ABSTRACT
In this study, Section 22 of the 1999 Constitution of the Federal Republic of Nigeria 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 and uphold the responsibility and accountability of the government to the people. Thus the 1999 Constitution acknowledges that media, being the watch-dog of the society is the main vehicle by which rulers misdeeds. The developmental function and roles of the media include gathering and dissemination of information, verification of news, education and enlightenment of the people, shaping of public opinion, setting of national agenda, safeguarding of right of individuals, interests, groups, advertisement of good and services etc. saddled with this responsibility, the media cannot function effectively without proper legal backing. Chapter two of the 1999 Constitution on which Section 22 rests is filled with laudable provisions which in Nigeria are non justifiable. Since 1960, Nigeria press cannot be said to have enjoyed unrestricted Freedom. Freedom is not clearly spelt out in the 1999 Constitution. The situation was not better under military. Till date, Nigeria is yet to enact a law on Freedom of information. A media that is not accurate, factual, detailed and authoritative cannot lay claim to holding public officials accountable, because its own sense of accountability can easily be challenged. These form the focus of this paper. Recommendations will be made on the way forward.
CHAPTER ONE
INTRODUCTION
1.1 BACKGROUND OF THE STUDY
The importance of the press for any democratic society or society aspiring to be democratic is no longer debatable. In our recent history as a people we can easily point to the patriotic role played by the press in scuttling the inglorious agenda at self-perpetuation in office and in power by certain military and civilian Presidents. The judiciary occupies a high pedestal in the scheme of liberal democracy. Thus, court proceedings on important constitutional issues that impact the building of that democracy are crucial. This explains why generally the constitution provides that cases shall be heard in public.
Freedom of the press and freedom of speech are related components or subsets of the wider freedom of expression which is one of the fundamental ingredients of liberal democracy. Indeed, scholars like Henrik Berglund rightly see liberal rights as integral part of liberal democracy. Liberal democracy essentially promises equality of citizenship and civil or individual freedoms. These promises are supposed to be realized through the mediation of the state and its institutions or agencies by organizing periodic elections and affording mechanisms for the enjoyment of civil freedoms. Over time direct participation, in the Athenian sense, has come to be replaced with indirect representation with the result that citizens become less equal or lose their autonomy. The tendency is for the majority of the citizens who are represented in decision making or Constitution making institutions of state by a tiny fraction of the.
It is therefore useful to examine freedom of the press in the context of the promise and problems of liberal democracy. But this project research would be unhelpful without posing the practical question ultimately whether countries like Nigeria are moving towards
liberal democracy in spite of the problems of the latter. The central argument here is that although freedom of the press may not necessarily lead to equality and indeed may exacerbate inequality in society, equality and social justice would be impossible without it.
The research study will look in to the justification of Nigeria constitution, the press laws and press freedom. Vital recommendation and conclusion on study are suggested at concluding chapter of the project work.
1.1 STATEMENT OF THE RESEARCH PROBLEM
Press freedom in Nigeria in facing various problems in the
democratic constitution of the federal republic. Some of these
problems are:
1. Constitutional and political instability that have existed in Nigeria since independence in 1960.
2. They have also been inhibited by the pattern of media ownership.
3. As a young nation with a multi-ethnic structure, Nigeria has experienced sporadic changes in political leadership. As a result, several laws have been made to directly or indirectly censor the Nigerian press.
1.2 OBJECTIVE OF THE STUDY
The researcher’s objective is to conduct an in-depth research on the constitutional justification and press freedom in Nigeria with an insight to determine and trace how the constitution of Nigeria restraints press freedom in the country and discusses the political structure and how the frequent changes of political leadership of the nation affect the country's mass media of communication.
It also examines the constraints brought about by the pattern of media ownership which is tied to the politics of Nigeria.
1.3 SIGNIFICANCE OF THE STUDY
1. The research will help in possible dilution, domination and finally absorption of the constitutional justification of press freedom in Nigeria which until the present has been characterized with many issues.
2. It will enable the government and policy makers to put adequate measures in place to check the freedom of information bill and press freedom.
3. The conduct of this research will enable the government to know what role a reasonable press law can play in the development of a country and therefore, harness the mass media policies in the democratic process and development process in general
