goodluck Jonathan led government who have also have an impact as

far as passage of Freedom of Information Bill into law.

The Nigeria government especially the military government promulgated

many decrees negating, inhibiting and discouraging freedom of the press. The

civilian government has not leaved up to the expectation but a better tomorrow is

hoped for.
REFERENCES

A. A. Yahaya, (1990) “The Press”, Quarterly Journal of Administrator

Arthur Nzeribe, (1990) “Nigeria, Seven years after Shehu Shagari – Who Next?”
Kilimanjaro Publishing House,London,

Chris W. Ogbondah, (1992) “British Colonial Authoritarianism, African Military

Dictatorship and the Nigerian Press”

Daily Sun Newspaper, 7 September 2009, p. 18

Ese Malemi, (1999) “Mass Media Law” Princeton Publishing Company, Ikeja
Lagos,

Hachten A. William, (1976) “Muffled Drum” Lowa State University Press,

Jakande L. K, (1974) “the Role of the Mass Media in a Developing Nation”

University of Ife, Faculty of Arts Series

Major-General J. J. Oluleye, (1985) “Military Leadership in Nigeria 1966 – 1979”

University Press Ltd., Ibadan,

Matthew H. Kukah, (1999) “Democracy and Civil Society in Nigeria” Spectrum

Books Ltd., Ibadan, Nigeria, Media Rights Agenda,

Reuben Abati, (1998) “Democratic struggle, freedom of expression and the

Press in Nigeria” Paper presented at the Human Rights Second National
Conference, Kano, Nigeria.