By Chekwube Nzomiwu
If there is one institution that Nigerians should watch very closely under the current dispensation, it is the Senate, under the leadership of the Senate President, His Excellency, Senator Godswill Akpabio, CON. Since its inauguration on June 13, 2023, this 10th Senate has never hidden its “zero tolerance” for dissenting opinion.
I will not delve into the suspension of Senator Abdul Ningi over the budget padding saga because events have overtaken it. Even the victim accepted his fate, judging by his words the day he returned to the Senate that “it is time to move on.” Before returning to the Red Chamber, Ningi, who represents Bauchi Central senatorial district, served 75 days out of his 90-day suspension from all activities relating to the Senate of the Federal Republic of Nigeria.
Besides the Ningi saga, early in May, the media reported that the Senate barred over 10 television stations and photojournalists from covering plenary, reducing the number of accredited stations to seven. This development was attributed to failure in ironing out issues between the Senate Press Corps and the Clerk of the Senate, relating to the coverage of the proceedings of the upper house.
Even those accredited to cover the proceedings were not spared. Recently, the senators passed a resolution inviting a journalist with The Guardian to appear before its Committee on Ethics and Privileges over a report on alleged plans by the upper legislative chamber to approve the purchase of a new aircraft for the President. This resolution is a clear infringement on the freedom of the press in all ramifications.
Press freedom is guaranteed in Section 22 of the 1999 Constitution of Nigeria (as amended). This section contained in Chapter II of the Constitution, under Fundamental Objectives and Directive Principles of State Policy, says: “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 and uphold the responsibility and accountability of the government to the people.”
Ironically, our “distinguished” senators are now disregarding the same Constitution, which they swore to uphold, by attempting to muscle the media. The press is the voice of those who cannot be heard. It is the watchdog of society. It protects human rights, curbs corruption and other forms of abuse of power, and promotes transparency and accountability in government.
Without press freedom, you cannot have a healthy democracy. The press is often referred to as the Fourth Estate of the Realm. Traditionally, they have the role of informing, educating and informing the public. The advent of digital technology has created more roles for the media in society, including surveillance and mobilization.
The media must, therefore, perform the responsibilities constitutionally assigned to them without any encumbrances, just like the senators and other legislators enjoy legislative immunity in the course of the discharge of their duties.
Nigeria is not the only country where press freedom is constitutionally guaranteed. In the United States, which Nigeria claims to be emulating, press freedom is protected by the First Amendment of the Constitution.
Quite frankly, I don’t doubt the power of the Senate to direct or cause an inquiry into the conduct of any person, authority, ministry or agency of the Federal Government. Section 88 (1) and (2) of the Constitution empowers them to do so. Section 22 of the same Constitution guarantees the freedom of the press. The Constitution is the grundnorm. I don’t think it is right to put Section 22 in abeyance to enable the senators to exercise their power in Section 88 (1) and (2), when the Constitution did not say so.
Former President of the United States of America, Donald Trump, has been convicted of felony. But he is still running for the presidency because the American Constitution does not preclude a felon from contesting election for the most powerful office in the world. Of course, the drafters of the American Constitution never anticipated that such a situation would ever arise.
Therefore, the resolution of the Nigerian Senate inviting The Guardian’s reporter to come and disclose the source of his information is not only unconstitutional but tantamount to trampling on the media. A journalist is duty-bound to protect the source of his information.
Legendary journalists, Bob Woodward and Carl Bernstein, used anonymous sources who they referred to as “Deep Throat” to uncover the “Watergate Scandal.” That scandal led to the resignation of Richard Nixon as the President of United States in 1974. It was the first time an American President resigned from office. Three decades after, Deep Throat (the informant) turned out to be Mark Felt, a deputy director of the FBI in the 1970s.
Returning home, if Nigerian senators felt offended by the report of The Guardian’s journalist, there are proper channels they ought to have taken to seek redress. For instance, I am aware that the Nigerian Press Organisation (NPO) recently kick-started the new ombudsman mechanism, comprising a nine-man board of the Nigeria Media Complaints Commission (NMCC), otherwise known as the national ombudsman.
The NPO comprises the Newspaper Proprietors Association of Nigeria (NPAN), the Nigeria Guild of Editors (NGE) and the Nigeria Union of Journalists (NUJ). The duty of the ombudsman is to strengthen public confidence in the media through prompt resolution of issues bordering on ethical breaches in media content. The membership was drawn from the media, bar, the academia and the civil society.
If the senators do not want to approach the ombudsman, they can go to the Nigeria Press Council (NPC). Any member of the public (group or organisation) can take a journalist or media organisation to the NPC over a factually incorrect report or conduct that violates the ethics of the profession.
In the worst-case scenario, the senators can go to court individually or as a group to seek redress for whatever damage(s) that the said news report must have done to their reputation. Quoting distinguished Senior Advocate of Nigeria (SAN), Professor Itse Sagay, “The Senate cannot be accuser, prosecutor and judge in its own case.”
Clearly, the 10th Senate overreached its power by inviting the journalist before its Committee on Ethics and Privileges. Journalists must perform their duty of informing Nigerians. Information is the oxygen of democracy. Previous Senates, such as the 7th Senate led by David Mark did so much to improve access to information. One of the legacies of that Senate is the Freedom of Information (FOI Act) Act, which it jointly passed with the House of Representatives in May 2011. The Act immediately received presidential assent early in June 2011.
The Akpabio led Senate should be careful not to portray itself as taking the country centuries backwards. The action of the Senate reminded me of the story of the arrest of a reporter for New York Herald, John Nugent in 1848 by the United States Senate for publishing the secret treaty ending America’s war with Mexico. The journalist spent one month in confinement in one of the Senate’s committee rooms under the custody of a kind and sympathetic Sergeant-at-Arms and yet, refused to disclose the source of his information. Sensing possible humiliation, the Senate investigators claimed that they released the journalists to save his failing health.
In conclusion, journalists are duty bound to protect their sources. Harassing or bullying a journalist to disclose his source of information threatens the core ethical principles of journalism. The protection of information sources guarantees greater quality journalism and accordingly, benefits public interest and that of the source of information. A source may be exposed to economic, social, political or physical reprisals if given away.
I therefore call on the Senate to quickly withdraw the invitation of The Guardian Journalist. Nigeria is currently facing a myriad of challenges, security and economic wise. We expect the 10th Senate to courageously confront these challenges. A man whose house is on fire, does not chase rats.
• Nzomiwu wrote from Awka, Anambra State.