JUDICIARY AND THE ROLE OF THE MEDIA IN DEEPENING NIGERIA DEMOCRACY [ A KEYNOTE ADDRESS AT THE OPENING OF THE NUJ WORKSTATION THIS 3OTH DAY OF JUNE, 2025, BY L.U.N. NWAKAETI ESQ, CHAIRMAN NBA OWERRI BRANCH 2016 TO 2018]

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JUDICIARY AND THE ROLE OF THE MEDIA IN DEEPENING NIGERIA DEMOCRACY [ A KEYNOTE ADDRESS AT THE OPENING OF THE NUJ WORKSTATION THIS 3OTH DAY OF JUNE, 2025, BY L.U.N. NWAKAETI ESQ, CHAIRMAN NBA OWERRI BRANCH 2016 TO 2018]

INTRODUCTION

Since the days of the Ancient Greece, the concept of democracy has been subject to redefinition by various scholars and politicians and it has evolved across the world to become different things to different countries with different democratic cultures, while still maintaining the underlying ethos of the people’s power. The judiciary and the media occupy an indispensable place in any democratic society and its role cannot be overemphasized.

The word “democracy” is derived from two Greek words “demos” meaning people, and “kratos” meaning power; this brings to mind the famous definition by Abraham Lincoln [Gettysburg 1863] where defined democracy as the “government of the people, for the people and by the people.”
Albert Camus in defining it also stated thus “Democracy is not the law of the majority, but the protection of the minority.
Thus, democracy presupposes the power of the people which largely depends on the will of the people.

THE ROLE OF THE JUDICIARY
The judiciary is the Cornerstone of democracy, the gatekeeper of democratic values, serving as a guardian of the constitution, protector of fundamental human rights and promoter of the rule of law. Its independence is vital in ensuring that justice is served without fear or favor. The role of the judiciary in any democratic state cannot be overemphasized and is inclusive but not limited to;

Safeguarding/Upholding the Rule of law: One cannot discuss the judiciary without recourse to the rule of law. The hallmark of the rule of law is equality. While the citizens are conducting themselves in line with the laws of the land, the leaders are equally ruling the society with reference to generally and legally accepted rules of conduct. Oputa, JSC in Governor of Lagos State v. Ojukwu conceptualized the rule of law thus:
“The rule of law presupposes that the state is subject to the law, that the judiciary is a necessary agency of the rule of law, that the government should respect the rights of individual citizens under the rule of law, and to the judiciary is assigned both by the rule of law and by our Constitution, the determination of all actions and proceedings relating to matters in disputes between persons, governments or authority”.
The judiciary has a foremost duty to ensure all actions by individuals and government officials comply with the law by interpreting and applying the law fairly and impartially and holding individuals and the government accountable to the law.

Protecting Fundamental Human Rights: the judiciary is charged with safeguarding citizens’ rights and freedoms. Section 36(1) of the 1999 Constitution (as amended) provides thus:
“In the determination of his civil rights and obligations, including any question or determination by or against any government or authority, a person shall be entitled to a fair hearing within a reasonable time by a court or other tribunal established by law and constituted in such a manner as to secure its independence and impartiality.”
The Judiciary thus promotes justice by protecting the rights and freedoms of citizens, including the right to a fair trial and the protection from unlawful detention or punishment without delay.
Checks and Balances: The judiciary helps to prevent the abuse of power by the executive and legislative branches as well as to maintain balance between same. This also helps in promoting accountability and transparency as well as curb corruption and abuse of power by those in government
Dispute Resolution: The Judiciary plays a key role in resolving disputes between individuals, businesses, and other entities including electoral disputes to maintain public confidence in the democratic process. This contributes to societal order and stability; to mention but a few

Very recently in Nigeria, it is sad to posit that the concept of judicial independence and as the last hope of the common man is in the reverse gear and largely observed in the breach. Recent decisions of the courts on established issues of law which lawyers call judicial precedent has been largely abused even by all categories of courts. The role of the judiciary seems to be hanging in the air and can be likened to a nonexistent concept. The system is said to be independent in theory but in practice, easily manipulated by the other arms of government. The age-long principle of “separation of powers” which allocates the governmental functions of law-making, enforcement/execution and interpretation respectively to the legislature, the executive, and the judiciary as organs of the state cannot be said to be functional.

The power to make and enforce laws ordinarily resides with the people but this is not the case as democracy in Nigeria is severely weakened and the rule of law and individual rights and liberties are largely in abeyance and or lies at the whims and caprices of the powerful minority.
Rather than operate independently from the other branches of government, the exercise of the powers and functions of the judiciary has now become subject to political interference or influence and as such has failed in meeting the desired expectation as the last hope of the common man.

The above scenario is as a result of a plethora of factors threatening its effectiveness, and includes Judicial Corruption; Inadequate Funding and Resources; Political Interference; Case Backlogs/delays and lastly the Appointing Process…
This last aspect in my view has turned appointment into judicial offices as hereditary right, spousal gift and influence peddling. It is no longer based on merit as it then was.

To curb these factors and better fulfill its role in a democratic society, the judiciary in Nigeria must continue to improve its efficiency and effectiveness, address corruption and misconduct, and strengthen its collaboration and coordination with other institutions and stakeholders.
The judicial arm of the government must assert its independence being a body created by the 1999 Constitution, namely Sec 6 thereof, same as the other arms of government. It is instructive to note that none of the other 2 arms of government can by fiat limit or remove the powers of the judiciary. In other words, the judiciary being a creation of the constitution derived its powers from the constitution and neither from the executive nor legislature. See section 6(4)(a),(b) of the 1999.

Thus, there is no doubt that a functional judiciary will not only check the abuses of power by the government and its agencies, but it will also be capable of managing conflicts which are bound to result from unwholesome rivalry for political powers. All efforts must be directed towards having a judiciary that would be able to play its historic roles of safeguarding civil liberties, the rule of law and democratic tenets. This is because a smooth and effective administration of justice involves the mutual co-operation among the stakeholders in the justice administration system such as the bench, the bar, the police, the correctional centers, all other law enforcement agencies of government and the general public. This will help to ensure that the Judiciary can effectively fulfill its role in upholding the rule of law and protecting the rights and freedoms of citizens, ensure that justice is served in a timely and fair manner, bearing in mind the age long cliché that justice delayed is justice denied.

Finally, to be more efficient the judiciary in Nigeria, needs not just be well and adequately funded; but appointment to the judicial system should not be subject to the whims and caprices of the executive but must be strictly done on merit. (take into cognizance the recent NJC’s verdict in Imo state); Judicial officers should be intellectually and morally sound and knowledgeable in the dispensation of justice, Only persons who are competent, upright, highly disciplined and courageous, ready and bold to dispense justice without fear or favor regardless of who is involved, should be appointed as judicial officers.

THE ROLE OF THE MEDIA

The media on the other hand, is also a powerful compass. A moral, directional and opinion compass which plays a crucial role in shaping a healthy democracy and instilling democratic values among the people. The media is pivotal in democratic consolidation, particularly during elections, ensuring transparency and credibility by providing avenues through which citizens can demand accountability from their political leaders and representatives.
Some of the roles played by the media in deepening democracy includes
Promoting Good Governance by Investigating and exposing corruption, abuse of power, human rights violations, scrutinizing government actions/policies and holding public officials accountable.
Promoting Transparency by providing accurate and unbiased information to the public.
Fostering Public Debate by encouraging critical thinking and public engagement.

Section 22 of the 1999 Constitution recognizes the import of the media for sustainable democracy and provides thus;
“The press, radio, television and other agencies of the 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.”
To understand the very critical position of the media in every democratic setting, the above section must be read alongside Sec 39 (1), (2), which further provides as follows;
39(1) Every person shall be entitled to freedom of expression, including freedom to hold opinions and to receive and impact 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…

In today’s democratic Nigeria, the responsibilities of the media have widened to include notable social responsibilities such as facilitating political discourse, educating voters and watchdogging electoral processes. Many African leaders today claim to run their states by supposedly adhering to the tenets of democracy, but fail to fully implement the ideals of democracy. They fail to allow a free press by curtailing people’s freedom of expression, muzzling the media, and turning the media to state apparatus amplifying government’s policies and threats alone. This is unfortunately the case in Nigeria today, with Imo State as a case study.

The media is expected to empower the people by subjecting those in authority to critical scrutiny which ought to be done through investigative journalism. Investigative journalism probes government malfeasance through a series of investigative procedures and if done thoroughly could unravel sharp practices in government as well as hold government accountable. However, even though some media, especially, the print media still do this, the fervor of investigative journalism is eluding African countries especially Nigeria. This is as a result of
Cost of investigative journalism: Investigative journalism is very costly both in terms of money and human resources. Many journalists have lost their lives in the course of investigating top secret government malfeasance, and many media organizations, especially privately owned, have been muzzled through direct attack or repressed by policies of government.
Media House: Most media organizations are owned by former governors or politicians or friends to government, some of the privately owned broadcasting organizations are affiliated to some powerful politicians and owned by business people cum politicians. For instance;
Daily Independent owned by James Ibori, former Governor of Delta State
The Sun owned by Orji Uzor Kalu, former Governor of Abia State
The Nation and TVC owned by Bola Ahmed Tinubu
The Westerner and Compass, owned by Gbenga Daniel Former Governor of Ogun State, etc.

From the above, it is instructive to note that some of these media houses instead of objective reportage for the primary purpose of informing, enlightening and educating the populace are rather instruments in the hands of the powerful owners to further their political interests. In other words, they have become mere extensions of the partisan leaning of their respective owners. With this structure, one wonders why there seems to be no serious investigative journalism in Nigeria whereas no media owner would use his media apparatus to inhibit fellow friends in the seat of government.

Other challenges facing the media include;
Government Interference and censorship which undermine the media’s ability to report freely.
Safety Concerns: Journalists face safety concerns, including harassment, intimidation and violence.
Fake News: The spread of fake news undermines the credibility of the media and public trust.

To curb these issues, it is paramount for state media owners and practitioners to know that, though they should make profit, the instrument of their work is so powerful that it affects people’s lives and as such see their obligation to the public as very vital.

Furthermore, media practitioners, especially government owned, should endeavor to stick to their professional code of conduct and not kowtow sheepishly to government officials or functionaries, by involving in deplorable acts such as brown enveloping, doctoring news stories to suit people in positions of authority, against sound professional standards. Such misconduct by media professionals detracts from responsible media practice that can deepen democratic values and should be avoided.

Similarly, the content of the media should reflect the culture, norms and moral of the society within which the media is located. Social media has now stepped in to fill the lacuna by the traditional press and people can now from the comfort of their homes air their opinions however flawed and malicious same can be. We are now in the area of fake news and news manipulation using artificial Intelligence etc.

I sincerely believe that this dangerous era has become prevalent as a result of the abdication of its traditional responsibility by the traditional prints and electronic media.

THE ROLE OF THE NATIONAL BROADCASTING COMMISION (NBC)

The NBC is created pursuant to the National Broadcasting Commission Act Cap 11 LFN 2004. The primary function of the NBC is to regulate the media. I am however worried that the recent activities of the NBC run contrary to the provision of the constitution which clearly guarantees free speech. It is to be noted that the constitution is the principal law or grund norm in Nigeria and therefore no piece of legislature can purport to run in conflict with the provisions of the constitution. When such happens, or where there is a likelihood of same, that law or piece of legislature will to the extent of that inconsistency be null and void.

I am of the considered view that the NBC as a body and as presently constituted is not a necessary vehicle in a constitutional democracy where free speech is guaranteed with necessary legal safeguards. This is because if a publisher in the course of publishing a story defames either a person in authority or a private citizen, he is liable to civil/criminal libel. I strongly contend that if there are enough safeguards against irresponsible journalism provided in our laws, which I contend there are, what then is the usefulness of the NBC? I can only conclude that the NBC, as presently constituted, and as a body being a relic of military dictatorship has no place in a constitutional democracy.

CONCLUSION

The judiciary and media are crucial institutions in Nigerian democracy and to strengthen democracy, we must ensure the independence, impartiality, transparency, accountability and effectiveness of these institutions and address the challenges faced by them. The media must continue to promote good governance, transparency, and accountability. The judiciary should as a matter of duty hand down purposive and expansive decision in support of the freedom of Information Act and the freedom of the press. This it can do by striking down anachronistic legislations that run foul of the clear provisions of the Constitution that guarantee free speech. Equally to be voided by the courts are actions of some agencies of the executive arm that tend to muzzle free speech. It is not sufficient to pay lip service to the freedom of the press; the judiciary should ensure that penal punishment is meted out to anybody who infringes on the constitutional privileges of the press and of the people.
The Judiciary must strive to make court proceedings and decisions more open to the public and with the aid of the media; this will help improve accessibility and transparency.
By working together, they can help in building a more robust and sustainable democracy that benefits all Nigerians.

Thank you for your time,

L.U.N. NWAKAETI ESQ

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