Revoke the license granted
to such wireless telegraphy station under the provision of
the wireless Telegraphy Act, 1961: or
Order the closure or forfeiture to the federal Military
Government, as the case may be, of the wireless telegraphy
station concerned.
Any person found guilty of an offence under this Decree
shall be liable on conviction to be sentenced to
imprisonment for a term not exceeding two without the option
of a fine: and in the case of a body corporate, to a fine of
not less than N10, 000.
Where an offence under this decree has been committed by a
body corporate, every person who at the time of the
commission of the offence was a proprietor, publisher,
general manager, editor, secretary or other similar officer
of the body corporate or was purporting to act in any such
capacity shall be deemed to be guilty of that offence unless
he proves that the offence was committed without his consent
or connivance, and that he exercised all such diligence to
prevent the commission of the offence as he ought to have
exercised having regard to the nature of his functions in
that capacity and in all circumstances.
Where a body corporate is convicted under the decree, the
tribunal may, in addition to any other penalty, order all or
any of the equipment of the newspaper or wireless telegraphy
station, with which the offence was committed, to be
forfeited to the Federal Military Government.
A public officer under the Decree is any person who holds
any office in the public service of the federation or of a
state as defined in the constitution of the Federal Republic
of Nigeria 1979 as affected by the constitution (suspension
and modification) decree 1984.
The Commencement date of this Decree was May 17, 1984. The
decree stipulated, for the avoidance of doubt, that decrees
and in appropriate cases edicts were supreme over modified
or unsuspended provisions of the 1979 constitution. It
stopped all actions in Court questioning certain procedures
taken in enforcing provisions of decree No. 2 under which
politicians and lots of other persons were detained.
Nigerian Media Council Decree 59 of 1989 was meant to
professionalise journalism by providing for minimum
qualification for practice, registration for journalist, and
a press council to adjudicate on complaints. The press
council did not take off because of complains from media
practitioners.
Nigerian Press council No. 85 of 1992, repeated the media
Council decree, provided for a press council to adjudicate
on complaints against media performance, registration of
journalists by the NUJ and the use of NUJ's code of conduct.
After the first life span of the board, a tenure of three
years, the board was reconstituted but not inaugurated to
enforce its pronouncements.
National Broadcasting Commission decree No. 38 of 1992
provided for private involvement in broadcasting which under
the constitution had been a monopoly of government. It
provided for the establishment of the National Broadcasting
Commission to regulate broadcasting in the country. Section
2(2) of the decree 38 of 1992 provides that “no person shall
operate or use any apparatus or premises for the
transmission of sound or vision by cable, television, radio
satellite or any other medium of broadcasting from anywhere
in Nigeria except under and in accordance with the provision
of the decree. The Commission was empowered to issue, renew
and revoke broadcast licenses.
Treason and Treasonable Offences decree No. 29 of 1993
provided for punishment of journalists whose reports on,
say, military coups could make them part of the consequences
of failure.
Offensive Publications (proscription) Decree No. 35 of 1993
provided for stopping publications deemed to have been
offensive from circulating.
Newspaper decree 43 of 1993 provided for registration of
newspapers which would be renewed annually on proof of good
behaviour on the part of the publication. The decree was an
updating of the newspaper Act of 1917. It was abrogated in
1999, but the registration function was assigned to the
Nigerian Press council.
Newspapers etc (Suspension and prohibition from circulation)
decree No 48 of 1993, effective from July 21, 1993. Under
the decree many newspapers, including the concord and punch
groups were barred from being published and circulated in
Nigeria or any part of it. The decree would be in force
“until such a date as the appropriate authority by an order
published in the gazette specify”. The appropriate authority
was “the president, commander-in-Chief of the Armed Forces”.
The constitution suspension and modification) decree No. 107
of 1993 which destroy all that had been built up towards
return to civil rule and re-established full military rule.
State Security (Detention of Persons) (Amendment) (No. 2)
Decree 14, barred the courts from asking that any body be
produced.
Nigerian Press Council (amendment) decree No. 60 of 1999,
which amended decree 85 of 1992 and was intended to give
more teeth to the council. Up to now the council has not
been inaugurated because the Nigerian Press organization is
in court opposing certain provisions in the decree. Another
issue more fundamental is even being raised by some of the
media owners whether there is a need for a regulatory body
the government funds, and it therefore in a position to
dictate to.
It is trite fact that the existence of the Press is
constitutionally based in section 22 of the 1999
constitution and the ethical base on the Press is found in
the professional code of conduct drafted long after its
founding in 1955, Nigeria Guild of Editors Code drafted at
its founding in 1962, Nigeria Press Organization Code, NPO
code drafted in 1979 and recognized by law in establishing
the Nigerian Press Council decree of 1992 which repealed the
Nigerian Media Council Decree of 1987. With the democratic
dispensation that came into being on May 29, 1999, there is
return of due process. There is also the Constitutional
provision which state that anyone who claims any right or
obligation must point to in support of his claim. No one may
do anything which is not consistent with the provisions of
the constitution. It is submitted that all the laws that
exist in our status books must conform with the provisions
of the constitution. Many are such laws, some of which the
military regime abrogated on departure in May 1999. Herein
listed are the decrees, as they affect media practice, which
ceased to have effect on the departure of the military.
Constitution (Suspension and Modification) decree No. 1 of
1984, State security (Detention of person) decree No. 2 of
1984, Public Officer (specific Provisions) Decree No. 17 of
1984, Military Courts (Specific Powers) decree No. 23 of
1984, treason and other offences decree No. 29 of 1993,
Constitution (suspension and Modification) decree No 107 of
1993 and The newspaper decree of 1993 was also abrogated and
its rights, interests and staff transferred to the Nigerian
press Council established under the NPC Decree of 1992.
Aside of the laws cleaned out of our status books to enable
democracy to work; there must be a yardstick for measuring
rights and obligations. That yardstick if the Constitution,
which only the courts of the land can interpret in the event
of any doubts. It is this Constitution that has been granted
to the press certain rights and obligations. What therefore
does the Constitution say about the press? Put in another
way, where in the Constitution do we look for the rights,
which the press can lay claim to, and the duties, which it
must perform?
It is submitted that the 1999 Constitution of the federal
Republic of Nigeria contains some provisions which must be
read together to have an idea of the constitutional base of
the Nigeria Press. These are: Section 6(6) (c) bears courts'
enforcement of Chapter 2, Section 13 duty of organs of
government to conform to Chapter 2, Section 22 duty of the
press to monitor governance, Section 39 freedom and mode of
media ownership, Section 45 Restriction on and Derogation's
from right under sec. 39, thus making room for laws in our
books and Section 46 0 enforcement of fundamental rights by
High Court.
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