2007 CBA Regional Conference - Kenya
Using the Media to Encourage Transparency and Disclosure: The Nigerian Experience
Ben Egbuna, Director General, Federal Radio Corporation of Nigeria
The Nigerian Constitution assigns to the media the role of a watchdog. In Section 22, which is sub-titled Obligation of the Media, 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 (Chapter 2 of the Constitution, which stipulates the Fundamental Objectives and Directive Principles of State Policy) and uphold the responsibility and accountability of the Government to the people. And anti-corruption is a key element in the reform policies of the Obasanjo Administration. Against this background, one would ask, “have the media in Nigeria promoted transparency and disclosure?”
Information Climate
Alhough the media in Nigeria are given the constitutional duty of upholding the responsibility and accountability of Government to the people, they lack the power to carry out this function as the Constitution grants the media no specific freedom other than the right to freedom of expression enjoyed by every citizen. On the other hand there exist several laws that have negative effect on the functions of the media. Among these are the Official Secrets Act, Sections of the Criminal Code Act and the Defamation Act. Laws establishing many public institutions also provide secrecy clauses that insulate such institutions from public scrutiny.
It is in the light of this that the media and Civil Society in Nigeria are demanding enhancement of the information climate and a guarantee of the right to seek information without inhibition and to publish or broadcast news safely and effectively. This right, they believe, can be guaranteed by a Freedom of Information law. It is argued that this will give legal cover to the media’s contributions towards the anti-corruption campaign in the country.
The good news is that the Freedom of Information Bill was passed
by the National Assembly on 15th November last year. However, the
bill is yet to be presented to the President of the Federal Republic
for assent as required by the Constitution to make it a law. Nevertheless,
the passage of the bill by the Senate and the House of Representatives
(the two chambers of the National Assembly), is a milestone in the
efforts to improve the information climate in Nigeria.
Score Card
Notwithstanding the absence of a Freedom of Information law the media in Nigeria have actively pursued the values of transparency and disclosure. They have achieved limited success in independently sourcing stories about corruption in Government.
It was the media that exposed the intricate web of corruption in the banking sector, compelling the Central Bank of Nigeria to carry out its own investigation. The media built the requisite public pressure for the CBN to institute punitive measures against erring banks and initiate the reforms that resulted in the much-acclaimed reforms in the banking sector.
In 2005, a newspaper report revealed alleged impropriety by the Ministry of Housing and Urban Development in the sale of government houses in Lagos. First published by a local tabloid, the story gained prominence when other more influential newspapers picked it up. This resulted in direct intervention by the President, who cancelled the allocations. Denying any involvement in the scandal, the President took action and ordered that the process be started all over.
The legislative arm of the government has not been spared media attention and exposure with some losing their seats following media campaigns.
Promoting Public Awareness
Thus, the role of the media in transparency and disclosure would appear to have been made a little easier by the anti-graft agencies established by Government such as the Economic and Financial Crimes Commission (EFCC), the Independent Corrupt Practices and other related offences Commission, (ICPC), the Code of Conduct Bureau and the Code of Conduct Tribunal.
In addition to information from anti-graft agencies, the media are encouraging public participation in the fight against corruption. The restoration of democracy has been the wakeup call for the media to recognize human rights as fundamental and they have ever since been playing a captain’s role in safeguarding it. They have popularized the notion of people’s right to information and creating opposition to all forms of secrecy and immunity for government officials. Because of the work of the electronic media, particularly Radio Nigeria, the citizens are becoming increasingly aware of their rights and how the Constitution protects these rights. Through constant vigilance and reports on cases of infringement of these rights, and by exposing brutality and repression, the media have caused a significant rise in public awareness of these issues.
Of particular relevance is the Radio Nigeria focus on the abduction and rape of some female undergraduates in Enugu in 2005. The tenacity of Radio Nigeria through its human rights programme, Know Your Rights, put pressure on the police to investigate the report and bring charges.
Radio Nigeria has another programme designed to fight corruption and encourage service delivery in the Police Force. Called Police Diary, the live, interactive programme takes telephone calls from members of the public from across Nigeria on illegal activities of the police. The complaints are addressed immediately on the programme by the relevant police commissioners or Divisional Police Officers. A co-presenter of the programme is the spokesman for the Police. Until last December the programme was for the Federal Capital Territory, Abuja audience only but because of its popularity it became a network programme available at the same time to listeners on all thirty-five Radio Nigeria stations.