By Daniel Etokidem
On the occasion of 2017 Word Press Freedom Day by Nigeria Union of Journalist, Akwa Ibom State Council.
May 3, 2017
I bring you greetings from the National Assembly liaison mission of the Presidency on this occasion of the 2017 World Press freedom day. And I thank you for choosing me as guest speaker despite what could be like political constraints. This speaks volumes of the fair mindedness of your leadership and indeed the Press in Akwa Ibom state and Nigeria.
Let me start by appraising this year's sub-theme: critical minds for critical times and submit that it is most appropriate at this moment of our Nation’s history.
Further I confess how difficult it is to prepare a lecture to a critical audience as the media community of this status. At this age of social media or E age where every information is available online and in the palms of the persons you are to address such as this distinguished audience. I therefore chose to come to practical domestic matters that affects you in your practice which you may have glossed over in the course of duty in your desire to PLEASE the institution you are to HELP stand up by contributing your best. (Please note the word in caps).
Legislating for press freedom is not again an issue in Nigeria since the coming into force of the freedom of information Act on May 28, 2011, upon Assent by Emeritus President Goodluck Jonathan, GCFR. And this addressed and did override the provisions of the Official secrets Act which constrained and limited access to public information.
This year for Nigeria we are to join the advocacy of the U N to advocate for other countries which are yet to pass or domesticate the Freedom of information Legislation in the countries yet to so do, the press having won same years ago in Nigeria.
The memorial we are celebrating today was the landmark Windhoek Declaration on media pluralism and independence by African journalists that subsequently inspired a Recommendation adopted at the 26th Session of UNESCO's General Conference in 1991. The 3rd of May of every year was proclaimed by the UN General Assembly in 1993 as a date set aside by the United Nations to celebrate the fundamental principles of press freedom; to evaluate press freedom around the world, to defend the media from attacks on their independence and to pay tribute to journalists who have lost their lives in the exercise of their profession.
The term, press freedom refers to the general right of the gentlemen of the Fourth Estate to do as they wish without any impediment to their work or suppression of their persons. It is not a privilege or some entitlement awarded by the government of the day, or a mere reward for patronage, but a more basic right of anyone to circulate their ideas more widely through conventional media of communication than they could do simply by themselves.
When gleaned from the above meaning, then a holistic application of press freedom extends beyond Government owned Radio and Newspapers. It also includes internet-based communication, social media, blogging, mobile telephones, and tablets and every means by which any person can publish their opinions to the world and assert unwelcome facts in the face of the powerful. Like the traditional mediums of communication, these current additions are expected to adhere to the highest ethical and professional standards designed by practitioners.
Permit me to copiously freely quote The Freedom of Information Act. The long definitive title States:
“An act to make public records and information more freely available, provide for public access to public records and information, protect public records and information to the extent consistent with the public interest and the protection of personal privacy, protect serving public officers from adverse consequences of disclosing certain kinds of official information without authorization and establish procedures for the achievement of those purposes and; for related matters.’’
“1. (1) Notwithstanding anything contained in any other Act, law or regulation, the right of any person to access or request information, whether or not contained in any written form, which is in the custody or possession of any public official, agency or institution howsoever described, is established.
(2) An applicant under this Act needs not demonstrate any specific interest in the information being applied for.
(3) Any person entitled to the right to information under this Act, shall have the right to institute proceedings in the Court to compel any public institution to comply with the provisions of this Act.
S 2. (1) A public institution shall ensure that it records and keeps information about all its activities, operations and businesses.
(2) A public institution shall ensure the proper organization and maintenance of all information in its custody in a manner that facilitates public access to such information.
(3) A public institution shall cause to be published in accordance with subsection
(4) of this Section, the following information -
(a) a description of the organization and responsibilities of the institution including details of the programmes and functions of each division, branch and department of
the institution;
(b) a list of all -
(i) Classes of records under the control of the institution in sufficient detail to facilitate the exercise of the right to information under this Act, and
(ii) Manuals used by employees of the institution in administering or carrying out any of the programmes or activities of the institution;
(c) a description of documents containing final opinions including concurring and dissenting opinions as well as orders made in the adjudication of cases;
(i) substantive rules of the institution
(ii) statements and interpretations of policy which have been adopted by the institution,
(iii) final planning policies, recommendations, and decisions;
(iv) factual reports, inspection reports, and studies whether prepared by or for the institution;
(v) information relating to the receipt or expenditure of public or other funds of the institution;
(vi) the names, salaries, titles and dates of employment of all employees and officers of the institution;
(vii) the right of the state, public institutions, or of any private person(s)
(viii) the name of every official and the final records of voting in all proceedings of the institution;
(e) a list of –
(i) files containing applications for any contract, permit, grants, licenses or agreements,
(ii) reports, documents, studies, or' publications prepared by independent contractors for the institution, and
(iii) materials containing information relating to any grant or contract made by or between the institution and another public institution or private organization;
(f) the title and address of the appropriate officer of the institution to whom an application for information under this Act shall be sent, provided that the failure of any public institution to publish any information under this subsection shall not prejudicially affect the public's right of access to information in the custody of such public institution.
(4) A public institution shall ensure that information referred to in this section is widely disseminated and made readily available to members of the public through various means, including print, electronic and online sources, and at the offices of such public institutions.
(5) A public institution shall update and review information required to be published under this section periodically, and immediately whenever changes occur
(6) A person entitled to the right of access conferred by this Act shall have the right to institute proceedings in the Court to compel any public institution to comply with the provisions of this section.
(7) Public institutions are all authorities whether executive, legislative or judicial agencies, ministries, and extra-ministerial departments of the government, together with all corporations established by law and all companies in which government has a controlling interest, and private companies utilizing public funds, providing public services or performing public functions.”
By the provisions of Section 6 of the Act, a person entitled to the right of access conferred by this Act shall have the right to institute proceedings in the Court to compel any public institution to comply with the provisions of this section.
PUBLIC INSTITUTION DEFINED
Public institutions are all authorities whether executive, legislative or judicial agencies, ministries, and extra-ministerial departments of the government, together with all corporations established by law and all companies in which government has a controlling interest, and private companies utilizing public funds, providing public services or performing public functions.
The rights conferred by the Freedom of Information Act is not absolute in all circumstances as same are limited and circumscribed by sections 11 and 12 of the Act which States as follows:
“11 (1) A public institution may deny an application for any information the disclosure of which may be injurious to the conduct of international Affair and the defence of the Federal Republic of Nigeria
(2) Notwithstanding subsection (1), an application for information shall not be denied where the public interest in disclosing the information outweighs whatever injury that disclosure would cause.
12. (1) A public institution may deny an application for any information which contains
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(a) Records compiled by any public institution for administrative enforcement proceedings and by any law enforcement or correctional agency for law enforcement purposes or for internal matters of a public institution, but only to the extent that disclosure would
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(i) interfere with pending or actual and reasonably contemplated law enforcement proceedings conducted by any law enforcement or correctional agency,
(ii) interfere with pending administrative enforcement proceedings conducted by any public institution,
(iii) deprive a person of a fair trial or an impartial hearing,
(iv) unavoidably disclose the identity of a confidential source,
(v) constitute an invasion of personal privacy under Section 15 of this Act, except, where the interest of the public would be better served by having such record being made available, this exemption to disclosure shall not apply, and
(vi) obstruct an ongoing criminal investigation
(b) information the disclosure of which could reasonably be expected to be injurious to the security of penal institutions.
(2) Notwithstanding anything contained in this section, an application for information shall not be denied where the public interest in disclosing the information outweighs whatever injury that disclosure would cause.
(3) A public institution may deny an application for information that could reasonably
be expected to facilitate the commission of an offence.”
CRITICAL MINDS FOR CRITICAL TIMES: the Akwa Ibom practitioner, the Akwa Ibom Practice and You
In Akwa Ibom State, the press is free, but the practitioners, particularly the practitioners in the state owned media houses do not want to be free.
Some have acted like the State Houses of Assembly in Nigeria who were given autonomy by the National Assembly during the constitution amendment exercise but they voted against it themselves and it failed.
The journalists in the Private print, Electronic and Social media are absolutely free. And free, they disseminate and publish genuine information and news and the public is excited and can pay for the news and use the medium.
I commend the establishment of Planet, Inspiration, Atlantic and Comfort FM among other radio stations. And indeed the NTA, Uyo, Eket and AIT in Akwa Ibom State. At these broadcast media, the Akwa Ibom State Government is their biggest market, client and patron.
They pay for news items, programmes, adverts and any matter they would want the public to hear.
They maintain retainers hip either directly, through surrogates, consultants, independent producers and pseudo.
And 80% of the state listenership and reach is held by the private electronics and print medium.
The state owned media, the Akwa Ibom Broadcasting Corporations, Radio and Television Services appears to hold only 20% of the listenership.
The state owned Pioneer Newspaper suffers the same fate.
This may be the fault of every Government of the day, from inception of Akwa Ibom. It was very famous under the Civilian Government from 1999 till today.
I participated in all till 2015 as Legislator / Senator at the Federal level.
The state government will censor, gag, limit the relay of certain news items and programmes such that people suffocated. Under the Isemin, Attah, Akpabio (first term) administration people had no alternative, voice until the second half of Akpabio when Planet Radio debut. “anwa atara” the falcon could not hear the Falconer. Akwa Ibom was then set free.
What has happened to those stations? The proprietors, the state government having killed listenership, now moved on to patronize the private media. The career of the journalists were murdered. Not many of them could be rated nationally, not even locally.
But this was not completely the fault of the governor or government .it was often the “I am loyal” view of the civil servants.
The practice dwarfed the revenue and personnel capacity of the public owned media institutions and succeeding governments continued.
Quarre:
1. How many Press Secretary appointed by Governors have come from the government owned media institutions? Not many, because although the press was free, you did not free yourself to maximized and exhibit capacity. Sir, Rise and shine now.
2. How many practitioners on the government owned media have elevated themselves to National reckoning? Not many, except few like Sam Akpe, Akpandem James, Uduak Udo, Sony Daniel and others who were harassed out of service by the Governor or Government of the day because of sustaining the standard of the profession and holding their own. Sir, Rise and shine now.
3. How many Chief Executives, Executive Directors and the highly placed in this institutions are relevant in the practice after tenure or are called up for further service after tenure? Not many because the system you serve did not unveil you for relevance thereafter. Rise and shine now.
This subject has concerned me so dearly and in my research, I have found to the contrary:
a) That it is the practitioners themselves who are afraid of disseminating correct and appropriate enlightening news as ought to be and not the Governor or Government, for fear of “as it was in the beginning” or “Ete Adodie”. So the Governor or the Government is not to blame but you.
b) That the Governor and Government even benefits from the correct news uncensored because it allows them to gauge and appraise correctly the mood of the people and the public opinion about the government policies with a view to retooling depending on the mood of the people.
This is what the government now enjoys from the private prints and electronic media houses and have effectively abandoned government owned media houses, even relying on social media to advocate and advance their cause after mowing down government owned media. These are few from critical minds at critical times.
WHITHER AKWA IBOM?
Finally my brothers, let me use this time to urge us all to spare a thought about Akwa Ibom and Nigeria. There is so much fragmentation in Akwa Ibom which does not benefit the state as we lose.
I have always prayed and may you also pray with me, that Akwa Ibom people in government, at State and Federal level, should sink political party differences and work together to attract much to Akwa Ibom State from the federal and international levels.
Yes ,we are the highest revenue earning state from the Federal Government, but what other states with the least revenue receives for working together triples what we received and the advantage is the state ,the people and their future.
Let us not celebrate the steps to pull down persons at the federal level, as now done. I have seen very many once powerful persons, who while in office acted thus: now tearfully regretting that they should have acted otherwise if they knew.
Yet, no one has a second chance to make a first impression. Look at Cross Rivers State, a People’s Democratic Party (PDP) state examine her low standing on the FAAC chart: very low, almost the lease.
Yet the state has:
The chief justice of the federation and the Head of the Judiciary, the Third Arm of the Government, Hon Justice Walter Onoghen CJN, GCON.
The head of the civil service of the Federation- Mrs. Winifred Oyo-Ita
The minister of Niger Delta Affairs, Pastor Usani Usani
Special Assistant to the President on Prosecutions, office of the Attorney General of the Federation ,Chief Obono Obla
The chief of Naval staff, Marshall Ibok-Ette Ibas
The Chairman, Niger Delta Development Commission, Senator victor Ndoma-Egba
Others
The cross River state Government works in close cooperation with them and the difference is evident.
The steps we today take in the state about Federal Appointees are true in the words of Prof Ayendele of blessed memories: an atomistic society perpetually at war with itself. This will change.
The trauma unleashed on the state in the last three years should be put behind, for our children are wailing of the traumatic legacy we are struggling to leave behind for them.
These critical times are for critical minds to explore.
I thank you all for your attention and again for inviting me.
BEING A PAPER PRESENTED BY:
SENATOR (DR) ITA ENANG
SENIOR SPECIAL ASSISTANT TO THE PRESIDENT ON NATIONAL ASSEMBLY MATTERS – SENATE ON THE WORLD PRESS FREEDOM DAY 2017.
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