Ordinarily, constitutions are meant to stipulate the powers of government, duties of citizens, state penalties, for erring parties,

and above all, provide protection for all citizens. The constitution may be written or unwritten depending on the choice of a country. Similarly, they are made, reenacted, and reviewed to suit certain sections or the whole. For the basis and inspiration for any nation is its constitution, for it reveals the principles of its founders, and gives direction to their successors. Nigeria, as a country has had many constitutions. The Clifford's 1922; Richard's 1946; McPherson's 1952; down to the independent (1960) constitution; Republican 1963; 1979; and the present 1999 which is an amendment of the 1979 constitution. The existence of these constitutions defines the society with many elements; the media, police, government, armed forces, citizenry among others. Their duties and obligations are also clearly stated. The press, which is an integral and indispensable element of the society, exists for the society. It derives its powers to function from the constitution. As stipulated in Chapter II section 22 of the 1999 constitution, hence: 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. This provision implies that the press shall be a watchdog over the excesses of government, and shall ensure that government delivers it promises to the people. The government on the one hand shall ensure that the press informs the people about its programmes and actions. The free society which comprises of people of different ethnic, religious, socio-economic backgrounds are also entitled to free information, as such chapter II section 39 subsection (1) of the 1999 constitution states: Every person shall be entitled to freedom of expression, including freedom to hold opinions and to receive and impart ideas and information without interference. Subsection (2) states that: Without prejudice to the generality of subsection I of this section, every person shall be entitled to own, establish and operate any medium for the dissemination of information, ideas and opinions. This section includes among the fundamental rights of the citizens, the right to know and be heard by all. It also stipulates the duties of both the press and the citizens. However, the fact that this provisions defines their duties (press & citizen), does not in any way guarantee their going beyond the constitution to seek information and disseminate same. Freedom of the press though fundamental is not absolute. The Journalist in the practice of his/her profession is often subjected to the ordinary laws of the land. These laws usually come into play while the reporter is gathering news or during the story's publication.

Ideally, Freedom of the press should include the freedom to gather news, write it, publish it and circulate it. But in most cases, Journalism is vulnerable by the nature of its ownership, audience, and political machinations. These laws that restrict the freedom of the press include, Defamation, Sedition, Contempt of court, and the Official Secret Act. The law of defamation is concerned with destruction of reputation resulting from words: written or spoken by journalists. It can be in the form of an article, or it could be broadcast. This exposes a person to hatred, ridicule and contempt, lowers him/her in the right-thinking person or an imputation on him/her disparaging or injurious to the person's office, profession, calling, trade or business. Sedition is broader than the latter; it is the wage of words that tend to encourage people to rise or oppose a constituted authority or government. Example, In a suit filed by the FG against AIT and Independent Newspaper in a publication of Daily trust of October 11, 2006, reveals that FG had withdrawn her suit against AIT and retained that of Independent Newspaper Limited (INL) on what it calls a seditious act in the Daily Independent of June 12, 2006, entitled "Controversy Over the Age, Cost of Presidential Jet". However, the INL aviation correspondent, Rotimi Durojaiye maintained that the organization is ready to prove the factuality of the supposedly seditious story. Contempt of court is said to take place when a Journalist influences the decision of a Judge of a court of law or reports a court proceeding falsely. The Official Secret Acts is mostly connected to governmernt parastatals. Here, journalists are prevented from seeking and discovering information in areas that are regarded as "Security Importance" to the nation. The areas could be Military Armory, oil rims etc. The generality of these laws provide a working syllable for the press. Similarly, they guide the behavioral conduct of Journalists. Interestingly, one may ask the question, why is the free practice of Journalism circumscribed by the constitution? Isn't the constitution supposed to be a guide for the press? Aren't the publics interested in knowing what goes on in and outside the society? FRIDAY, JANUARY 11, 2013 DISCOURSE ON PRESS FREEDOM IN THE NIGERIAN 1999 CONSTITUTION The 1999 edition of the Nigerian constitution was hurriedly put together by the military ruling class ignoring the yearnings of most Nigerians. The constitution can be said to be an imposed document forced consciously or unconsciously on Nigerians. The constitution lack general consensus of Nigerians and that is why it is a controversial document subject to national debate. Section 22 of the constitution which attributes press freedom is not decisive on the issue of press freedom although it specified that the press shall be free to uphold their fundamental objectives

as contained in the section which means beyond those objectives, freedom of the press is restricted. "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." Corroborating this statement, section 39 which is about freedom of expression and the press also provides the following: 1. Every person shall be entitled to freedom of expression including freedom to hold opinions and to receive and impart ideas and information without interference. 2. Without prejudice to the generality of subsection(1) of this section every person shall be entitled to own, establish and operate any medium for the dissemination of information, ideas and opinions. Provided that no person, other than the Government of the federation or of a state or any other person or body authorized by the president, on the fulfillment of conditions laid down by an act of the National Assembly, shall own, establish or operate a television or wireless broadcasting station for any purpose whatsoever. 3. Nothing in this section shall invalidate any law that is reasonably justifiable in a democratic society. Apparently, section 39 provides that without prejudice to subsection (1) of the same section that "every person shall be entitled to own, establish and operate any medium for the dissemination of information, ideas and opinion." However, this statement is accompanied with terms and conditions limiting its complete actualization. Subsection (3) section further said "nothing I this section shall invalidate any law that is reasonably justifiable I a democratic society. But how many laws are reasonably justified today I Nigeria? Laws are only being created to suit the desire and aspiration of the elite class. Although the constitution (section 39) made provision for the enforcement of right of expression but be ready for the consequences or implications that may follow. In other words, you are allowed to voice out your opinion or view but also be prepared to be held responsible for any misdeed inherent in such expression. The press (journalists) also has the same right to perform their duties as the steward of the society through publication or broadcasting. However, freedom is limited in one way or the other as earlier indicated. Looking inwardly or connotatively, one can say to certain extent that freedom of the press is partially enshrined in the 1999 constitution. Technically speaking, when you have the right to express your views and opinion, then the right to access information is a complement. Section (22) of the constitution says the press shall be allowed to carry out their responsibility to the society but the section failed to specify clearly the issue of press freedom. Indirectly, the press can practice freely but not clearly stated to erase further confusion of whether there is press freedom or not. An ordinary reader of the constitution may not support this claim because the section is cumbersome. Therefore, one cannot arrive at a final decision that freedom of the press is in the constitution. The section is subject to judicial interpretation. Nevertheless, the passage of the FOI bill by the legislature has partially made it easy for press freedom to thrive. the 1999 constitution guarantees freedom of expression and of the press, but Nigeria's vibrant and active media sector continues to face numerous attempts by state and nonstate actors to suppress political criticism and intimidate journalists into silence. On a positive note, 2011 saw significant improvement in the legal environment with the signing of the Freedom of Information

(FOI) Act by President Goodluck Jonathan. The new legislation is the result of a decade-long advocacy campaign led by civil society groups and media practitioners, and guarantees citizens' right to public information. Its passage made Nigeria the second country in West Africa, after Liberia, to adopt a comprehensive right to information law. Until the passage of the law, access to official information remained restricted by provisions in the 1962 Official Secrets Act and the criminal code, which creates various press and speech offenses, including sedition, criminal defamation, and publication of false news. Whether the recently passed FOI Act will negate the provisions of some of these laws remains to be seen. Libel is a criminal offense, and several journalists have been charged in recent years. In November 2011, Olajide Fashikun, editor of the National Accord newspaper, was arrested after alleging in a series of articles that there is corruption in the Nigerian Football Federation (NFF). At year's end, he was awaiting libel charges by the NFF. The National Broadcasting Commission (NBC) is responsible for licensing broadcast media and upholding the broadcast code. Some critics allege the commission's processes and decisions can be opaque and politically biased. In October 2010, President Goodluck Jonathan announced that the government was giving the NBC full authority to consider and issue licenses, including those for community radio, without obtaining final approval from the presidency, provided applications "have met all the conditions stipulated by law." Despite the announcement, there has been no indication that an amendment to the law establishing the NBC and its charter is pending before the National Assembly to support the change in the commission's mandate. In 1992, the military government of General Ibrahim Badamasi Babangida created the Nigerian Press Council to regulate a wide range of media policy, including ownership, registration, and journalistic practice; a 1998 amendment to the decree continued to impose fines and possible jail sentences on noncompliant journalists. The council had a board of 19 appointed members with few media representatives, as industry groups refused to cooperate in nominating members to the board. With the return to civilian rule in 1999, local media advocacy groups challenged the constitutionality of the repressive decree, and in July 2010, a Federal High Court nullified sections of the Nigerian Press Council Act as unconstitutional, rendering the act powerless. The federal justice in the case, A.M. Liman, called the law "a bulwark against the free expression of opinion, ideas and views whether by individual journalists or by the press," concluding that the act was "a gross violation of the right guaranteed under Section 39 of the constitution." Despite the backing of the federal courts in attempts to extend protections for a free press, Nigeria remains a dangerous place to practice journalism. Sharia, or Islamic law, courts-which operate in 12 northern states-demonstrate antagonism toward free expression, and Sharia statutes impose severe penalties for alleged press offenses. A major threat to press freedom and general public safety in 2011 was the violent campaign by the militant Islamist sect Boko Haram, whose wave of bombings, assassinations, and intimidation claimed hundreds of lives during the year. The group is seeking to impose strict Islamic law over all of Nigeria. In October, the group carried out one of its most brazen attacks on journalists, when members shot and killed Zakariya Isa, a reporter and cameraman for the state-owned Nigerian Television Authority (NTA), as he covered the aftermath of one of the sect's bomb attacks in the northeastern city of Maiduguri.

Other acts of intimidation against the press in 2011 included more than 30 attacks on press freedom in the period leading up to the April presidential, legislative, and gubernatorial elections. Journalists were frequent targets of ill-disciplined police and State Security Service (SSS) agents, who arrested and detained them for brief periods without judicial or legal authorization. Separately, in October, police raided the offices of the Nation, seeking information about how the newspaper had obtained a letter from former president Olusegun Obasanjo to President Jonathan outlining Obasanjo's desire for Jonathan to replace the leaders of the Petroleum Technology Development Fund and four other agencies with his own candidates. After newspaper staff refused to disclose such information, police arrested four editors and two journalists; however, they were all released and charges against them were never filed. A number of journalists' murders in recent years remain unsolved. Some journalists practice self-censorship on sensitive political and social issues.