Freedom of the Press 2008 - Nigeria

Status: Partly Free
Legal Environment: 14 (of 30)
Political Environment: 22 (of 40)
Economic Environment: 17 (of 30)
Total Score: 53 (of 100)
(Lower scores = freer)

The year 2007 was marked by state harassment of the private media in advance of presidential elections in April, in which the ruling People's Democratic Party (PDP) candidate Umaru Musa Yar'Adua was elected to replace Olusegun Obasanjo. Following the elections state harassment of the media decreased somewhat.

Although the 1999 constitution guarantees freedom of expression, of the press, and of assembly, the state often uses arbitrary actions and extralegal measures to suppress political criticism and expression in the media. Libel remains a criminal offense, and under Nigerian law the burden of proof rests with the defendant. Criminal prosecution also continues to be used against journalists covering sensitive issues such as official corruption, separatist movements, and communal violence. In addition, Sharia (Islamic law) in place in 12 northern states imposes severe penalties for alleged press offenses. Despite the recent passage of a freedom of information bill by both houses of the National Assembly, which, among other provisions, would criminalize the destruction or falsification of any official record by any officer, government administrator, or public institution, Obasanjo failed to sign the bill into law prior to leaving office in May. The bill was resubmitted under the new administration, and had been presented to both the House and Senate by year's end. Under the current legal framework, access to information remains limited, with laws – such as the 1962 Official Secrets Act and the Sedition Law – restricting public access to government-held information.

Prior to the April presidential election, various security agencies, particularly the State Security Service (SSS), an elite corps under the president's direct charge, continued to use arbitrary detention and extrajudicial measures in attempts to muffle political activism and restrict press coverage critical of former President Obasanjo and the ruling PDP. On January 9, SSS agents raided the offices of the daily Leadership and detained several staff members following a story alleging that Obasanjo forced fellow PDP candidate, Peter Odili, out of the primary. The following day, agents raided the offices of the Abuja Inquirer and detained publisher Dan Akpovwa and editor Sode Abbah for over a day following a story about the possibility of a military coup due to hostility between Obasanjo and his former vice president, Atiku Abubakar, who was also campaigning for the presidency. In another incident in April, security forces raided the transmission studio of the private African Independent Television station, preventing the broadcasting of a documentary critical of Obasanjo and the PDP. Authorities also shut down an affiliated radio station, Ray Power FM, for one hour. At the time of the incident, the National Broadcasting Commission (NBC), the body that monitors the broadcast media, threatened the station with sanctions if it were to air the program in the future. Intimidation continued under Yar'Adua's administration, albeit at a lower level than during the preelection period. On June 27, a group of armed men, including two police officers, raided the printing office of the private Uyu-based weekly Events and reportedly seized several thousand copies of the paper in response to an article on an alleged indictment against the state governor on corruption charges. On October 10, SSS agents arrested Jerome Imeime, the editor of Events, on sedition charges due to critical stories about the state governor. Although Imeime was released after three weeks, the Committee to Protect Journalists noted that it was the first such charges imposed since June 2006.

Violence against journalists remains a common occurrence, often more as a result of the violent environments in which journalists reported rather than in response to the particular content of their writing. In May, armed men raided the Oyo state broadcasting office and stole equipment, causing interrupted service; the perpetrators had not been identified by the end of the year. Journalists have also come under attack in the Niger Delta region, where control over oil revenues has sparked conflict among various armed groups. Armed men raided the offices of the Port Harcourt papers Punch in June and National Point in July, allegedly attempting to rob or abduct staff members. Unlike in 2006, no journalists were killed during the year. However, the December 2006 murder in Lagos of Godwin Agbroko, the editorial board chairman of the private daily ThisDay, remained unsolved at year's end.

There are more than 100 national and local publications, the most influential of which are privately owned. The press is vibrant and vocal against unpopular state policies and was particularly critical in covering Obasanjo's third-term ambitions and during the run-up to the April election. The broadcast industry has been liberalized since 1992, and by 2006 about 300 licenses had been granted by the NBC, although most licensees continue to experience financial difficulties, limiting their viability. Radio tends to be the main source of information for Nigerians, while television is used mostly in urban areas and by the affluent. Foreign broadcasters, particularly the Voice of America and the British Broadcasting Corporation, are important sources of news in the country. Over eight million Nigerians reportedly had access to the internet in 2007. There are no reports that the government restricted access to the internet or monitored email, although online news sites critical of the government have occasionally experienced disruptions, possibly due to authorities' attempts to impair service