media and freedom of expression as a framework for good

Media and freedom of expression as a framework for good Governance in Nigeria

Akpoghiran, Idamah Patrick, Ph.DDepartment of Mass Communication

Western Delta UniversityOghara, Delta State, NigeriaEmail: [email protected]

Tel: +2340837794099

&Okoro, Ferdinand ElokeDepartment of Mass Communication

Delta State Polytechnic, Otefe-Oghara, Delta StateEmail: [email protected]

Tel: + 2348063364800

Abstract Freedom of expression is very fundamental for the promotion of good governance in any democratic society. This research is a conceptual study on freedom of expression and good governance. The study is based on qualitative research method, where books, journals and other printed materials were reviewed. The study is anchored on public theory, which allows people to express and share their opinion in a 'social space' about any issue bordering them. The media are platforms for the expression of opinion and where ideas are discussed. Public sphere is the central arena or market square or town hall meeting for societal debate, discourse and communication as a whole. The study believes that freedom of expression which as a fundamental principle of democracy is a driving force for good governance. Freedom of expression is a channel by which people express themselves about governance. However, various past governments have not seen freedom of expression as a framework for good governance. The various media laws should be reformed or refined to align with the tenets of freedom of expression and right to information.

Keywords: Framework; Freedom of Expression; Good Governance; Media; Right to Information

Introduction Fundamental to human rights development and nation building in a democratic society is the principle of Freedom of Expression, which itself is a natural doctrine of existence, as endorsed by the Charter of the United Nations Universal Declaration of Human Rights in 1948. Taking into

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Journal of Media, Communication & Languages

consideration the Universal Declaration of Human Rights by the United Nations; the International Covenant on Civil and Political Rights; the African Charter on Human Rights; the European Convention on Human Rights as well as provisions in the Nigerian Constitution; freedom of expression is an integrate part of human existence. The United Nations Universal Declaration of Human Rights also taking cognisant of the role of the media in furthering of public's right to know in providing a forum for public debates on matters of public concern, and in acting as a 'public watchdog' to help promote government accountability (Article 19, London), states that freedom of expression is not only a natural right but it is fundamental for development and good governance. It is natural and fundamental for people to express their views in a free society even in a closed society like North Korea, even when this involves criticism of individuals.

Freedom of expression affirms the belief that the free flow of information including free and open debate regarding matters of public or national interest are of crucial importance in a democratic society. Therefore, “everyone has the right to freedom of expression, which includes the freedom to seek, receive and impart information and ideas of all kinds, regardless of frontiers, either orally, in writing or in print, in the form of art, or through any other media of his or her choice” (Article 19. London).

The United Nations Human Rights and other International Conventions gave light to the Constitution of Nigeria on freedom of expression. Section 39(1) of the Constitution of Nigeria provides that, “Every person shall be entitled to freedom of expression, including freedom to hold opinions and to receive and impart ideas and information without interference.” Section 39 (2) goes further to grant every person the right to own, establish and operate any medium for the dissemination of information, ideas and opinions subject to laws enacted by the National Assembly (for instance, no person can own, establish or operate a television of wireless broadcasting station without the authorization of the government).

As part of the transition from military rule to civilian government, the General Ibrahim Babaginda administration was under internal and external pressures to deregulate the broadcast sector. Then, in 1992, the broadcast sector was deregulated breaking the long monopoly of the Nigerian Television Authority (NTA) and Radio Nigeria. The deregulation of the broadcast industry is a strong variable and indicator for national

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interest, democracy, freedom of expression and it can help to promote good governance. The deregulation of the broadcast media fit in the definition of freedom expression by Ojekunle (2017) that is the right to communicate one's opinions and ideas without fear of government retaliation or censorship. By implication, it is any act of seeking, receiving and imparting information or ideas, regardless of the medium used.

It is an inalienable right of individuals to express themselves and be heard without fear of discrimination. However, in Nigeria for example, government's restriction of speech is somehow tagged law of defamation (libel and slander), obscenity, pornography, sedition, classified information, copyright violation, trade secrets, non-disclosure agreements, right to privacy, public security, public order, public nuisance and oppression and other limitations. Government often has varying policies restricting the freedom of expression for political reasons. In addition, journalists are still put behind bars for speaking against the ills of government. There is little access to information on matters that relate to government activities even with the freedom of information act (Ojekunle, 2017). This implies that freedom of speech serves as a viable tool in advancing the cause of liberty in Nigeria, because it underpins most other rights and allows them to flourish. The rights of individuals to have access to information, speak their minds freely on important issues in society, and hold the powerful and influential people to account where necessary plays a vital role in the healthy development process of such society. However, the lack of freedom of expression is a problem that most particularly affects the already marginalized individuals and groups in the society such as ethnic and religious minorities. Absence of freedom of speech often leads to the exclusion of many from meaningful participation in society, and from the opportunity to better their own circumstances and advance their personal liberty.Freedom of expression therefore is an index to good governance. It is important therefore that we should look at good governance.

Objective of the StudyThe general objective is to examine freedom of expression and right to information but specifically, through qualitative analysis, it examines freedom of expression in the media as a framework for good governance in Nigeria.

Method and MaterialsThe study was based on explorative or qualitative research method which

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adopts a secondary source of materials like books and journals. The study was an explanatory or conceptual review on the subject matter.

Literature ReviewThe focus of the review was on good governance and freedom of expression.

Conceptual Discourse on Good Governance It is imperative to look at governance before what makes governance good. Governance has been defined as the existence of economic, political and administrative authority to manage a country's affairs at all levels. It comprises mechanisms, processes and institutions through which citizens and groups articulate their interests, exercise their legal rights, meet their obligations and mediate their difference (Izueke, 2010). Governance can be defined as the process that is employed to achieve the noble end of the state (Ogundiya, 2010). Thus, governance simply implies the art of governing a people within a given territory or a state. It consists of two essential elements of the state, namely the structure of the state and the procedures of the legislative, judicial and those of the executive and administrative bodies at all the tiers of government. In one word, governance remains a state in action (Ogundiya, 2010). Thus, governance in a political sense is a more complex activity that involves everyone including communication processes between the people and those in government. Governance, in the context of this paper, is the process of allocating resources, through the instrumentalities of the state or local government as it were, for the attainment of public good (Akpoghiran & Okoro, 2015). Thus, governance includes institutional and structural arrangements, decision making processes, policy formulation and implementation capacity, development of personnel, information flows and the nature and style of leadership within a political system, for the good of the people (Izueke, 2010).

Scholars have agreed that good governance is absolutely imperative for social and economic progress (Oburota, 2003). Good governance, therefore, is a process of executing a coherent governing plan for the nation based on the interests and priorities of the people. Good governance is aimed at creating a society based on the principles of fairness and justice and where everyone has freedom of expression. As Izueke (2007) puts it, good governance is all about government's effectiveness in fulfilling their part of the social contract and ensuring that citizens participate in decisions affecting them. According to Madhav (2007), good

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governance has much to do with the ethical grounding of governance and must be evaluated with reference to specific norms and objectives as may be laid down. It looks at the functioning of the given segment of the society from the point of view of its acknowledged stakeholders, beneficiaries and customers. It must have firm moorings to certain moral values and principles (Ogundiya, 2010).

Good governance, as a concept, is applicable to all sections of society such as the government, legislature, judiciary, media, private sector, corporate sector, trade unions and lastly non-government organisations (NGOs). Madhav (2007) says that it is only when all these and various other sections of society conduct their affairs in a socially-responsible manner that the objective of achieving the larger good of the largest number of people in society can be achieved.

The Nigerian constitution provides the yardstick for measuring good governance. Section 14(1) states that, “the Federal Republic of Nigeria shall be a state based on the principles of democracy and social justice”. This is further re-echoed in Section 16 (1 and 2) of the 1999 Nigerian Constitution. Section 16 (1) a, b, c and d, says that, “The state shall, within the context of the ideals and objectives for which provisions are made in this constitution - Harness the resources of the nation and promote national prosperity and an efficient, dynamic and self-reliant economy; 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 status and opportunity; without prejudice to its right to operate or participate in areas of the economy, other than the major sectors of the economy, manage and operate the major sectors of the economy; Without prejudice to the right of any person to participate in areas of the economy within the major sector of the economy, protect the right of every citizen to engage in any economic activities outside the major sectors of the economy. Section 16(2) states that, “the state shall direct its policy towards - The promotion of a planned and balanced economic development; that the material resources of the nation are harnessed and distributed as best as possible to serve the common good; that the economic system is not operated 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 a group; and that 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 (Ogundiya, 2010).

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However, only government of accountability and transparency can guaranteed these sections of the constitution as stated above.

The United Nations Development Programme in 1997 spelt out principles or features of good governance to be:

· ParticipationAll men and women should have a voice in decision-making, either directly or through legitimate intermediate institutions that represent their interests. Such broad participation is built on freedom of association and speech, as well as capacities to participate constructively.

· Rule of lawLegal frameworks should be fair and enforced impartially, particularly the laws on human rights.

· TransparencyTransparency is built on the free flow of information. Processes, institutions and information are directly accessible to those concerned with them, and enough information is provided to understand and monitor them.

· ResponsivenessInstitutions and processes try to serve all stakeholders.

· Consensus orientationGood governance mediates differing interests to reach a broad consensus on what is in the best interests of the group and,.where possible, on policies and procedures.

· EquityAll men and women have opportunities to improve or maintain their well-being.

· Effectiveness and efficiencyProcesses and institutions produce results that meet needs while making the best use of resources.

· AccountabilityDecision-makers in government, the private sector and civil society organisations are accountable to the public, as well as to institutional stakeholders. This accountability differs depending on the organisations and whether the decision is internal or external to an organisation.

· Strategic visionLeaders and the public have a broad and long-term perspective

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on good governance and human development, along with a sense of what is needed for such development. There is also an understanding of the historical, cultural and social complexities in which that perspective is grounded.Vital to the attainment of these features of good governance is

communication. Communication is very vital for the people to participate in governance. In this present age, the mass media give everyone an opportunity to participate in government by sharing their views, by knowing government's decisions and actions in matters that affect them and by making constructive criticisms. The Buhari's government policy on whistle blowing is part of freedom of expression to fight corruption only if sincere approach is followed. Therefore, a driving force for good governance is freedom of expression, because it is the voice that tells the government what is expected of them and what is not expected of them. Freedom of expression allows views of minorities taken into account and that the voices of the most vulnerable in society are heard in all aspects of decision-making.

It is against this backdrop, that we shall examine freedom of expression and good governance.

Freedom of Expression as a Driving Force for Governance A study had agreed that the very nature of democracy suggests free and open communication through a variety of channels, which are necessary to foster critical practices found in democratic societies (Graham, Amos, & Plumptre, 2003). Asadu (2007) says people need political, economic, social and cultural information about what happens within and beyond their immediate environment in order to take informed and wise decisions. It is on this premises that we discuss social media and networking as instruments for good governance. Invariably, the above assertions imply that participation by the citizens through the mass media in governance is one of the underlying precepts of democracy. Therefore, communication serves as avenues through which the people participate in governance.

Highlighting the characteristics (interactivity, social presence, media richness, autonomy, playfulness, privacy and personalization) of the new media such as channels for freedom of speech, McQuail (2005) believes that media have great potentials for escaping from the oppressive 'top-down' politics of mass democracies in which tightly organised political parties make policy unilaterally and mobilise support behind them with minimal negotiation and grass-roots input (p.143 & p.151). In other words,

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they provide the means for highly differential provision of political information and ideas. Governments in Africa are very insensitive and indifferent to the plights of the people in ways that create barriers to change. Freedom of information and expression are but cast of shadows to oppressive regime in Africa but it still remains vibrant tool for liberty. This is why Ojekunle (2017) says that freedom of speech serve as a viable tool in advancing the cause of liberty in Nigeria Corruption is the strong barrier . not only to infrastructural development but also good governance in Nigeria, and Africa in general. The legal system and the entire socio-political structures are controlled by those in political power. There is huge gap between promise and performance paradigm in governance. To handle this, many social media and sites can help to promote good governance by involving in investigative journalism. For example, the Sahara Reporter is an online newspaper but when placed in the social media platform, serves as tool for good governance by reporting corrupt practices by public office holders.

The application of the information and communication technologies to the principles of good governance allows for the participation of the citizens in the expression of freedom of information and decision making; accountability of those in 'power' to the citizens, who put them there; transparency (where decisions taken and their enforcement were done in a manner that follows rules and regulations or due process, and where the people have right to public/government information); and right to information; consensus interest (good governance requires that a broad consensus on what is in the best interest of the whole community is reached). These principles imply that every individual, no matter how high or low, has a duty to promote the welfare of the community as well as a right to benefit from that welfare (Eboh, 2003). It requires a well organised and informed citizenry. Information is imperative to the act of governance. Information is the means through which those at the top and the bottom merge or converge. Information helps to monitor the implementation of government programme and policies. When information is well tapped, processed and harnessed into knowledge for good governance, then power is given to the people (Akpoghiran & Okoro, 2015). The denial of the freedom of expression is one of the factors that have always truncated good governance in Nigeria and in Africa by various regimes. On this, Adeseye and Ibagere (1999) note that it was sheer apostasy to express contrary views during the reign of Gen. Sani Abacha, where journalists were hounded into exile to avoid incarceration.

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Newspaper and magazines were seized and media organizations were sealed by security operatives. Such regime believes that for the media to exist, “it must operate to assist the government, never to criticize” (Adeseye & Ibagere, 1999: 113). A striking case against freedom of expression was when the then editor of the Nigerian Observer in 1996, Adekunbi Ero criticized the retrenchment policy of the then military administrator of the state (Edo state), Adamu Baba Iyam. Adekunbi Ero was dismissed immediately. Ken Saro-wiwa and eight Ogoni others were killed by the late Gen, Sani Abacha for expressing his views through protest against the incessant oil spills in farmlands and waters in Ogoni land by Shell Development Company. Gen. Sani Abacha received national and international condemnations that made Nigeria to not have many foreign benefits and supports. Freedom of expression is a strong driver for good governance. This is so because the degree to which we have freedom of expression through the press, the degree to which we have good governance. Again, we recall that in the military era, Decrees were churned out at whims to close down, seize publications and proscribe media houses. For example, Decree No. 4 of 1984 by Gen. Muhammadu Buhari (rtd.) was Public Officers Protection against False Accusation. The Decree wrongly protects public officers. It was promulgated to punish any person or media organization who publishes any form of message or transmission against public officer. Media laws of defamation, sedition, official secret act, invasion of privacy, contempt of court were not just to curtail the extremes of journalist but to cage freedom of press. These laws are not promotional in nature but restrictive in design. At such, the laws restrict good governance. In April 1, 1984, Tunde Thompson and Nduka Irabor were charged with publishing false statement against eight military officers tipped for ambassadorial posts. In April 6, 1987, the administration of Ibrahim Babangida (rtd.) proscribed the Newswatch magazine for six months for publishing the report of the Political Bureau set up by the government towards transition to democracy.

In the same vein, in November 24, 2003, the editor-in-chief of the Insider Watch magazine was arrested along two other editors of the same magazine for covering a story on purported oil bunkering scandal involving some top-shots in government. The arrest was made under official secret act. In the case of Cyril Mbah of the Monitor newspaper, the then President Obasanjo barred him from entering the State House in Aso Rock for alleged

rddamaging reports on the president. This happened on September 23 2003.

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As Ukonu (2004) notes “he was extra-judicially hauled out of Aso Rock by security agent” (p.201).

There are other many instances of assault on freedom of st

expression. On July 31 , 1989, Dele Alaka was detained for his story on the displacement of the over 3000,000 Maroko residents in Lagos. Also, the

thPunchpremises was sealed off by security men in April 29 , 1990 for publishing a story on the Orkar coup. Chris Mamah and Lawal Ogienegbon were detained. Two Vanguard newspaper reporters (Chris Okojie and Sam

thAmuka Pemu) were arrested on April 24 , 1990 in Lagos for writing stories

thon the Orkar coup. On August 20 , 1990, the premises of the Republic newspaper was sealed off for writing a story considered unfavourable to

thAdmiral Augustus Aikhomu. On May 29 , 1991, the Guardian newspaper office was closed down. The following these persons were arrested namely; Bayo Oguntimehin, Taiwo Akerede, Tunde Suleiman and Bernard Akparanta for publishing a story on two students of Yaba College of Technology that were shot by state security agents during students' demonstration in Lagos. In September 1994, the government proscribed the Punch, National Concord and the Guardian via Decrees no. 6, 7 and 8 of 1994. Also, the editor of the Week was detained for 140 days for a story on

ththe health of Gen. Sani Abacha and was released on May 7 , 1997 (the cases thcited in this paragraph were from, Ufuophu-Biri, 2016: 65-79). On the 6 of

January, 2019, the premises of Daily Trust newspaper was invaded by armed soldiers, a journalist was arrested. The army said the reason for the action was to invite the organisation's journalists responsible for the publication of a classified military operation plans. The article in the newspaper was said to have detailed a major military plan operation to flush out elements of Boko Haram from Baga and its environs. This may be connected to the insecurity in the northeast by the insurgent group- Boko Haram.

All these cases of the denial of freedom of expression indicated that freedom of expression is a weapon against bad governance and a driving force to promote good governance. It is an instrument for development. The essence of freedom of expression in governance is for those invested with the opportunity to exercise political power to get information about those over whom this power is exercised, and for the governed to receive information about political power (Adeseye & Ibagere-, 1999). That is, the extent of freedom of expression in any society whether democratic or not, is “contingent upon the social and political dynamics of that particular society because such dynamics determines the balance of the

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society” (p. 103). Central to the determination of freedom of expression, information and right to information is political power. Political power determines the movement of information and the kind of information, when, where, and how it should be received. If that is the case, freedom of expression is power itself. It is the power to criticize or correct, influence and change unpopular government policies, behaviour and project. This is what freedom of expression does for the citizenry. It promotes good governance.

Similarly, a journalist can only claim a right to access of information where there is freedom of the press. Freedom of expression is derivable from the degree of liberty which citizens of a nation have. As Folorunsho (2006) asked, can a journalist function effectively when he/she is restricted from sourcing for news or information in certain places? Or when he is compelled to register with certain bodies under restricted conditions, where laws are enacted to curtail the journalist? Certainly, on other institution other than the press is better suited to direct public debate and discussion on national issue. In line with this, some principles of a free press as outlined by Ukonu (2004: 195) are:

· Absence of baseless indictments, decrees and laws such as all

kinds of Newspaper Prohibition of Circulation laws;

· Absence of baseless restrictions (all restrictions not backed by

law for public good);

· Freedom of access to news and information

· Absence of pre and post publication censorship unless in case of

emergency like wars, national crisis or natural disaster. Unless there is freedom of expression and right to information,

there cannot be good governance. Freedom of expression is the bedrock of good governance. Government must understand that unless the press is allowed to work freely, there can hardly be any meaningful interaction between government and the citizenry (Ukonu, 2004: 205)

Theoretical DiscourseThe study is anchored on Public Sphere Theory. Modern research

on public sphere was made popular by the German social theorist, Jurgen Habermas in his post-doctoral thesis “The Structural Transformation of the Public Sphere” published in German in 1962 and translated into English language in 1989. Jurgen Habermas, the exponent of this theory, argued that

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society is becoming increasingly polarized into spheres of public authority on the one hand, and the citizens on the other hand. The pattern of communication in this sphere has been top-bottom. In the light of the Internet, the new electronic media, as McQuail (2010) sees it, have been widely hailed as a potential way of escape from the oppressive 'top-down' politics of mass democracies in which tightly organized political parties make policy unilaterally and mobilize support behind them with minimal negotiation and the grass-roots input (p.151).

Public sphere is one of the elements of democracy. It allows individuals to come together to freely discuss and identify societal issues or problem affecting them. In recent times, public sphere is related to the Internet or social media since it allows free speech. In most African societies where the system of communication is top-down, the social media allowed people to express their opinion freely without official restrictions.

In the light of this study, public sphere centres on freedom of expression and right to information which allows people to express and share their opinion in a 'social space' about any issue bordering them. The mass and social media are social space for the expression of opinion and collective solutions are developed. Public sphere is the central arena or market square or town hall meeting for societal debate, discourse and communication as a whole. The public sphere is not only to share opinion but it helps to influence people's opinion and decision on critical matters because it is public opinion.

Conclusion and RecommendationsIt is difficult to have good governance without freedom of

expression. Good governance is process that is employed by those in authorities to achieve the desired of the state. One of the processes or channels to achieve the desired of the state is through freedom of expression. However, various media laws and the acts of government at various times in the country have truncated the development of good governance in Nigeria. Good governance is not just the provision of social amenities and infrastructures but it involves collective sharing and expression of opinion which is a channel for collective development. Freedom of expression and right to information are frameworks for good governance. The various media laws should be reformed or refined to align with the tents of freedom of expression and right to information. Contribution to Knowledge

Many studies on freedom of expression or freedom of information

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in Nigeria have looked at press freedom as a basis to analyse or explain challenges of the press. Freedom of expression through the mass media have been discussed by various researchers on how the government has always fought the press or how the press fought for democracy in Nigeria but this study distinguish itself from others by showing that freedom of expression is a driving force for good governance. Absence of freedom of speech often leads to the exclusion of many from meaningful participation in society, and from the opportunity to better their own circumstances and advance their personal liberty. Freedom of expression is an index to good governance. Good governance is not just the act of providing the citizenry social services and but it is largely centred on the people's freedom to information and expression, which opens the doors for development. Development is centred on human or capacity development on not on machine.

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