Govt must follow rule of law in arresting, prosecuting journalists, says Oloyede

Professor of Journalism and Mass Communication, Redeemer’s University Ede, Osun State, Bayo Oloyede, has cautioned against treating journalists alleged to have infringed the nation’s publishing law like criminals.

Delivering the 15th Inaugural lecture of the school recently, he argued that the act of monitoring and abducting journalists is not acceptable, insisting the rule of law must be followed.

Speaking on the topic, ‘Journalism: A fertiliser and combustible for human rights activism,’ he noted, “the thrust of this inaugural lecture is a tribute to all individuals and journalists whose rights to free expression and free press have, at one time or the other, being repressed or violated. It is an acknowledgement to those who have been harassed, molested, illegally detained, or, like the Dele Giwas of this world, have been killed or caused to disappear on the basis of the due exercise of their rights of free expression and the press. It is also an eye opener and an encouragement to every global citizen to maximally exercise and defend all fundamental human rights and, especially, the foremost rights of free expression and free press.”

In addition, he reiterated the lecture is also a timely advice to the Nigerian security agencies and, inferentially, the Nigerian governments at all levels, to follow the law in their mode of arresting and prosecuting journalists suspected of infringing on Nigeria’s publishing laws.

To the don, information and evidences available in the public domain are to the effect that instead of politely inviting this set of people for interrogation, the law enforcement agencies lay a siege for, ambush and sometimes, arrest them in a kidnapping manner.

This, he noted, is not in tandem with the rule of law, which dictates that suspected offenders be presumed innocent until proven guilty.

Quoting Albert Venn Dicey, Oloyede observed one of the three elements of the doctrine of the rule of law is that it is “a law which hears before it condemns; which proceeds upon inquiry and renders judgment only after trial.”

To this end, he said there is, therefore, no room for suspects’ ambushing or kidnapping in our laws, in line with Sir John Latham’s solid notion, “it is not our law that what is done officially is law; our law is that what is done officially must be done in accordance with law.”

With respect to ‘unwanted publications’ by journalists and citizens, he added Nigerian governments, federal and states, are sincerely advised to adopt Zechariah Chafee’s three-pronged recommendations for maintaining delicate balance between freedom of expression and state or personal interests.

Speaking further, he stated a country’s press can only be as powerful as the political leadership and the citizens make it.

He identified six important factors that normally influence this reality such as, the role a country assigns to its press in its polity/affairs, as the press subscribes to the socio-political environment within which it operates; the sincerity of a country’s political leadership in allowing the press to play its assigned role; the competence and capability of a country’s journalists.

Other factors include, the courage of journalists and publishers in the face of governmental intimidation or persecution; the efficacy of the judicial system or judiciary and the general support of the citizenry for an ideal press.

Saying journalism and the press are often taken or assumed to be very powerful everywhere, he cited Emperor Napoleon Bonaparte that aptly captured the power of the press in his classical statement: “four hostile newspapers are more to be feared than a thousand bayonets.”

By powerfulness, of course, he said the press has the ability and capacity to influence people’s thoughts, beliefs and, consequently, actions.

A news or mass communication medium, he explained, conveying messages or information to thousands and millions of homes wields a great deal of influence and power.

This perceived power of the press, Oloyede noted, exercised through publicity, the death-knell of atrocities, seems to be more pronounced in the killing or curtailment of illegalities in fairly sane societies.

Making reference to Joseph Pulitzer, he said: “We are a democracy, and there is only one way to get a democracy on its feet in the matter of its individual, its social, its municipal, its state, its national conduct, and that is by keeping the public informed about what is going on.

There is not a crime, there is not a dodge, there is not a trick, there is not a swindle; there is not a vice, which does not live by secrecy. Get these things out in the open, describe them, attack them, ridicule them in the press and, sooner or later, public opinion will sweep them away.”

To practice Journalism effectively, he suggested the ideal journalist requires, at all times, a good dose of courage.

He advised further, “it is his duty to ferret out and publicise illegalities and atrocities in society through his reports. It is his onus to stand against injustice and oppression and expose them. Many a time, the unlettered perpetrators of these evils and atrocities do not understand, and where they do, do not take kindly to journalists and the press exposing them.”