The Role of the Press in an Ideal Democracy

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THE ROLE OF THE PRESS IN AN IDEAL DEMOCRACY1

Femi Aborisade

Labour Consultant and Attorney-At-Law

[email protected]

Introduction

This paper attempts to examine the role of the press in an ideal democracy. The paper establishes

that the press has a constitutionally-prescribed role to play in the governance process. The first

part of the paper defines the key concepts in the topic (Democracy and press). It goes ahead

to identify the role of the press under the Constitution. It analyses the socio-economic rights inChapter II of the Constitution, which the Constitution urges the press to promote. Next, it

identifies the pro-justiciability and the anti-justiciability schools of thought in relation to the

socio-economic rights. This is followed by a discussion of what the press should do to be able to

live up to its constitutional responsibility. The paper also gives some examples of the kinds of

agenda, around which advocacy may be built. In conclusion, the paper urges the Nigerian press

to commit itself to the principles of investigative journalism or journalism with a social

conscience and to take a stand in support of fundamental rights in opposition to tyrannical

tendencies.

DEFINITION OF KEY TERMS: Democracy, Press

Democracy

The term, democracy, is derived from two Greek words:

Demos, meaning people, and

Kratia, meaning rule

Democracy therefore literarily means rule by the people. It suggests a system of government that

is determined, inspired, nurtured and sustained by the decisions, desires, aspirations and hopes of

the majority. In other words, a democracy is a system of government that satisfies basic human

rights.

That is why the former US President, Abraham Lincoln (1809-1865) defined democracy as:

1Being text of lecture delivered by Femi Aborisade at the 2013 Annual Week of the Nigeria Union

of Journalists (NUJ) Broadcasting Corporation of Oyo State (BCOS) Ibadan Chapel on

Wednesday, 15 May 2013.

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Government of the people, by the people, for the people2.

PRESS

The eLook.org Online Dictionary3 explains that the word press is synonymous with the Fourth

Estate of the realm, which refers to journalists, newspaper writers, photographers, and so on. The

press therefore covers all media of mass communication. The eLook.org Online Dictionary also

states that the word press may alternatively mean to crusade, fight, campaign, push and

agitate. This suggests that the community of journalists tend to fight for a cause.

THE ROLE OF THE PRESS

Section 22 of the Constitution4 unequivocally, unambiguously and clearly spells out the role

of the press, as follows:

22. The press, radio, television and other agencies of the mass media shall at all times be free touphold the fundamental objectives contained in this Chapter and uphold the responsibility and

accountability of the Government to the people.

The Chapter referred to in S. 22 cited above is Chapter II, which is entitled Fundamental

Objectives and Directive Principles of State Policy.

In order for us to fully appreciate the role of the press therefore, we need to determine the

provisions of Chapter II of the Constitution.

WHAT ARE THE PROVISIONS OF CHAPTER II, CFRN, 1999?

Chapter II consists of 12 sections, from section 13 to section 24. Among others, it provides forthe following thirteen (13) key categories of rights, which by section 13 are to be observed andapplied by all authorities and persons who exercise legislative, executive or judicial powers:

Right to General welfare and security : the security and welfare of the people shall be

the primary purpose of government (S. 14(2)( (b);

Right to participatory governance system: participation by the people in their

government shall be ensured in accordance with the provisions of this Constitution (S.14(2)(c);

2http://www.democracy-building.info/definition-democracy.html (accessed 14/5/13).

3http://www.elook.org/dictionary/press.html (accessed 14/5/13). The First Estate refers to the

Lords Spiritual; Second Estate, the Lords Temporal, the nobility; the Third Estate, the Commons or the

Common People while the Fourth Estate means the press (See

http://www.thefreedictionary.com/estate+of+the+realm accessed on 12/5/13)

4 Section 22, Constitution of the Federal Republic of Nigeria, 1999, as amended.

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Provision of Transportation: adequate facilities for movement of people, goods and

services throughout the Federation (S. 15(3)(a);

Provision of Physiological needs: suitable and adequate shelter, suitable and adequate

food, reasonable national minimum living wage, old age care and pensions, and

unemployment, sick benefits and welfare of the disabled are provided for all citizens (S.16(2)(d);

Right to employment: all citizens, without discrimination on any group whatsoever,

[shall] have the opportunity for securing adequate means of livelihood as well asadequate opportunity to secure suitable employment (s. 17(3)(a);

Conditions of work: [it shall be ensured that] conditions of work are just and humane,

and that there are adequate facilities for leisure and for social, religious and cultural life(S. 17(3)(b); Also, the state is to put in place policies to ensure that the health, safety andwelfare of all persons in employment are safeguarded and not endangered or abused (S.17(3)(c);

Right to health: adequate medical and health facilities for all persons (S. 17(3) (d);

Gender sensitive rights - Right to equal pay: for equal work without discrimination on

account of sex, or on any other ground whatsoever (S. 17(3) (e);

Right of the child: children, young persons and the aged are [entitled to be] protected

against any exploitation whatsoever, and against moral and material neglect (S. 17(3)f);

Right to public assistance in conditions of need (S. 17(3)(g);

Right to education, from cradle to grave: free, compulsory and universal primary

education; free secondary, university education and adult literacy programme (S. 18(3)(a)to (d);

Right to a safe environment: The State shall protect and improve the environment and

safeguard the water, air and land, forest and wild life of Nigeria (S. 20);

Cultural rights: the state shall protect, preserve and promote the Nigerian cultures which

enhance human dignity (S. 21).

Perhaps, in order to ensure that the State has the capacity to fund the socio-economic rights thatrequire budgetary provision to execute, S. 16 of the Chapter provides essentially for state

ownership and controlof the major sectors of the economy. That the state shall:

manage and operate the major sectors of the economy, without prejudice to equally

operating or participating in other sectors of the economy (S. 16(1)(c)

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protect the right of every citizen to engage in any economic activities outside the major

sectors of the economy, even though any person may still participate in the major sectorsof the economy (S. 16(1)(d);

not operate the economic system in such a manner as to permit the concentration of

wealth or the means of production and exchange in the hands of few individuals or of agroup (S. 16(2)(c);

ensure that the material resources of the nation are harnessed and distributed as best as

possible to serve the common good; (S. 16(2)(b);

(b) control the national economy in such manner as to secure the maximum welfare,

freedom and happiness of every citizen on the basis of social justice and equality of statusand opportunity (S. 16(1)(b).

In the same spirit of ensuring availability of resources to meet socio-economic needs, Chapter II,

in Section 15(5) mandates the state to fight corruption:

The State shall abolish all corrupt practices and abuse of power.

THE ESSENCE OF CHAPTER II PROVISIONS

In international human rights law, the rights in Chapter II belong to the category of Economic,Social and Cultural Rights (ESCR), contained in the International Covenant on Economic Socialand Cultural Rights (ICESCR), (1966).

Akande (1999) has helped to succinctly conceptualise the importance of Chapter II provisions,which Odinkalu (2012: 20) terms the most important Chapter of the Constitution. According toAkande (1999, cited in Arewa (2010:454):

Governments in developing countries have tended to be preoccupied with power and itsmaterial perquisites with scant regard for political ideals as to how society can beorganized and ruled to the best advantage of all.

In Minerva Mills Ltd & Ors v. Union of India & Ors, the India court has also identified theimportance of the Directive Principles, as follows:

They project the high ideal which the Constitution aims to achieve. They are so

fundamental in the governance of any country. In fact, there is no sphere of public lifewhere delay can defeat justice with more telling effect than in the non-

implementation of the Directive Principle.

In the context of disturbing proportions of unemployment, abject poverty, homelessness, hunger,frustrations, accompanied by unprecedented high levels of crimes of all shades, includingbloodletting, kidnapping for ransome, mass murder, it would appear that only massiveinvestment in socio-economic rights by the Nigerian State can provide enduring solution. In a

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state of deepening poverty and non satisfaction of socio-economic rights, resources wouldinevitably be diverted from attending to the physiological needs to satisfying the avarice ofmembers of the ruling class

TWO SCHOOLS OF THOUGHT ON CHAPTER II

There are two main schools of thought on the Directive Principles:

The pro-justiciability school, which argues that Chapter II should be retained and held to

be enforceable by the court, and

The anti-justiciability school, which argues for complete elimination or, in the alternative,

retention in the constitution for the purpose of acting only as a guide to governance wherepossible.

THE ANTI-JUSTICIABILITY SCHOOL

Popoola (2010) refers to the position of one Dr. Ojo, which may fairly represent the position of

the anti-justiciability school, in certain fundamental respect. This school contends that Chapter IIis a (mere) manifesto of aims and aspirations; a moral homily; toothless bulldogs.

Specifically, Dr. Ojo (1976) opines that:

there can hardly be any national dissent on the need to provide good shelter for all, toafford every Nigerian the opportunity to have a say and participation in its government,the need for total education of all, the care for the old and aged etcand indeed to ensureeveryones welfare. When we degenerate to seeking provisions for leisure and social life,adequate food for all Nigerians in the Constitution, I believe we are not only reducing theseriousness of the Constitution, we might inadvertently be inviting cynicism on it.

the inclusion of these objectives and directives in the Constitution may be good

politics, but it is certainly not good law or Constitution-making. They should be

expunged from the Constitution and severely left to where they properly belong party

political manifestoes (Ojo, A. in Sunday Times, 31 October 1976, cited in A. O.

Popoola, 2010: 324 at 351, Cited in A. O. Popoola (2010: 324 at 348)

THE NON-JUSTICIABILITY PROVISION IN THE 1999 CONSTITUTION

The sole key constitutional provision, which the non-justiciability school relies upon is S. 6 (6)

(c), which provides that:

The judicial powers vested in accordance with the foregoing provisions of this section

(c) shall not except as otherwise provided by this Constitution, extend to any issue orquestion as to whether any act of omission by any authority or person or as to

whether any law or any judicial decision is in conformity with the Fundamental

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Objectives and Directive Principles of State Policy set out in Chapter II of this

Constitution

THE CONSTITUTIONAL PRO-JUSTICIABILITY PROVISIONS

The following constitutional provisions make the Constitution, particularly Chapter II, binding.

These are:

1. S. 6(6)(c), CFRN, 1999

2. S. 1(1), CFRN, 1999.

3. Section 13, CFRN, 1999.

4. section 224, CFRN, 1999, and

5. Item 60(a) of the Exclusive Legislative List.

The above listed provisions are discussed below.

S.6(6)(C) Does Not Completely Foreclose Justiciability of Chapter II

Unlike the constitution of many other countries, including India, which directly declares thatsimilar provisions shall not be enforceable, S.6(6)(c) of the 1999 constitution does not absolutelyforeclose justiciability of chapter II and allows its enforcement if it is so provided in any othersection of the Constitution. The court, in Federal Republic of Nigeria v. Anache (2004), hasupheld this position, stating that since S. 6(6)(c) is qualified by the phrase, save as otherwiseprovided by this Constitution, the justiciability of Chapter II is not entirely foreclosed

Also, in Olafisoye v. Federal Republic of Nigeria (2005), the court was asked to determine

whether or not the National Assembly is competent to make laws for the peace, order and goodgovernance of Nigeria, pertaining to abolishing corrupt practices and abuse of power under S.15(5)5 a section under Chapter II; combined with other provisions of the Constitution. In thisparticular case, the Supreme Court upheld the likelihood of justiciability of Chapter II, if theConstitution makes a section(s) of Chapter II justiciable, as follows:

The non-justiciability of (sic!) section 6(6)(c) of the Constitution is neither total norsacrosanct as the subsection provides a leeway by the use of the words, except asotherwise provided by this Constitution. This means that if the Constitution otherwiseprovides in another section, which makes a section or sections of Chapter II justiciable, itwill be so interpreted by the Courts (Olafisoye v. Federal Republic of Nigeria, cited inAnyebe, 2010:379).

Other provisions, which make the Constitution, including Chapter II binding, include:

5 Note however that in Adebiyi Olafisoye v. Federal Republic of Nigeria (2004) The SupremeCourt adopted the literal rule in statutory interpretation and held that the provisions of S. 6(6)(c)of the CFRN are clear that S. 15(5), (one of the sections under chapter 2) is not justiciable.

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S. 1(1) proclaims the supremacy and bindingness of the constitution, as follows:

1. (1) This Constitution is supreme and its provisions shall have binding force on theauthorities and persons throughout the Federal Republic of Nigeria.

Section 13 provides that all authorities and persons exercising legislative, executive

or judicial powers shall observe and apply Chapter II, as follows:

It shall be the duty and responsibility of all organs of government, and of all authoritiesand persons, exercising legislative, executive or judicial powers, to conform to, observeand apply the provisions of this Chapter [i.e. Chapter II] of this Constitution (S. 13,CFRN, 1999).

Section 224 provides:

The programme as well as the aims and objects of a political party shall conform withthe provisions of Chapter II of this Constitution (S. 224, CFRN, 1999).

Finally, Item 60(a) of the Exclusive Legislative List places responsibility on the

Federal Government to establish and regulate authorities for the Federation or anypart thereof -

(a) To promote and enforce the observance of the Fundamental Objectives andDirective Principles contained in this Constitution

STATUTORY PRO-JUSTICIABILITY PROVISIONS: THE AFRICAN CHARTER ON

HUMAN AND PEOPLES RIGHTS ACT, CAP10, LFN, 1990

The African Charter equally contains socio-economic rights, which include:

Article 15: Right to work

Article 16: Right to health

Article 17(1): right to education

Article 17(2): Right to participate in the cultural life of ones community

Article 17 (3): Duty of state to promote & protect the moral and traditional values recognizedby the community

Article 18(1): Recognition of family as the natural unit & basis of a society

Article 18(2): Right of the family to be assisted as the custodian of morals and traditionalvalues

Article 18(3): Protection of the rights of women and children, and

Article 18(4): Rights of the aged and disabled.

The Supreme Court has held in Abacha v. Fawehinmi (2000)6 NWLR (Pt. 600) 228 that:

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the African Charter which is incorporated into our municipal law becomes binding and ourcourts must give effect to it like all other laws falling within the judicial powers of the courts.

The implication of the above holding of the Supreme Court is that the socio-economic rights in

Chapter II are enforceable under the African Charter.

WHAT THE PRESS SHOULD DO TO LIVE UP TO ITS CONSTITUTIONAL

MANDATE UNDER S. 22

1. Resolve to accept that it is right, just and feasible for government to implementsocio-economic rights contained in Chapter II of the Constitution. Whetherindividuals are conscious of it or not, we are all slaves to our principles. Our attitudes,activities, utterances, actions and inactions are determined by the ideas, ideals andperspectives we believe in. I invite the Nigerian press to accept that the provisions of theConstitution in Chapter II are meant to be binding and enforceable. As the IndianSupreme Court held in Francis Coralie v. Union Territory of India (1981), the right tolife includes the protection of:

every limb or faculty through which life is enjoyed namely, the barenecessities of life such as adequate nutrition, clothing, and shelter and facilitiesfor reading, writing, and expressing oneself in diverse forms, freely moving about

In the same spirit, Article 25(1) of the Universal Declaration of Human Rights (UDHR, 1948)provides that:

Everyone has the right to a standard of living adequate for the health and well-being of

himself and his family, including food, clothing, housing and medical care and necessary

social services, and the right to security in the event of unemployment, sickness,disability, widowhood, old age or other lack of livelihood in circumstances beyond his

control

I invite the Nigerian Press to accept this universal perception of human rights, which informs theprovisions of Chapter II of the 1999 Constitution.

2. Assess every government policy and action from the standpoint of the socio-

economic rights under Chapter II

Whether to commend, criticize or oppose governments policies should be determined by

whether or not such policies promote or hinder the actualization of socio-economic rights

guaranteed under the Constitution. In this regard, the press may discover that theTransformation Agenda, which is hinged on promoting the private sector as the engine

of economic growth is actually unconstitutional.

3. The Nigerian press should define a role for itself in the process of societal

transformation and adopt the principles of investigative journalism or journalism

with a social conscience.

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The question then is: what is investigative journalism?

WHAT IS INVESTIGATIVE JOURNALISM?

The meaning of Investigative Journalism can be established from various dimensions, including

the following five categories:

Self-initiated agenda-setting as opposed to serving as a mere transmission belt for passing

official information from government to the people;

empirical facts-based reporting, or making a claim/allegation and supporting it with

conclusive evidence;

judgmental reporting as against neutrality;

comforting the afflicted and afflicting the comfortable; and

explanatory reporting.

INVESTIGATIVE JOURNALISM AS SELF-INITIATED AGENDA SETTING

Investigative journalism may perhaps be best understood from the point of view of what it is not.

Following somebody elses agenda is not investigative journalism. Acting as a mere

transmission belt for passing information or proceedings of meetings to the public or uncritically

accepting official versions of account of events on the basis of not wanting to offend authorities

or individuals is not investigative journalism. Rather, investigative journalism is based on self-

initiated agenda setting. Hence, the Investigative Reporters and Editors (IRE) define

investigative journalism as the reporting, through ones own initiative and work product, of

matters of importance to readers, viewers or listeners 6 Investigation is what distinguishes an

independent report from an advertising brochure.

INVESTIGATIVE JOURNALISM AS COMFORTING THE AFFLICTED AND

AFFLICTING THE COMFORTABLE

According to Houston et al7, a clich which is used to define investigative reporting is

comforting the afflicted and afflicting the comfortable. The afflicted are mainly the poor, the

vulnerable classes in the society, the deprived, the forgotten and the voiceless. Milna, a

6 Houston, B., Bruzzese, L. and Weinberg, S. (2002). The Investigative Reporters

Handbook. Boston: Investigative Reporters and Editors, page viii.

7 Houston, B., Bruzzese, L. and Weinberg, S. (2002). The Investigative Reporters

Handbook. Boston: Investigative Reporters and Editors, page 502.

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journalist, offers a meaning of investigative journalism when he says the duty of the investigative

reporter is to raise things which people in power find uncomfortable8.

Investigative journalism is therefore about looking into complaints and problems confronting the

generality of the society and taking up the cudgels on someones behalf9

In their definition of investigative journalism, the Investigative Reporters and Editors (IRE)

states that in many cases, the subjects of the reporting wish the matters under scrutiny to remain

undisclosed10. Similarly, Spark11submits that:

investigative reporting seeks to gather facts which someone wants suppressed. It seeks

not just the obvious informants who will be uncontroversial, or economical with the truth,

but the less obvious who know about disturbing secrets and are angry or disturbed

enough to divulge them

Investigative reporting therefore subverts the establishment rather than bolstering them or

accepting their points of view without questioning. Thus, investigative journalism is about

choosing issues that are relevant to peoples lives for investigation.

INVESTIGATIVE JOURNALISM AS EXPLANATORY REPORTING

It is not always that investigative reporting deals with afflicting the comfortable. Investigative

journalism may also be explanatory. As Roberts puts it, investigative journalism is not so much

catching the politician with his pants down or focusing on a single outrage as it is digging

beneath the surface so we help readers understand whats going on in an increasingly complex

world12 To this extent, investigative journalism will be interested in answering the fundamental

question ofwhy events or developments occur.

INVESTIGATIVE JOURNALISM AS JUDGMENTAL REPORTING

Spark13 asserts that investigative reporting is not an exercise in impartial balancing of stories in

terms of making allegations and giving a right of reply to the victim. Rather, investigative

8 Cited in Spark, D. (1999). Investigative Reporting: A Study in Technique. Oxford:

Focal Press, page 6.

9 Spark, D. (1999). Investigative Reporting: A Study in Technique. Oxford: Focal Press

10 B.Houston, Bruzzese, L. and Weinberg, S. (2002). The Investigative ReportersHandbook. Boston: Investigative Reporters and Editors, page viii.

11 D. Spark, (1999), (1999). Investigative Reporting: A Study in Technique. Oxford:

Focal Press, page 6.

12 Houston, B., Bruzzese, L. and Weinberg, S. (2002), Op. cit., p. viii.

13 D. Spark, (1999), (1999), op. cit., p. 1.

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reporting is judgmental. Cook said of his Checkpointradio programme: This is and always will

be a biased programme biased against fraud, criminality and injustice14 Similarly, the dictum

of theInsight Team at Harold Evanss Sunday Times consisted in the following:

All stories are either We name the guilty man, The arrow points to the

defective parts, or Stop these evil practices now15

INVESTIGATIVE JOURNALISM AS EMPIRICAL FACTS-BASED REPORTING

Expression of judgment on allegations made must be based on the facts gathered. Thus,

investigative journalism cannot be judgmental unless it is based on empirical facts. Hence, Spark

(1999:41) succinctly puts it that the object of a journalistic investigation is to establish facts

which put the rights and wrongs of an issue beyond doubt

Investigative journalism therefore involves making an allegation and producing conclusive

evidence. The investigative reporter is thus enjoined to: check facts, never take anything on

trust, never take anything on trust from people who have an interest in pushing a particular

view16

From the foregoing, an investigative story or report should answer the what, who, when,

where, why and how and make readers angry, sad, relieved and/or more informed about a

topic that touches their lives17.

Thus, we may define investigative journalism as self-initiated, facts-based, judgmental and

public-oriented journalism, which seeks to either facilitate the functionality of the existing social

structure or assist the process of social change.

4. The press should set own agenda

a. Job Creation not job cut

An example of the kind of agenda that may be set by the press in the present reality of Nigeria is

to argue in support of government committing resources to establishing enterprises in order to

directly engage workers in large numbers rather than relying on the private sector and job

creation through the gambling programme called You Win. This implies that the press has a

14 D. Spark, (1999), (1999), ibid., p. 2.

15 Cited in D. Spark, (1999), ibid., p. 8.

16 D. Spark, (1999), (1999), ibid., p. 2.

17 B.Houston, Bruzzese, L. and Weinberg, S. (2002), op. cit., p. 525.

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duty to vehemently oppose governments idea of threatened mass sack of workers on the basis

that recurrent expenditure crowds out capital expenditure.

The Transformation Agenda of the Federal Government for instance expresses concern overrecurrent expenditure crowding out capital expenditure, as follows:

2.3 Public Expenditure Management

The sub-optimality of the expenditure profile of the Federal Government of Nigeria(FGN) has been a major area of concern. Since 1999, recurrent spending has consistentlycrowded out capital expenditure, exacerbating the already abysmal state of infrastructure.Recurrent expenditure has fluctuated between 47.5% in 1999 to 80.29% in 2003, whilecapital expenditure accounted for only 19.71% of total government expenditure. It hassince increased continually to a high of 38.37% of total expenditure in 2009. It has grownmuch worse in 2011 with government borrowing to finance recurrent expenditures. (p. 9)

The above conceptualization of the problem is nothing but an excuse to sack workers. From thispoint of view, the Agenda should be seen as anti-worker or anti-poor. It was on the basis of thisanti-poor people reasoning that the CBN Governor, towards the end of last year called formassive retrenchment of as much as 50% in the Federal public service.

Reducing the workforce is not a solution to the crisis of the economy for the following reasons.

First, those who work deserve their pay, as a legitimate right. Payment of salaries is not agratuitous gift; it is consideration for services rendered.

Second, there is a relationship between the state of the economy and the number of personsemployed. When workers are sacked, the capacity to buy goods and services dwindles. Thus, insome other industrial economies, in the face of the financial crises, various governments tend to

find a way to put money in the hands of the people and cushion the effects of the crisis.

Third, as the NLC reasoned, if workers are sacked, the money saved in the process is likely to bestolen.

Fourth, the stolen wealth should be recovered and invested to establish public enterprises inorder to enhance the capacity of the state to employ more hands.

Fifth, if the wage bill must be reduced for any reason, it is the salaries and allowances of electedofficers that should be cut. For example, as pointed out by the radical, pro-people Pastor Tunde

Bakare, the average cost of maintaining a national legislator in Nigeria(based on the 2012national Budget) is N320million or $2.1million per year or about N27million per month, in acountry in which the official (as opposed to the actual) minimum wage is just N18,000 permonth or N216,000 per year, a ratio of 1: 1,500. The calculation of the average cost ofmaintaining a national legislator is presented below:

Number of Senators = 109

Number of Members of the House of Representatives = 360

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Total Number of Legislators = 469

2012 Budget Proposal for the National Assembly = N150 billion

Average Cost of Maintaining Each Member = N320 million

Average Cost of Maintaining Each Member in USD = $2.1 million/year

Indeed, on the basis of international comparison, the Nigerian Senator earns about seven (7)times what the US President earns. Whereas the US President earns $400,000 per year, orN60million, inclusive of all allowances, the Nigerian Senator earns N163million or $1.10millionper year, at the exchange rate of $1:N150. The average salary of the Nigerian Senator per year isabout N11million while the allowances amount to N152million18. Indeed, the cost of a Senatorscar (Toyota Land Cruiser Jeep)19 is $100,724 or about N16million (The Nation, online version,12 February 2012), in a country where minimum wage is N18,000 per month or N216,000 peryear! It will take a worker on the minimum wage of N216,000 per annum not less than 74 yearsto earn the amount used to buy the Senators Toyota Land Cruiser Jeep in 2012!

Sixth, it has also been argued that the proportion of the population in public service is too

limited, and that in reality, governments ought to employ more. Prof Funmi Adewumi20 has

asserted that by governments own admission, as at early 2006, the total employment figure in

the entire public service of Nigeria from the Federal to local government levels was 2,267,492.

With a population of about 140million as at then, this translates to only 1.61% of the populace.

He wonders why anybody would argue that it is too much for a government to directly employ

less than 2% of its total population.

b. Provision of Housing

The estimated housing deficit, according to official figures, is 17million units, as at 2012. But the2013 Budget Speech reported that only 2000 units were completed in 2012. On this rate, it would

take 8,500 years to bridge the gap in housing. If we take into account, the 24,000 units that were

claimed to be at various stages of completion, it will take not less than 653 years to bridge the

gap. This situation is unacceptable considering the stupendous corruption going on.

c. Continued Campaign against corruption

According to the IMF, over $700bn had been realized as oil revenue between 1960 and 2008.

Eighty per cent (80%) of this sum accrues to only 1% of the population21. According to the

18 Pre 2012 Budget figures

19 For 2012 Financial Year

20F. Adewumi (2012) Welcome Address at the Formal Opening of the Conference on 100 Years of Trade Unionism in Nigeria:

Retrospect and Prospects, Organised by the Working Class and Trade Union Studies Association of Nigeria(WCTUSAN) at the

Conference Centre, University of Ibadan, Ibadan, Nigeria, 5-7, December 2012.

21 (Cited in Watts, 2009)

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Ribadu Report on oil subsidy scam, 250,000 barrels of oil or N1.2trillion ($6.3bn) are stolen

every day. The House of Representatives estimated the oil subsidy scam at $6.5bn or about N10

trillion. Budgets are hardly implemented 100 percent. Yet, the unspent funds would not be

reflected in the subsequent annual budget. Nobody seems to know what has happened to the

allegedly recovered loot, particularly since the Abacha frozen accounts. For these reasons, in

spite of its oil wealth, Nigeria is now reckoned to be one of the 25 poorest countries in the world.

d. Campaign against security votes

The monthly security votes of governors, (which they do not have to account for) range between

N300m and N2bn. The average cost of constructing a borehole by public authorities is

N250,000. The average cost of constructing 1 kilometer of road is N55m. Therefore, the N2bn

could be used to supply 8,000 boreholes every month. If used to construct roads, it would

construct 36 kilometers of road, every month. The press should campaign against the continued

budgeting for security votes, which have not helped in reducing the rate of insecurity.

DEVELOPING ALTERNATIVE VIEWPOINT TO OFFICIAL PROCLAMATIONS: IS

DECLARATION OF STATE OF EMERGENCY THE SOLUTION TO BOKO HARAM?

On Tuesday, 14 May 2013, President Jonathan declared a state of emergency in three states of

the Federation, namely, Adamawa, Yobe and Borno states, as a measure to contain the menace

of Boko Haram, even though the President identified 10 troubled states.

While the President has the power to declare a state of emergency under S. 305 of the

Constitution, the critical issue is whether or not such an action is sufficient in bringing an end to

the spate of unfortunate mass killings associated with the Boko Haram phenomenon, which stand

condemned.

I contend that declaration of a state of emergency does not address the root cause of Boko Haram

insurgency. The real problem we face is poverty, unemployment and corruption. Out of

desperation for material survival, people tend to be attracted by different ideas. Some people tend

to turn to violence and criminality; others join fundamentalist Islamic groups or fundamentalist

Pentecostal churches. Boko Haram is therefore a symptom of the severe socio-economic

problems that the working class and other poor people face; despite the fact that this is clothed in

religious dress. President Jonathan would be taken seriously if he could also declare a state of

emergency against corruption rather than giving Presidential pardon to persons convicted

of looting public treasury.

Another dimension of the nature of insecurity in Nigeria today is also reflected in the

phenomenon of kidnapping for ransom. To have a correct understanding of the ultimate solution

to insecurity in Nigeria, we need to listen to what those who kidnapped the popular Nollywood

actor, Pete Edochie told him. According to Edochie:

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They believe that the ostentatious life of politicians has inflicted a lot of harshness on

their own circumstance as individuals and they think its about time they too get their

own slice of the national cake. Its unfortunate that they have to do it the way they are

doing it but that they dont have options. They (the kidnappers) hate shameless flaunting

of ill-gotten wealth by Nigerian rulers. They engage in kidnapping for ransom in order to

have their own share of the oil wealth. They demand payment of an allowance to meet

basic necessities of life22.

We insist that measures that could address the root cause of violence be adopted rather than

militarization of society, in view of the implications for repression of human rights under S. 45

of the Constitution, in the circumstances of a state of emergency. Section 45 allows derogation

from the rights in the following sections:

s. 33 right to life

s. 35 right to personal liberty

s. 37 right to privacy

s. 38 - freedom of thought, conscience and religion

s. 39 freedom of expression, and

s. 40 freedom of assembly, association and peaceful action.

IMPEDIMENTS TO THE ROLE OF THE PRESS

There are certain impediments, which tend to undermine the role of the press. These include:

poverty pay or no pay at all.

Lack of editorial independence.

POVERTY PAY OR NO PAY AT ALL

Many journalists earn poor pay and in some instances, no pay at all. This reality subjects the

journalist concerned to a demeaning existence. Journalists in such circumstances are compelled

to live on brown envelopes. An average journalist in such a miserable condition can hardly

bother to observe the ethics of the profession. The NUJ must therefore join the labour movement

22 See for example, http://www.nairaland.com/311689/pete-edochie-enjoyed-beer-during

(accessed on 114/5/13)

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in actively campaigning for decent wage based on the principle of scala mobile or wage

indexation such that wages and salaries rise as inflation rises.

LACK OF EDITORIAL INDEPENDENCE

Investigative journalism or journalism as an instrument of change cannot thrive where there is noeditorial independence as a result of overbearing direct and indirect censorship by the owners of

the media organizations, whether private or public.

It is therefore suggested that, particularly as far as the publicly owned media organizations are

concerned, Trusts should be established by law for each media organization. The sole function of

a given Trust shall be to ensure editorial independence and insulate it from undue government

influence. The Trusts should include elected representatives of the NUJ and the central labour

organizations.

Conclusion

It is only an independent press that can ensure that the resources of the nation are available forthe welfare of the poor who are in the majority. Without the pressure of the press and ordinarypeople from below, there can be no meaningful development. The late Prof Ake23 argues thatsomebody has to determine that development is desirable, that a particular kind of developmentshould be pursued and in a particular kind of manner. This demonstrates that desirability ofdevelopment, the kind of development and the manner of attainment are neither accidental norobjectively determined. Ake argues that the state is a specific mode of capitalist domination andrepresents contradictory interests and forces. It is impacted by the nature and effectiveness ofcapitalist hegemony and by the capacity of the dominated and oppressed classes to deployeffective counter-forces in reaction to their domination.

The sum total of Claude Akes challenge is that citizens should not look up to their governmentsfor solution to societal problems. They should look up to the amount of pressure they can bringto bear on their governments to effect positive changes. No government in the world doesanything willingly in the interest of the marginalized without pressure from below or without thethreat of pressure from below.

It should be realized that what makes a difference in the general quality of life of poor people indifferent countries is not the government but the level of alertness of the have-nots to organizeand fight in defense of their interests. If the masses will succeed in bringing sufficient pressure to

bear on the rulers and effect changes, the press has a key role to play. That is the lesson of ourstruggles against oppression in Nigeria, not only under colonialism but also under militarydictatorship.

It is my hope that the Nigerian press will continue to live up to its historic role, in support of theaspirations of the poor and against all forms of tyrannical tendencies.

23C. Ake, (1989). Africa and the Political Economy Approach in Ihonvbere, J (ed.). The Political Economy of Crisis and

Underdevelopment in Africa, Selected Works of Claude Ake. Lagos: JAD Publishers, p. 43)

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Documents

The Role of the Press in an Ideal Democracy