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Security onslaught on news media
IN just five days between September 4 and 9, the State Security Service (SSS) came down hard on some media outfits in a manner suggestive of repression and disrespect to the Nigerian Constitution. In one instance, the SSS stormed the premises of the Insider Weekly magazine, arrested three of its staff and laid siege on it, effectively shutting it down. In another instance, on Thursday, September 9, one Mr. Isaac Umunna, an editorial consultant to the Global Weekly Star, another weekly newspaper, was reportedly arrested and detained since then.
Incidents of this nature were fairly common place during the military era. Even then, such actions were condemned for their brutality and violation of existing laws. That such abuse of civilian ethics is taking place now is a reminder that all is not well; and that our security authorities are still largely suffering from the culture of military hangover. When the 1999 Constitution guarantees freedom of expression and other fundamental rights, it does not envisage that there would be no breach of those rights. What it does is to permit the redress of those breaches through constitutional and legally recognised avenues, without further abuse of due process by either the complainant or the opposing party.
The reported scenario of the SSS action is worth re-enacting. On September 4, 2004, about 20 men of the Lagos State section of the SSS invaded the premises of Insider Weekly magazine and that of its printers in Ogba, Lagos. During the raid, the men reportedly broke into 16 offices, arrested the production officer, Mr. Raphael Olatoye; took away files and other documents from the corporate safe. Besides, the SSS impounded 15,000 copies of the magazine, all the production plates, computers, diskette, laptops, photographic equipment and N500, 000 cash. The security agency locked the gates with chain and returned the next day to arrest and detain two more of the magazine's staff.
The invasion and forceful closure of the magazine by men of the SSS is a matter of grave concern for all lovers of democracy and constitutional government. A civilian government is subject to the constitution of the land and due process of law. The invasion and closure of the magazine is a clear breach of the norm of democracy, the Nigerian Constitution and the rule of law. It is a violation of the constitutional responsibility of the press and should be condemned accordingly.
Rightly in our view, watchers of democracy and freedom have described the attack as the most brazen on freedom of expression and on a media house, since the past authoritarian era of military dictatorship. The SSS has so far not denied its action. Instead, it has tried to defend it with the argument that it acted within the framework of a new "grand strategy for national security", the core principle of which it says is the protection of the security interest of all individuals, communities, ethnic groups and institutions in the country. The SSS also stated that it respects the rule of law and freedom of expression, and that regardless of its actions, it still recognises the role of the media, as the fourth estate.
It is difficult to justify the agency's action on its stated premise. But the more worrisome, perhaps, of its attempted rationalisation of the invasion was the argument that its action was prompted by its frustration in dissuading Insider Weekly from its repeated assault on the person of the President. The agency argued that the President deserves respect, enjoyment of his freedom and that it (SSS) could not stand by idly and allow what it called an "irresponsible and unprofessional medium" to violate these rights or ridicule the president. Besides, the SSS said the magazine was guilty of libel, sedition, subversion and treason.
So far, no fewer than six organisations, apart from several individuals, have criticised the SSS action. They include the Nigerian Union of Journalism, (NUJ), Media Rights Agenda (MRA), Centre For Free Speech (CFFS), International Press Centre (ICPC), Journalists for Democratic Rights (JODER), Lawyers League for Human Rights, Freedom House/Nigeria and World Association of Newspapers (WAN). We share their alarm at the new profile of the SSS that borders on arbitrary disregard for the rule of law as well as arrogation of legislative cum judicial powers upon itself. If the action so far taken by the SSS in the last 10 days or so are the bases of its proclaimed reform, we fear that the reform does not portend well for the growth of constitutionalism and democracy in the country.
Our fear is heightened by the agency's action on Global Weekly Star which it similarly raided even in the heat of anger and criticism in respect of Insider Weekly. As if it cared less about the public's outcry, the SSS reportedly abducted the wife and child of the editorial consultant of Global Weekly Star. The SSS ought not to be so brazen as to trample on the rights of the media on the excuse that it is protecting the personal freedom of the President. The statutory objectives of the agency are much more fundamental than the president's personal protection from press comment. As the head of a Nigerian nation of 120 million people with problems on all fronts, the president is open and subject to public criticism, be it from the media or the public generally. And he ought not to be over sensitive about this.
Where however, there is genuine breach of law by an individual or group, government should allow due process in rectifying such breach. It is unacceptable for the SSS to insist that Insider Weekly magazine was guilty of libel, sedition, subversion and treason when the magazine has not been so indicted by a properly constituted court of law. In the same vein, it is difficult to understand why the SSS would arrest Umunna's wife and child. The SSS should not need to be reminded that an accused person, under our law, remains innocent until proved guilty. In addition, the SSS should appreciate not just the local constitution and other laws, but also various international treaties " of ECOWAS, African Charter of Human and Peoples Rights as well as the United Nations " to which Nigeria is a signatory. These treaties and laws are meant to be respected, not violated the way the SSS is doing.
It is imperative therefore that the security organ retraces its steps in the two recent instances of its abuse of free expression. The only option is for the SSS to follow due process in challenging whatever wrongs the affected media outfits may have committed. Meanwhile, it should release all the persons it has arrested.
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