By: Nasir El-Rufai
This year, every Nigerian - all 162 million of us - man, woman and child will 'pay' the sum of N27,685 each to help run the federal government. What we cannot afford, government will borrow on our behalf to pay for its activities.
That is why the federal government, on behalf of you and I will spend the sum of 4.485 trillion (over four thousand billion) naira in 2011. This is against the backdrop that our entire oil earnings for the year cannot pay the generous salaries and allowances of politicians on the one hand, and the meagre pay cheques of other public sector workers on the other, while infrastructure and unemployment are barely getting attention.
When you walk into a government office to request for a basic service, the staff you meet may not even bother to reply to your greeting and barely has time to listen to you; the policeman that should protect you on the roadblock, stops you and demands for bribes and has no qualms shooting dead any motorist that refuses to give him twenty naira; the customs officer at the border who is supposed to stop smuggling takes a bribe and actually connives with the smugglers to bring in banned products into the Nigerian market, while harassing the traveller entering Nigeria with two new pairs of shoes; the hospital staff that, contrary to every professional oath, refuses to attend to dying patients because they are on strike; the soldiers who get so bored that they occasionally go on a rampage, using policemen for target practice. With live ammunition, of course; the politician who rigs himself into office then proceeds to loot the treasury: these are all the people whose standard of living we are spending nearly 75 per cent of the 2011 budget to pay for - and borrowing some after spending all our collections from oil and taxes!
It will cost nearly 2.5 million naira this year on average to pay for the salary and upkeep of each of Nigeria’s nearly one million federal public sector workers – in the police, civil service, military and para-military services and teachers in government schools and institutions. Whether this amount justifies the service that is rendered is left for Nigerians to decide. In all, the 49 line Ministries, Departments and Agencies specifically mentioned in the 2011 Appropriations Act will each cost an average of N49.49 billion to run.
We elect a total of 360 members to the House of Representatives and 109 Senators to make laws and enhance good governance by checking and balancing the excesses of the executive arm of government. For this privilege, the 469 members of the federal legislature and their support staff at the National Assembly will spend N150 billion this year. It is worth noting that NASS only passed 8 bills as at the end of May 2011. So assuming that they manage to pass another 7 bills before the end of this year, it would cost the Nigerian citizen an average ten billion naira to pass a single bill! This implies that to pass the 2011 budget (which allocates N150 billion to NASS), Nigerians paid 10 billion naira. An even more interesting statistic is the cost of maintaining every legislator every year. It works out to princely N320 million per legislator per annum. At this rate, every four year stint at NASS works out at N1.28 billion per legislator. No wonder machetes, guns and thugs are used at will to "win" primaries and the elections. How many new businesses can achieve a turnover of N1.28 billion within four years with net tax-free profit in excess of 50 percent? Is this social justice?
For the NASS, even the amount of N150 billion above is just what we can see easily but is not broken down for further analysis or accountability. There is a bit more hidden all over the Appropriation Act - another N1.595 billion was tucked away for "In-lieu of accommodation for the Seventh Session of NASS" and another N200 million for "Funding of House Resolution Mandates." What these two provisions mean is best explained by those that legislated them and the executive that will release the sums! What is clear is that none of these will ever be accounted for, or audited!
Last week, I wrote about the cost of justice. I got a few things wrong because I did not appreciate fully the unique role of the National Judicial Council (NJC) in the administration of the nation's judicial system. My friend and former classmate Mrs. Maryam Wali Uwais clarified this and educated me, for which I am grateful. The NJC's budget of N95 billion covers the salaries and allowances of all judges of superior courts of record in Nigeria - that is State High Courts and their federal equivalents, Court of Appeal and the Supreme Court. The NJC also funds the overheads of all the Federal Courts only - the Federal High Court and the appellate courts, as well as the salaries and allowances of all Federal Judicial support staff. The State Governments are responsible for the salaries of all other judicial staff (magistrates, support staff, etc.) and the overhead costs of all courts within their respective jurisdictions. It is therefore slightly more complicated to compute what it costs to keep our entire judicial system running without adding up all the budgetary allocations to the Judiciary in all 36 states. We will return to this sometime soon.
An interesting observation is the fact that the government says the problem of power shortage is a priority, yet the Ministry of Power only got 91 billion naira as total appropriation in 2011, while the National Security Adviser (NSA) controls and will spend 208 billion naira (Recurrent - N51 billion, Capital N59 billion, and another N98 billion for the Amnesty Programme!). This amount does not include the Defence budget. The Defence Ministry will get N348 billion, while the Police will get 309 billion naira. In other words, though Nigerians have never felt so insecure in recent history, the NSA, Police and Defence will spend a combined 865 billion naira - more than 2 billion naira a day, weekends included! This does not include the 36 states’ so-called security votes. Even state assembly members and local government councillors now have security votes. Clearly their security is more important than ours!
The point of these statistics is to show how expensive governance has become and how little Nigerians get in return. And the unproductive portions of our national budget have been rising rapidly in the last 4 years, to the detriment of capital investments in infrastructure and human development. Four years ago in 2007, the entire federal government budget was 2.3 trillion naira; today we are spending 4.485 trillion. In 2007, statutory transfers amounted to 102 billion naira or 5% of the total budget. Today, transfers amount to 418 billion or 9% of the total.
This year, the federal government will spend 495 billion naira or 11% of the budget on debt servicing compared to 326 billion naira or 14% it spent the year we finally exited from the London Club debt. More telling is the 1.05 trillion naira or 46% for recurrent expenditure in 2007 against the 2.425 trillion or 54% government will spend this year. Just four years ago, capital expenditure accounted for 36% (830 billion naira) of the budget. This year, the amount for capital expenditure has fallen to 25% (1.147 trillion naira - out of which N1.136 trillion is the budget deficit - that is to be borrowed!).
To the uninformed eye, the figures may seem to represent increases in all aspects, but to what cost, and to what effect? Apologists would want us to believe that the astronomical increase in the cost of government services can be explained by inflation, but even taking into consideration the high inflationary trend (thanks to Jonathan’s profligate campaign year spending), statutory transfers in the budget has gone up by a whopping 310%; debt servicing has a 52% increase; recurrent expenditure has gone up by 131% while capital expenditure has increased by 39% over four years. In real terms however, and accounting for inflation, the total budget has increased by 33% with recurrent expenditure going up by 58% while capital expenditure has actually reduced by 6%.
Facts and figures do not lie. Every figure used in this analysis came from official government records. What is the justification for allocating such huge amounts to running the government when a staggering 30 million Nigerians are unemployed? Only N50 billion has been budgeted to create employment, forgetting that money by itself does not create jobs without a well thought out plan to stimulate small and medium scale enterprises and the creation of appropriate regulatory environments. What are the strategies to ensure that these funds are not diverted? How many jobs will be created this year or in the next four years? Are our priorities right?
All these come down to the questions: Will government’s 4.485 trillion naira budget make life any better or even provide security for Nigerians? Can we feel the impact of this huge spending? Is the cost of governance justified? If we do not have the courage to ask these questions, we will be doing ourselves a disservice and endangering our people's future.
www.saharareporters.com
Saturday, 2 July 2011
Monday, 22 March 2010
The Nigeria mass media on trial
It is dangerous to dismiss the current crisis at The Punch as a crisis at The Punch. It is a crisis in the national mass media, and therefore a national crisis. It began when Steve Ayorinde, the editor of The Punch, was asked to resign his appointment last month. Left with no choice, he penned a long, detailed petition against his former boss, the same man who had asked him to leave.
That man is Azubuike Ishiekwene, the company's Executive Director (Publications) . Mr. Ayorinde's comprehensive complaint to the company's Board of Directors, which was first published by i-reports-ng. com, seems to have resulted in Mr. Ishiekwene's suspension, but The Punch has announced no such measure. The complaints against Mr. Ishiekwene are many and extremely serious. They include allegations of collecting millions of Naira from corrupt politicians and governments in exchange for their protection and promotion, as well as millions and perks from businesses and organizations.
Mr. Ishiekwene is accused of being a consultant to the Lagos State Government, and of attending meetings of "media consultants" comprising Senior Editors and Chairmen of Editorial Boards, for which he is being paid. According to Mr. Ayorinde, newspaper houses that awarded the Man of the Year award to Governor Fashola were either paid N25million to do so, or as a reward for granting the honour. Some newspapers did not award the governor anything, but if they were considered important, they still received "a N15million largesse by way of contract (sic) to the Senior Editors, including, as I reliably learnt, Mr. Ishiekwene, who are consulting for the government," the former editor wrote.
In the private sector, according to the account, Mr. Ishiekwene seems to have had a presence as well, including a significant retainer by a bank. Mr. Ayorinde also cites the paper's August 2008 publication of the power sector probe report of the House of Representatives. Among those that took a hit in it was Rockson Engineering, whose chairman is Chief Arumeni Johnson. He also happened to be a friend of Mr. Ishiekwene's, who was away on vacation at the time The Punch was publishing the report. Mr. Ayorinde alleges that as soon as his boss returned, he called a meeting of newspaper editors with Chief Johnson at Sheraton Hotel in Lagos, and that Mr. Ishiekwene "personally distributed money to the guests, ostensibly to have them protect Rockson's interest in their papers."
Chief Johnson is also the Chairman of Arik Air, and "Mr. Ishiekwene and a friend of his who is also a senior editor in another newspaper, are both consultants to the business interests of Chief Johnson through their company, A&L," of which the 'A' stands for Azubuike.
Among other things, writes Mr. Ayorinde, when Arik bought a new aircraft in France in 2008, Mr. Ishiekwene, as a Board member designate of the airline and media consultant to Chairman Johnson, overruled the plan by the company's Head of Media Relations to take aviation correspondents to France for the show. Instead, Mr. Ishiekwene took a group of selected editors who flew Business Class and were each personally handed an allowance of $5,000 by the Punch Director.
For Mr. Ishiekwene, it would be a shame even if only a few of the allegations, of which these are a sample, were true. While it is often rumoured that many journalists are on the payroll of powerful politicians and businessmen, what Mr. Ayorinde has achieved is to provide a face for the menace in his compelling narrative, which he has invited The Punch to investigate, and for which he offers names of people who would be prepared to testify. There is no doubt that Mr. Ishiekwene's credibility and career are on the thin edge of the knife.
But it would also be a fascinating report The Punch turns in when its investigation is done, because its own credibility is also in question. To begin with, it turns out that in December 2008, investigative reporter Mojid Musikilu, who is now of 234NEXT, had written a protest letter to the management about the disappearance of a story he had filed on the indictment of Ogun State's Governor Gbenga Daniel for corruption by the Economic and Financial Crimes Commission (EFCC). Mr. Musikilu compared that experience with an earlier one, in July 2008 in next-door Oyo State. At that time, he said, not only did his story on the indictment of Governor Bayo Alao-Akala by the same Commission enjoy "generous usage," including front page treatment, even the EFCC's interim report on the governor's activities was published in full some days later.
The reporter complained about other stories: Early in 2008, another story he wrote on the EFCC's investigation of Patience Jonathan, the wife of then Vice-President Goodluck Jonathan was killed. And he was "advised against doing a story on the curious withdrawal of N3.6 billion from (the) Rivers State Government account with Zenith Bank." What this means is that in one year alone, that single reporter had at least three significant stories curiously spiked. The public is left to wonder how many other reporters at the paper suffered similar denials and frustrations during that year, or routinely. Mr. Musikilu's complaint to the management of The Punch pre-dated that of Mr. Ayorinde by over one year. It clearly indicated the reign of negative practices in The Punch newsroom, but the company does not seem to have shown any interest.
In retrospect, the Ayorinde story is not about The Punch at all, but about journalism in Nigeria. One cannot read Mr. Ayorinde's protest without coming away with the frightening impression that many senior journalists have now adopted a loose lifestyle of selling their influence to government officials and businessmen in exchange for cash and gifts without the slightest concern for any conflict of interest. This is a terrible burden because the power of the press lies in its credibility. If stories are being paid for, or editors bought in order to ensure specific kinds of coverage, a newspaper is, in effect, a doctored and worthless document. The reader is left to wonder whether a particular story was paid for with the objective of making an individual look good, or to make someone else look bad.
Similarly, if an editorial portrays an organization or institution in poor light, how does the reader know that the opinion is genuine, and not because the asking price of the editorial writer or Chairman of the Editorial Board was met? When is a story a hoax, a reward, a love story, a campaign jingle? When is the absence of a story the story? When is a headline a "head-lie"?
This is an ethical crossroads that the media, and not just The Punch, must take seriously. Nobody and no media organization should hide behind the fig leaf that this concerns only one newspaper and one editor. I do not see how anyone can be comfortable with the image of the nation's editors as a prostitution ring with its members ready to lie down for everyone that can pay the gate fee. The way forward is for the media houses, the Nigeria Union of Journalists, the Nigeria Guild of Editors and the Newspaper Proprietors Association of Nigeria (NPAN) to conduct independent investigations if they wish to re-establish public credibility in their industry, knowing that further failures on their part would throw this trade open to intrepid citizen reporters.
Without doubt, the guilty editors must be identified and exposed in order to protect the good ones and give the profession a chance to survive. Those senior journalists who have nothing to fear should defend themselves by exposing the traitors or risk going down with them. There is no middle road and nowhere to hide.
* sonala.olumhense@ gmail.com
That man is Azubuike Ishiekwene, the company's Executive Director (Publications) . Mr. Ayorinde's comprehensive complaint to the company's Board of Directors, which was first published by i-reports-ng. com, seems to have resulted in Mr. Ishiekwene's suspension, but The Punch has announced no such measure. The complaints against Mr. Ishiekwene are many and extremely serious. They include allegations of collecting millions of Naira from corrupt politicians and governments in exchange for their protection and promotion, as well as millions and perks from businesses and organizations.
Mr. Ishiekwene is accused of being a consultant to the Lagos State Government, and of attending meetings of "media consultants" comprising Senior Editors and Chairmen of Editorial Boards, for which he is being paid. According to Mr. Ayorinde, newspaper houses that awarded the Man of the Year award to Governor Fashola were either paid N25million to do so, or as a reward for granting the honour. Some newspapers did not award the governor anything, but if they were considered important, they still received "a N15million largesse by way of contract (sic) to the Senior Editors, including, as I reliably learnt, Mr. Ishiekwene, who are consulting for the government," the former editor wrote.
In the private sector, according to the account, Mr. Ishiekwene seems to have had a presence as well, including a significant retainer by a bank. Mr. Ayorinde also cites the paper's August 2008 publication of the power sector probe report of the House of Representatives. Among those that took a hit in it was Rockson Engineering, whose chairman is Chief Arumeni Johnson. He also happened to be a friend of Mr. Ishiekwene's, who was away on vacation at the time The Punch was publishing the report. Mr. Ayorinde alleges that as soon as his boss returned, he called a meeting of newspaper editors with Chief Johnson at Sheraton Hotel in Lagos, and that Mr. Ishiekwene "personally distributed money to the guests, ostensibly to have them protect Rockson's interest in their papers."
Chief Johnson is also the Chairman of Arik Air, and "Mr. Ishiekwene and a friend of his who is also a senior editor in another newspaper, are both consultants to the business interests of Chief Johnson through their company, A&L," of which the 'A' stands for Azubuike.
Among other things, writes Mr. Ayorinde, when Arik bought a new aircraft in France in 2008, Mr. Ishiekwene, as a Board member designate of the airline and media consultant to Chairman Johnson, overruled the plan by the company's Head of Media Relations to take aviation correspondents to France for the show. Instead, Mr. Ishiekwene took a group of selected editors who flew Business Class and were each personally handed an allowance of $5,000 by the Punch Director.
For Mr. Ishiekwene, it would be a shame even if only a few of the allegations, of which these are a sample, were true. While it is often rumoured that many journalists are on the payroll of powerful politicians and businessmen, what Mr. Ayorinde has achieved is to provide a face for the menace in his compelling narrative, which he has invited The Punch to investigate, and for which he offers names of people who would be prepared to testify. There is no doubt that Mr. Ishiekwene's credibility and career are on the thin edge of the knife.
But it would also be a fascinating report The Punch turns in when its investigation is done, because its own credibility is also in question. To begin with, it turns out that in December 2008, investigative reporter Mojid Musikilu, who is now of 234NEXT, had written a protest letter to the management about the disappearance of a story he had filed on the indictment of Ogun State's Governor Gbenga Daniel for corruption by the Economic and Financial Crimes Commission (EFCC). Mr. Musikilu compared that experience with an earlier one, in July 2008 in next-door Oyo State. At that time, he said, not only did his story on the indictment of Governor Bayo Alao-Akala by the same Commission enjoy "generous usage," including front page treatment, even the EFCC's interim report on the governor's activities was published in full some days later.
The reporter complained about other stories: Early in 2008, another story he wrote on the EFCC's investigation of Patience Jonathan, the wife of then Vice-President Goodluck Jonathan was killed. And he was "advised against doing a story on the curious withdrawal of N3.6 billion from (the) Rivers State Government account with Zenith Bank." What this means is that in one year alone, that single reporter had at least three significant stories curiously spiked. The public is left to wonder how many other reporters at the paper suffered similar denials and frustrations during that year, or routinely. Mr. Musikilu's complaint to the management of The Punch pre-dated that of Mr. Ayorinde by over one year. It clearly indicated the reign of negative practices in The Punch newsroom, but the company does not seem to have shown any interest.
In retrospect, the Ayorinde story is not about The Punch at all, but about journalism in Nigeria. One cannot read Mr. Ayorinde's protest without coming away with the frightening impression that many senior journalists have now adopted a loose lifestyle of selling their influence to government officials and businessmen in exchange for cash and gifts without the slightest concern for any conflict of interest. This is a terrible burden because the power of the press lies in its credibility. If stories are being paid for, or editors bought in order to ensure specific kinds of coverage, a newspaper is, in effect, a doctored and worthless document. The reader is left to wonder whether a particular story was paid for with the objective of making an individual look good, or to make someone else look bad.
Similarly, if an editorial portrays an organization or institution in poor light, how does the reader know that the opinion is genuine, and not because the asking price of the editorial writer or Chairman of the Editorial Board was met? When is a story a hoax, a reward, a love story, a campaign jingle? When is the absence of a story the story? When is a headline a "head-lie"?
This is an ethical crossroads that the media, and not just The Punch, must take seriously. Nobody and no media organization should hide behind the fig leaf that this concerns only one newspaper and one editor. I do not see how anyone can be comfortable with the image of the nation's editors as a prostitution ring with its members ready to lie down for everyone that can pay the gate fee. The way forward is for the media houses, the Nigeria Union of Journalists, the Nigeria Guild of Editors and the Newspaper Proprietors Association of Nigeria (NPAN) to conduct independent investigations if they wish to re-establish public credibility in their industry, knowing that further failures on their part would throw this trade open to intrepid citizen reporters.
Without doubt, the guilty editors must be identified and exposed in order to protect the good ones and give the profession a chance to survive. Those senior journalists who have nothing to fear should defend themselves by exposing the traitors or risk going down with them. There is no middle road and nowhere to hide.
* sonala.olumhense@ gmail.com
Tuesday, 12 January 2010
Two Journalists Arraigned in Niger
The publisher of Liberator Newspaper, Kelani Mohammed, and Editor, Usman Saidu, have been remanded in prison custody over allegations of conspiracy and inciting the public against the Secretary to the Niger state Government, Dr. Mohammed Kuta Yahaya.
Mohammed, who is the publisher of the weekly paper and his editor, Saidu, were yesterday charged to a chief Magistrate court in Minna by the Nigerian Police as a result of an article published in the paper on the January 9, 2010.
According to the prosecution officer, the offensive article published by the newspaper accused the SSG of aquiring wealth illegally and purchasing properties around the state.
The dou were charged for conspiracy, defamation of character, inciting public disturbance, giving false information to the public contrary to section 92 of the Criminal Procedure Code (CPC).
The police said the report in the paper had been investigated and found out to be false information aimed at inciting the public against the person of the SSG.
Prosecuting lawyer, Mark Igwe, requested that the journalists be remanded in prison custody to prevent them from tampering with ongoing investigation.
Counsel to the accused, Mohammed Ndayako, said the First Investigation Report (FIR) signed by the Niger state Commissioner of Police, Mike Zuokumor, shows that the investigations had been completed and they cannot tamper with investigation.
He therefore pleaded that the publisher and his editor be granted bail.
The presiding judge, Salihu Tanko, however opposed the plea, saying they should be remanded in prison custody while counsel of the accused was asked to apply formally for bail. The case was adjourned to 26th January, 2010.
courtesy Thisday Newspaper
Mohammed, who is the publisher of the weekly paper and his editor, Saidu, were yesterday charged to a chief Magistrate court in Minna by the Nigerian Police as a result of an article published in the paper on the January 9, 2010.
According to the prosecution officer, the offensive article published by the newspaper accused the SSG of aquiring wealth illegally and purchasing properties around the state.
The dou were charged for conspiracy, defamation of character, inciting public disturbance, giving false information to the public contrary to section 92 of the Criminal Procedure Code (CPC).
The police said the report in the paper had been investigated and found out to be false information aimed at inciting the public against the person of the SSG.
Prosecuting lawyer, Mark Igwe, requested that the journalists be remanded in prison custody to prevent them from tampering with ongoing investigation.
Counsel to the accused, Mohammed Ndayako, said the First Investigation Report (FIR) signed by the Niger state Commissioner of Police, Mike Zuokumor, shows that the investigations had been completed and they cannot tamper with investigation.
He therefore pleaded that the publisher and his editor be granted bail.
The presiding judge, Salihu Tanko, however opposed the plea, saying they should be remanded in prison custody while counsel of the accused was asked to apply formally for bail. The case was adjourned to 26th January, 2010.
courtesy Thisday Newspaper
Monday, 21 December 2009
Security Operatives Arrest Editor
The State Security Services (SSS), at 10 a.m. today picked up Ahmed Shekarau, the editor of Peoples Daily, a newspaper based in Abuja.
An email from Abdullzeez Abdullahi, a colleague of Mr. Shekarau, stated that the three officers of the SSS who came to pick up Mr. Shekarau “said that the SSS DG wanted to have a chat with him (Mr. Shekarau).” The men gave no further details.
Mr. Abdullahi wrote that; “our belief however is that the invitation may be over the story of the succession battle for the VP’s slot in the event that Goodluck Jonathan becomes president. The story was published last Friday.”
He said; “The Public Relations Officer of the SSS, Maryln Ogah said she would get back to us with some information but still hasn’t done so and is not picking calls to her phone.”
courtesy www.234next.com
An email from Abdullzeez Abdullahi, a colleague of Mr. Shekarau, stated that the three officers of the SSS who came to pick up Mr. Shekarau “said that the SSS DG wanted to have a chat with him (Mr. Shekarau).” The men gave no further details.
Mr. Abdullahi wrote that; “our belief however is that the invitation may be over the story of the succession battle for the VP’s slot in the event that Goodluck Jonathan becomes president. The story was published last Friday.”
He said; “The Public Relations Officer of the SSS, Maryln Ogah said she would get back to us with some information but still hasn’t done so and is not picking calls to her phone.”
courtesy www.234next.com
Friday, 4 December 2009
Security service detains French journalist
The Social and Economic Rights Action Center, (SERAC), has reported the detention of a French television reporter, Frederic Tonolli, by the Nigerian State Security Service (SSS) in Lagos for taking footage in a private housing community in the Amuwo Odofin area of the city.
SERAC is a non-governmental organisation that works for the promotion of social and economic rights of which housing rights are a major aspect.
Victoria Ohaeri, the Programme Coordinator for the center in a telephone interview said that Mr. Tonolli, a reporter for the French television network, Channel Five, was arrested Wednesday, December 2 by the security service.
She said Mr. Tonolli was “vigorously interrogated and detained by the SSS for several hours at their Shangisha office in Lagos and eventually released later in the night with an order to report back the following day at noon.”
Mr. Tonolli was again detained when he reported Thursday December 3, 2009, according to Ms. Ohaeri, who said the French journalist is expected to leave the country on a scheduled flight tonight but have been told that he may not make that flight because operatives have yet to conclude their investigations.
Mr. Tonolli has requested consular assistance, but was denied the opportunity to make contact with the French Embassy in Lagos, according to Ms. Ohaeri who also claimed that the SSS has not furnished any legal basis for interfering with Mr. Tonolli’s liberty.
Ms. Ohaeri said her organisation is currently in dialogue with the SSS to seek the release of Mr. Tonolli.
courtesy; www.234next.com
SERAC is a non-governmental organisation that works for the promotion of social and economic rights of which housing rights are a major aspect.
Victoria Ohaeri, the Programme Coordinator for the center in a telephone interview said that Mr. Tonolli, a reporter for the French television network, Channel Five, was arrested Wednesday, December 2 by the security service.
She said Mr. Tonolli was “vigorously interrogated and detained by the SSS for several hours at their Shangisha office in Lagos and eventually released later in the night with an order to report back the following day at noon.”
Mr. Tonolli was again detained when he reported Thursday December 3, 2009, according to Ms. Ohaeri, who said the French journalist is expected to leave the country on a scheduled flight tonight but have been told that he may not make that flight because operatives have yet to conclude their investigations.
Mr. Tonolli has requested consular assistance, but was denied the opportunity to make contact with the French Embassy in Lagos, according to Ms. Ohaeri who also claimed that the SSS has not furnished any legal basis for interfering with Mr. Tonolli’s liberty.
Ms. Ohaeri said her organisation is currently in dialogue with the SSS to seek the release of Mr. Tonolli.
courtesy; www.234next.com
Tuesday, 17 November 2009
What is Abike Up To?
The plot against the Freedom of Information Bill is crystallising at the House of Representatives. Notonly has its passage into law been frustrated, a new bill aimed at curtailing press freedom and suppressing the practice of journalism has been freshly manufactured.
Unfortunately for Nigeria , the same journalist-turned- lawmaker who sponsored the FOIB is also the initiator of "An Act to Provide for the Repeal of the Nigerian Press Council Act 1992 and Establish the Nigerian Press and Practice of Journalism Council" at the House of Reps: Mrs Abike Dabiri-Erewa.
The bill seeks to create two new bodies - the National Examination Accreditation Board and the Media Practitioners' Complaint Council - to prescribe fresh conditions for journalism practice in the country. Before one could work as a journalist, one must be certified fit by the Nigerian Institute of Journalism (NIJ), not any degree-awarding institution in the world!
And, in case of an infraction, a media house has to pay a fine of N100, 000 while the journalist, a first-time offender, has to pay N50, 000 and risks being suspended for a maximum of six months. The fine could be upped to N500, 000 and N100, 000 respectively where the corporate body or individual refuses to comply with rulings.
Nothing illustrates the ignorance and idiocy of the bill's makers (including, unfortunately, Dabiri-Erewa) better than sections 35, 36 and 37 that provide for the salary and conditions of service of media people. Every media organisation must pay a minimum of 20 per cent more than the salaries paid by the federal and state governments as well as private companies "as the case may be".
In the case of any media house that covers up to two-thirds of the country, it shall pay not less than 120 per cent more. The bill adds, in section 37, that the salaries and conditions of service of journalists are to be negotiated collectively among the Nigeria Union of Journalists (NUJ), Newspaper Proprietors Association of Nigeria (NPAN) and the Broadcasting Organisation of Nigeria (BON). And, for the avoidance of doubt, the agreed salaries and conditions of service shall be published in the Federal Government Gazette and made available to every journalist (section 39)!What is Dabiri-Erewa up to?
We are surprised that such a trained media person could permit her name to be appended to this bill that is only fit to remain in the trashcan. It is unworkable. It is distasteful. It seeks to reverse all the gains made from the practice of journalism in the country over the past 150 years. Needless to add, it is the product of some idle minds that have nothing meaningful to contribute to the media and to national development.
We are at one with the Nigerian Guild of Editors, which has advised the legislators not to waste its energy on shadow-chasing. It is not their duty to educate journalists on the ethics of journalism. And they are not competent to legislate on how the business of mass communication and indeed other businesses should be managed effectively. Already, the Nigerian media is on the road to better self-regulation - the birth of the ombudsman. "Veteran" journalists like Dabiri-Erewa ought to have sought clarifications from those who know.
Perhaps, no other profession absorbs as much insult from unlearned persons as does journalism in Nigeria . This bill offers a good example: It abhors the independence of the council to be created to regulate media practice, as its chairman shall work at the pleasure of the Nigerian president and the minister of information and communications (both of whom might know nothing about journalism). In fact, the council's members shall be required to swear to an oath of secrecy - an apparent contradiction to the Freedom of Information Bill that canvasses openness and accountability.
Yet, journalism is the only profession assigned responsibility by the Nigerian constitution: "The press, radio and television and other agencies of the mass media shall at all times be free to uphold the fundamental objectives contained in this chapter (Fundamental Objectives and Directive of State Policy) and uphold the responsibility and accountability of the Government to the people." (Section 22) Where the government - the legislature, in this case - chooses to make rules to be used in holding it accountable and responsible to the people, it violates the supreme document of the land, and its rules are therefore null and void.
Our lawmakers would do well to make laws for the good governance of Nigeria before attempting to design a training programme for would-be journalists. It is to their eternal shame that Nigeria has become one of the most corrupt, most ungoverned, most discomforting nations in the world. Today, the easiest route to wealth is having access to public funds, not hard work or intelligence. When future generations shall probe into Nigeria 's ugly past, our current lawmakers' names shall be listed among those who acquired enormous wealth without doing any work.
The new bill sponsored by Abike Dabiri-Erewa is dead on arrival. Any time the house spends debating it is a waste. Instead, it should resurrect the FOI Bill which former President Olusegun Obasanjo refused to sign into law in 2007, which the current lawmakers are apparently afraid of, but which journalists, anti-graft agencies and the overwhelming majority of the Nigerian public have been yearning for.
All through the ages, tyrants have made vain efforts to gag the press. The army of detractors led by Dabiri-Erewa shall surely fail. If history is any guide, they should be educated by the third amendment to the United States constitution: "Congress shall make no law abridging freedom of expression.. ."
Courtesy: Leadership Newspapers
Unfortunately for Nigeria , the same journalist-turned- lawmaker who sponsored the FOIB is also the initiator of "An Act to Provide for the Repeal of the Nigerian Press Council Act 1992 and Establish the Nigerian Press and Practice of Journalism Council" at the House of Reps: Mrs Abike Dabiri-Erewa.
The bill seeks to create two new bodies - the National Examination Accreditation Board and the Media Practitioners' Complaint Council - to prescribe fresh conditions for journalism practice in the country. Before one could work as a journalist, one must be certified fit by the Nigerian Institute of Journalism (NIJ), not any degree-awarding institution in the world!
And, in case of an infraction, a media house has to pay a fine of N100, 000 while the journalist, a first-time offender, has to pay N50, 000 and risks being suspended for a maximum of six months. The fine could be upped to N500, 000 and N100, 000 respectively where the corporate body or individual refuses to comply with rulings.
Nothing illustrates the ignorance and idiocy of the bill's makers (including, unfortunately, Dabiri-Erewa) better than sections 35, 36 and 37 that provide for the salary and conditions of service of media people. Every media organisation must pay a minimum of 20 per cent more than the salaries paid by the federal and state governments as well as private companies "as the case may be".
In the case of any media house that covers up to two-thirds of the country, it shall pay not less than 120 per cent more. The bill adds, in section 37, that the salaries and conditions of service of journalists are to be negotiated collectively among the Nigeria Union of Journalists (NUJ), Newspaper Proprietors Association of Nigeria (NPAN) and the Broadcasting Organisation of Nigeria (BON). And, for the avoidance of doubt, the agreed salaries and conditions of service shall be published in the Federal Government Gazette and made available to every journalist (section 39)!What is Dabiri-Erewa up to?
We are surprised that such a trained media person could permit her name to be appended to this bill that is only fit to remain in the trashcan. It is unworkable. It is distasteful. It seeks to reverse all the gains made from the practice of journalism in the country over the past 150 years. Needless to add, it is the product of some idle minds that have nothing meaningful to contribute to the media and to national development.
We are at one with the Nigerian Guild of Editors, which has advised the legislators not to waste its energy on shadow-chasing. It is not their duty to educate journalists on the ethics of journalism. And they are not competent to legislate on how the business of mass communication and indeed other businesses should be managed effectively. Already, the Nigerian media is on the road to better self-regulation - the birth of the ombudsman. "Veteran" journalists like Dabiri-Erewa ought to have sought clarifications from those who know.
Perhaps, no other profession absorbs as much insult from unlearned persons as does journalism in Nigeria . This bill offers a good example: It abhors the independence of the council to be created to regulate media practice, as its chairman shall work at the pleasure of the Nigerian president and the minister of information and communications (both of whom might know nothing about journalism). In fact, the council's members shall be required to swear to an oath of secrecy - an apparent contradiction to the Freedom of Information Bill that canvasses openness and accountability.
Yet, journalism is the only profession assigned responsibility by the Nigerian constitution: "The press, radio and television and other agencies of the mass media shall at all times be free to uphold the fundamental objectives contained in this chapter (Fundamental Objectives and Directive of State Policy) and uphold the responsibility and accountability of the Government to the people." (Section 22) Where the government - the legislature, in this case - chooses to make rules to be used in holding it accountable and responsible to the people, it violates the supreme document of the land, and its rules are therefore null and void.
Our lawmakers would do well to make laws for the good governance of Nigeria before attempting to design a training programme for would-be journalists. It is to their eternal shame that Nigeria has become one of the most corrupt, most ungoverned, most discomforting nations in the world. Today, the easiest route to wealth is having access to public funds, not hard work or intelligence. When future generations shall probe into Nigeria 's ugly past, our current lawmakers' names shall be listed among those who acquired enormous wealth without doing any work.
The new bill sponsored by Abike Dabiri-Erewa is dead on arrival. Any time the house spends debating it is a waste. Instead, it should resurrect the FOI Bill which former President Olusegun Obasanjo refused to sign into law in 2007, which the current lawmakers are apparently afraid of, but which journalists, anti-graft agencies and the overwhelming majority of the Nigerian public have been yearning for.
All through the ages, tyrants have made vain efforts to gag the press. The army of detractors led by Dabiri-Erewa shall surely fail. If history is any guide, they should be educated by the third amendment to the United States constitution: "Congress shall make no law abridging freedom of expression.. ."
Courtesy: Leadership Newspapers
Monday, 16 November 2009
The Nigerian Press and Practice of Journalism Council Bill
A Bill for an Act to Provide for the repeal of the Nigerian Press Council Act, 1992, and establish the Nigerian Press and Practice of Journalism Council, to provide high profession standards for the Nigerian Press and deal with complaints emanating from members of the public about the conduct of journalists and media houses in their professional capacity, or complaints emanating from the press about the conduct of persons, organisations or institutions of government towards the press and for other matters connected therein.
Sponsored by Hon. Abike Dabiri
Be it enacted by the National Assembly of the Federal Republic of Nigeria as follows:
Part 1 – Establishment of the Nigerian Press and Practice of Journalism Council (NPPJC)
1.There is hereby established a body to be known as the Nigerian Press and Practice of Journalism Council (in this Act referred to as “the council of Journalism”) which shall be a body corporate with perpetual succession and a common seal and may sue and be sued in its corporate name.
2 (1) The Council of Journalism shall consist a chairman and the following other members, that is-
(a) four representatives of the Nigerian Union of Journalists;
(b) two representatives of the Nigerian Guild of Editors;
(c) two representatives of the Newspapers Proprietors Association of Nigeria who shall be practising journalist;
(d) four representatives of the general public; one of whom shall be a legal practitioner and one woman;
(e) one representative of education institutions involved in the training of journalists
(f) one representative of the Federal Ministry of Information and National Orientation who shall be a practising journalists
(g) two representatives of the Broadcasting Organisation of Nigeria;
(h) one representative of the News Agency of Nigeria, who shall be a practising journalists; and
(i) Executive Secretary of the Council of Journalism
(2) The chairman of the Council of Journalism shall be appointed by the president, on the recommendation of the minister, after due consideration of the submission of the Nigerian Press Organisation and shall be a person -
(a) of high intellectual and moral qualities and knowledge about the press and public affairs; and
(b) With not less than twenty years experience as a journalist
(3) The members of the Council of Journalism appointed under the paragraphs (d) and (f) of subsection (l) of this section shall be appointed by the Minister and members of the Council appointed under paragraph (a), (b), (c), (e), (g) and (f) of the said subsection shall be appointed by the Minister after an election by or on the nomination of the union, association of other body concerned.
(4) The supplementary provisions set out in the First Schedule to this Act shall have effect with respect to the tenure of office and proceedings of the Council and the other matters contained therein.
(3) The Council shall be charged with the duty of -
(a) enquiring into complaints about the conduct of the press and the conduct of any person or organisation towards the press and exercising in respect of the complaints the powers conferred upon it under this Act;
(b) monitoring the activities of the press with a view to ensuring compliance with the code of Professional and ethical conduct as provided for in this Act;
(c) receiving application form, and documenting the print media and monitoring their performance to ensure that owners and publishers comply with the terms of their mission statements and objectives in liaison with the Newspapers Proprietors Association of Nigeria;
(d) researching into contemporary press development and engaging in updating press documentation
(e) fostering the achievement and maintaining of high professional standards by the press;
(f) reviewing developments likely to restrict the supply through the press, of information of public interest and importance of which are liable to prevent free access of the press to information and advising on measures necessary to prevent or remedy such development;
(g) ensuring the protection of the rights and privileges of journalists in the lawful performance of their professional duties
4 (1) There shall be appointed for the Council of Journalism an Executive Secretary by the President; on the recommendation of the Minister
(2) The executive secretary shall -
(a) be a journalist with at least 15 years post qualification experience and shall have held high journalist positions;
(b) be the chief executive of the Council;
(c) be responsible for the execution of the policy of the Council and of its day-to-day administration;
(d) in addition to the functions expressly conferred on him by this Act; perform such other functions as the Council may, from time to time, direct;
(e) hold office on such terms as to emolument and otherwise, as may be specified in his letter of appointment and may, from time to time, be approved by the president;
(f) subject to this, the executive secretary shall hold office for a term of four years in the first instance and may be eligible for reappointment for a further term of four years;
(g) the executive secretary may be removed from office on the recommendation of the Minister for inability to discharge the functions of his office arising from infirmity of mind of body or from other cause.
5 (1) The Council may appoint other employees as it may consider necessary for the efficient performance of the Council’s duties under this Act
(2) The terms of service (include terms and conditions as to remuneration; allowances; retiring benefits and discipline) of the secretary and other employees of the Council shall be such as may be determined, from time to time, by the Council
(3) In carrying out the functions for which the Council is established under this Act, the Council shall be autonomous and shall not be subject to the direction or control of any other authority or person except as provided in this Act
6 (1) Service in the Council shall be approved service for purpose of the Pension Act
(2) Employees of the Council shall be entitled to pension, gratuities and any other retirement benefits as are enjoyed by persons holding equivalent grades in the civil service of the Federation
(3) Nothing in subsection (1) or (2) of this section shall prevent the appointment of a person to any office on terms which preclude the grant of pensions and gratuity in respect of that office -
(4) For the purpose of the application of the provisions of the Pension Act, any power exercisable thereunder by a Minister or authority of the Government of the Federation, other than the power to make regulations under section 29 thereof is hereby vested in and shall be exercisableby the Council other than any other person or authority
7 Without prejudice to the provisions of sections 6 of this Act, the terms and conditions of service including terms and conditions of remunerations, allowance, retirement and other benefits of the staff and other employees of the council shall be as may be determined by the Council with the approval of the Minister
Part II Power the Council of Journalism
8. In carrying out the functions for which the Council is established under this Act, the Council shall be autonomous and shall not be subject to the direction of control of any other authority or person except as provided in this Act.
9 (1) The Nigerian Union of Journalists shall provide a code of Professional and Ethnial Conduct to guide the press and journalists in the performance of their duties
(2) The Nigerian Union of Journalists shall cause a revision of such a code of Professional and Ethical Conduct as deemed appropriate from time to time to conform with media practices
(3) The Council shall, after due consideration, approve the code of professional and Ethical conduct by the Nigerian Union of Journalists and ensure compliance
(4) The Council shall cause to be published in the Nigeria Press and Practice of Journalism Council Journal, the code of Professional and Ethical Conduct as approved under subsection (3) of this subsection which shall be binding on every journalist in Nigeria
10 Every member of the council shall be required on assuming office, to subscribe to an oath that he shall faithfully and impartially and to the best of his ability, discharge his duties with respect to any inquiry conducted by the Council under this Act, and if the inquiry is not held in public, that he shall not divulge the proceedings, the vote or opinion of the members or any other matter relevant to the inquiry.
11 (1) Subject to the provisions of this Act the Council shall, following complaints lodged before it by any person, have the power to -
(a) inquiry into and examine all such witness as the Council may deem it fi;
(b) without prejudice to provisions of the code of Professional and Ethical Conduct, summon any person in Nigeria to attend any meeting of the Council to give evidence and to examine him as a witness in the case of journalists;
(c) consider and deal with any matter referred to it in the absence of any party who has been duty summoned to appear before it;
(d) admit any evidence, whether written or oral and act on evidence, whether written or oral;
(e) appoint any person to act as a interpreter in any matter brought before it;
(f) generally give all such directions and do all such things as are necessary or expedient for dealing speedily and justly with any matter referred to it from time to time
(2) Summons issued under subection 1) (b) of this section shall be in the form set out in Second Schedule to this Act and shall be served by such persons as the Council may direct/
12 The Chairman shall have power to issue on behalf of the Council all summons and appoint such number of interpreters as may be required under this Act, either before or during the inquiry until the final determinations.
13 Any interpreter appointed under section 12 of this Act shall before assuming office, subscribe before the Council, to the oath specified in the Third Schedule to this Act.
14 The chairman shall have power to issue on behalf of the Council all summons and appoint such number of interpreters as may be required under this Act, either before or during the inquiry of witness and interpreters.
Witnesses and interpreters and any other persons attending the inquiry at the request of the Councillor upon summons, shall be paid such sums, allowances or expenses, as the case may be, as the Council may, from time to time, direct and such payments shall be defrayed from the funds of the Council.
15 No member shall be liable for any act done or omitted to be done in the performance of his duties under or pursuant to this Act. Provided such act or commission is not inimical to Justice, Equity and the interests of the general public.
16 – (1) Complaints shall come to the Council by way of Appeal arising from the decision of the Media Practitioner Complaint Commission.
(2) Any person aggrieved —
(a) by anything published in respect of him in any medium of information; or
(b) by anything done in respect of him by any journalist in his capacity as a journalist; or
(c) by anything done against the journalist that is capable of limiting the preservation of the freedom of the Press guaranteed by the Constitution of the Federal Republic of Nigeria 1999, may make a complaint in respect thereof, in writing, addressed to the Council.
(3) If the Council is satisfied that the performance of the press is not consistent with the provisions of the Code of Professional and Ethical Conduct, the executive secretary shall, in accordance with such general directions as may be given by the Council, lay before the Council all appeals made under subsection (1) of this section.
17 – (1) where, after inquiring into a complaint under section 16 of this Act, the Council is satisfied that-
(a) the subject matter in respect of which the complaint was made, was not in accordance with the provisions of the Code of Professional and Ethical Conduct:
referred to in paragraph (a) of this subsection;
(c) the conduct of a journalist or person is, ill the circumstances of the case blameworthy.
(2) The Council may, where appropriate, direct the medium of information or cause the person concerned to publish, in such manner as the Council may direct, a suitable apology or correction, and may in addition reprimand the Journalist or person concerned in the matters or uphold the decision of the Media Practitioner Complaint Commission or as the case may be.
(3) Where the medium of information or the journalist so sanctioned in accordance with subsection (1) of this section does not comply with the Council’s decisions, the medium or journalist is guilty of an offence and is liable on conviction –
(a) in the case of a body corporate to a fine of N100,000; and
(B) in the case of a journalist of a fine of N50,000 and the Council shall order the suspension of the journalist or Media House from practice for a period not exceeding six months.
4) Where there is persistent refusal to comply with the directives of the Council, the medium or journalist so sanctioned in accordance with subsection (1) of this section, commits of an offence and is liable on conviction –
(a) in the case of a body corporate to a fine of N500,000; and
(b) in the case of a journalist to a fine of N100,000.
(5) The Council may cause to be published in the Press Journal and in such other manner as the Council may deem fit the name of any journalist reprimanded by the Council under subsection (1) of this section.
18.– (1) Subject to rules made under this Act, a person shall be entitled to be fully registered under this Act if–
(a) he has attended a course of training recognised by the Council so acquired, with the cognate experience recognised by the Council; or
(b) the course was conducted at an institution so approved, or partly at one such institution and partly at another or others; or
(c) he holds a qualification so approved; or
(d) he holds a certificate of experience issued in pursuance of section 24 of this Act.
(e) he has a general professional orientation which covers the basic requirements of information art, leading to a qualification not less than a diploma; and
(f) he has a good knowledge of the politics and socioeconomic affairs of his society acquired from an approved institution.
19-(1) It shall be the duty of the executive secretary to maintain a register of a accredited journalists and News Agents compiled by the Council in collaboration with the Nigeria Union of Journalists and the Nigerian Guild of Editors.
(2) The register referred to in subsection (1) of this section shall (without prejudice to any other mode of proof) be admissible in any proceedings as evidence that any person specified in the document or the documents read together is registered or was so registered and that any person not so specified was authorised.
(3) where in accordance with subsection (2) of this section a person is in any proceedings shown to have been or not to have been so registered at a particular date with the Council he shall, unless the contrary is proved, be taken for the purpose of those proceedings as having at all material times thereafter continued to be or not be so registered.
PART III — OWNERSHIP OF THE PRESS AND THE MEDIA
20. Ownership of media establishment shall be in accordance with section 39 (2) of the Constitution of the Federal Republic of Nigeria, 1999.
21. Every Nigerian citizen or corporate body authorised by the President, Commander-in-Chief of the Armed Forces, on the fulfillment of such conditions as had been laid down by the National Assembly, shall have the right to own, establish or operate a television or own, establish or operate a television or wireless broadcasting station for educating, entertaining and informing the citizenry.
22. The right of the Government of the Federation or of a State to own, establish or operate a television or wireless broadcasting station shall be exercised in the interest of the Generality of the peoples of the Federation or of the State, as the case may be, and such right shall not be exercise to the detriment of the privately owned media journalist.
PART IV — FREEDOM OF JOURNALISTS TO PRACTICE THEIR PROFESSION
23. The freedom of the press as established by section 39 of the 1999 Constitution of the Federal Republic of Nigeria is hereby further guaranteed.
24. No journalist shall be arbitrarily arrested, detained, prosecuted or punished for his published views and opinions, and;
25. Notwithstanding the provisions in paragraph 8 (d) of the Third Schedule of the NBC Act No. 38 of 1992 (as amended), paragraph13.3.3.1 (c) of the NBC Code, no media establishment shall be arbitrarily closed down, scaled up or practice licence revoked for publishing an opinion or information, except in accordance with the provisions of this bill or in accordance with any other bill enacted by the National Assembly, or in the due process of application of the procedure relating to a breach of an existing law in Nigeria.
PART V — QUALIFICATION TO PRACTICE AS A JOURNALIST
26. A person shall not practice as a Journalist in Nigeria unless —
(a) he has passed the qualifying examinations as approved by the Nigerian Press and Practice of Journalism Council
(b) he is a registered member of the Nigerian Union of Journalists;
(c) he is employed as an editorial staff (that is, Reporter, Editor, Sub-Editor, Features Writer, Leader Writer, Proof Reader, Photo Journalist, TV Engineering, Cameraman, Cartoonist, Information Officer in State or Federal Ministries of Information, or Local Government Information Officer, or Newscaster attached to News and Current Affairs Department) in a media establishment recognised by law;
(d) possess either a Higher National Diploma (HND) or a Degree or their equivalent in Journalism or Mass Communication obtained from recognised institutions.
(c) he has qualifications in other disciplines from a recognised institution and has passed the prescribed professional examination of the Nigeria Union of Journalist; or
27. – (1) The Press and Practice of Journalism Council in conjunction with the Nigerian Union of Journalists (NUJ), Newspaper Proprietors Association of Nigeria (NPAN), the Broadcasting Organisation of Nigeria (BON), The Nigerian Institute of Journalism and the Nigerian Guild of Editors (NGE) shall establish a National Examination and Accreditation Board to conduct examination for would-be journalists or graduates of Mass Communications in Nigeria in the Nigeria Institute of Journalism.
(2) The following body shall form the National Examination and Accreditation Board NEAB)—
(a) 3 representatives of the Nigerian Press and Practice of Journalism Council
(b) 2 representatives of the Nigeria Union of Journalists
(c) 2 representatives of the Newspapers Proprietors of Nigeria
(d) 2 representatives of the Broadcasting Organisation of Nigeria
(e) 2 representatives of the Nigerian Guilds of Editors.
(3) The National Examination and Accreditation Board shall make rules guiding the conduct of the students and the general academic activities of the Nigerian Institute of Journalism.
(4) the Nigerian Institute of Journalism shall organise a one-year professional programme for the training of graduate of journalism.
(5) The Nigeria Press and practice of Journalism Council shall establish Journalists Registration Board which shall among other activities, issue certificate of practice to every registered journalist in Nigeria.
28. Subject to subsection (2) of this section, the Council may approve for the purpose of Section 20 of this Act—
(a) a course of training which is intended for persons who are seeking to become or are journalists and which the Council considers is designed to confer on persons completing it, sufficient knowledge and skill for the practice as members of the profession;
(b) any institution either in Nigeria, or elsewhere, which the Council considers is properly the whole or any part of a course of training approved by the Council under this section; and
(c) any qualification which, as a result of an examination take in conjunction with the course of training approved by the Council under this section, is granted to candidates reaching a standard at the examination indicating, in the opinion of the Council that they have sufficient knowledge and skill to practice journalism as a profession.
(2) The Council shall from time to time, publish in the Federal Gazette a list of qualifications in the profession of journalism approved by it, and subject thereto, the Council shall not approved for the purposes of subsection (1) of this section a qualification granted by an institution Nigeria, unless the qualification has been so published by the Council.
(3) The Council may, if it thinks fit, withdraw any approval given under this section of this Act in respect of course, qualification or institution; but before withdrawing such an approval the Council shall —
(a) give notice that it proposes to do so to persons in Nigeria appearing to the Council to be persons by whom the course is conducted or the qualification is granted or the institution is controlled, as the case may be; and
(b) afford each such person an opportunity of making to the Council representation with regard to the proposals; and
(c) talk into consideration any representation made as respects the proposal to withdraw the approval.
(4) As respects any period during which the approval of the Council under this section for a course, institution or qualification is withdrawn, the course, or qualification or institution shall not be treated as approved under this section; but the withdrawal of such an approval shall not prejudice the registration or eligibility for registration of any person who by virtue of the approval was registered or was eligible for registration (either) unconditionally or subject to the obtaining a certificate or experience) immediately before the approval was withdrawn.
(5) The giving or withdrawal of an approval under this section of this Act, shall have effect from such date after execution of the instrument signifying the giving or withdrawal of the approval, as the Council may specify in that instrument and the Council shall—
(a) as soon as possible, publish a copy of every such instrument in the Federal Gazette and
(b) not later than seven days before its publication as aforesaid, send a copy of the instrument to the Minister.
29. — (1) it shall be the duty of the Council to keep itself informed of the nature of—
(a) the instruction given at approved institutions to persons attending approved courses of training;
(b) the examinations, as a result of which approved qualifications are granted, and for the purposes of performing that duty, the Council may appoint, either from among its own members of otherwise, person to visit approved institution or to attend such examinations.
(2) It shall be the duty of a person appointed under subsection (1) of this section, to report to the Council on —
(a) the adequacy of the instruction given to person attending such approved courses of training at institutions visited by him;
(b) the adequacy or otherwise of the examinations attended by him; and
(c) any other matter relating to the institutions or examination on which the Council may, either generally or in a particular case, request him to report:
Provided that the person shall not interfere with the giving of any instruction or the holding of any examinations.
(3) Our receiving a report made in pursuance of this section of this Act the Council shall, as soon as may be send a copy of the report to the person appearing to the Council to be in charge of this institution or responsible for the examinations to which the report relates requesting that person to make representations to the Council within such period as may be specified in the request, not being less than one month beginning with the date of the request.
30. — (1) A person who after obtaining an approved qualification, satisfies the conditions specified in subsection (2) of this section shall be entitled to receive free of charge a certificate of experience in the prescribed for from the person in charge of the institution.
(2)The conditions referred to in subsection (1) of this section are that—
(a) he shall have served his time for employment, the prescribed period in Nigeria with a view to obtaining a certificate of experience; or
(b) He shall have acquired during his employment practical experience under the personal supervision and guidance of one more registered journalists for such periods as may be prescribed.
(c) the manner in which he carried out the duties of is employment and —————————the period of his employment shall have been satisfactory.
(3( it shall be the duty of the employer, being a registered journalist supervising the training of the person employed with a view to obtaining a certificate of experience, to ensure that the person is afforded proper opportunities of acquiring the practical experience required for the purposes to paragraph (b)of subsection (2) of this section.
(4) Whereafter having served his time as referred to in paragraph (c) of subsection (2) of this section, a person is refused certificate of experience, he shall be entitled—
(a) to receive from his employer particulars in writing of the grounds of the refusal; and
(b) to appeal against the refusal to a committee of the Council in accordance with rules made by the Council in that behalf (including rules as to the time within which appeals are to be brought) and on any such appeal the committee of the Council shall have power to either discuss the appeal or itself issue the certificate of experience in question or give such other direction on the matter as it considers just.
(5) The Minister may made regulations for the issuance of certificates of experience in respect of employment and Institutions outsider Nigeria.
31. The council may cause to be published in the Press Journal and in such other manner as the Council may deem fit the name of any journalist or person reprimanded by the Council in the exercise of its power under this Act.
32. The Council may publish its journal and books, to publicise its activities and the result of its findings on adjudication and such other matters which relate to the development of mass media in Nigeria.
PART VI — APPOINTMENT AS EDITOR
33.— (1) A person shall be qualified for appointment as Editor in a newspaper or media establishment if –
(a) he had attained the age of 25 years;
(b) he is a registered member of the Nigerian Union of Journalists; and
(c) he has, for a period of not less than ten years served as a reporter or acquired working experience as a journalist in a reputable newspaper house, electronic news medium of news agency.
(2) Nothing in subsection (1) of this section shall be —————————–to include working experience, employment in a house journal, newsletter or any similar publications.
34. Any media establishment that appoints any journalist without the appropriate Qualifications as editor shall be guilty of an offence of professional misconduct, and the matter shall be referred to the Nigerian Press and Practice of Journalism Council who shall proceed on the matter in accordance with Part IX of this Act.
PART VII — CONDITIONS OF SERVICE
35. In order to ensure the independence, objectivity, impartiality and transparency of journalists, they shall be placed on salaries, allowances, pensions and general conditions of service at least not less than 20 per cent above those paid to staff in Federal and State Government parastatals and private companies as the case may be.
36. Any media establishment that covers at least two-thirds of the country shall pay their workers not less than 120 percent above the rates of salary, pensions, allowance, etc. which obtain at the Federal level, shall pay their workers not less than 20 per cent above the rates, pensions and allowances, etc. which operate at the State level. Allowances may however differ to accommodate peculiar needs.
37. The conditions of Service of Journalist including salaries, allowances, leave, general and retirement benefits, etc. shall be negotiated collectively and as necessary between the Nigeria Union of Journalists (NUJ), the Newspaper Proprietors Association of Nigeria (NPAN), and the Broadcasting Organisation of Nigeria (BON).
38. Every registered journalist shall be given an insurance certificate taken out on his behalf by the employers with reputable Insurance Company.
39. The agreed Conditions of Service shall be published in the Federal Gazette, and made available to every journalist and media establishment.
40. The —————————————–applicable salaries, allowances and conditions of service, shall be an offence under this Bill and shall be reported by the Nigeria Union of Journalists to the Nigerian Press
Courtesy: Vanguard Newspapers
Sponsored by Hon. Abike Dabiri
Be it enacted by the National Assembly of the Federal Republic of Nigeria as follows:
Part 1 – Establishment of the Nigerian Press and Practice of Journalism Council (NPPJC)
1.There is hereby established a body to be known as the Nigerian Press and Practice of Journalism Council (in this Act referred to as “the council of Journalism”) which shall be a body corporate with perpetual succession and a common seal and may sue and be sued in its corporate name.
2 (1) The Council of Journalism shall consist a chairman and the following other members, that is-
(a) four representatives of the Nigerian Union of Journalists;
(b) two representatives of the Nigerian Guild of Editors;
(c) two representatives of the Newspapers Proprietors Association of Nigeria who shall be practising journalist;
(d) four representatives of the general public; one of whom shall be a legal practitioner and one woman;
(e) one representative of education institutions involved in the training of journalists
(f) one representative of the Federal Ministry of Information and National Orientation who shall be a practising journalists
(g) two representatives of the Broadcasting Organisation of Nigeria;
(h) one representative of the News Agency of Nigeria, who shall be a practising journalists; and
(i) Executive Secretary of the Council of Journalism
(2) The chairman of the Council of Journalism shall be appointed by the president, on the recommendation of the minister, after due consideration of the submission of the Nigerian Press Organisation and shall be a person -
(a) of high intellectual and moral qualities and knowledge about the press and public affairs; and
(b) With not less than twenty years experience as a journalist
(3) The members of the Council of Journalism appointed under the paragraphs (d) and (f) of subsection (l) of this section shall be appointed by the Minister and members of the Council appointed under paragraph (a), (b), (c), (e), (g) and (f) of the said subsection shall be appointed by the Minister after an election by or on the nomination of the union, association of other body concerned.
(4) The supplementary provisions set out in the First Schedule to this Act shall have effect with respect to the tenure of office and proceedings of the Council and the other matters contained therein.
(3) The Council shall be charged with the duty of -
(a) enquiring into complaints about the conduct of the press and the conduct of any person or organisation towards the press and exercising in respect of the complaints the powers conferred upon it under this Act;
(b) monitoring the activities of the press with a view to ensuring compliance with the code of Professional and ethical conduct as provided for in this Act;
(c) receiving application form, and documenting the print media and monitoring their performance to ensure that owners and publishers comply with the terms of their mission statements and objectives in liaison with the Newspapers Proprietors Association of Nigeria;
(d) researching into contemporary press development and engaging in updating press documentation
(e) fostering the achievement and maintaining of high professional standards by the press;
(f) reviewing developments likely to restrict the supply through the press, of information of public interest and importance of which are liable to prevent free access of the press to information and advising on measures necessary to prevent or remedy such development;
(g) ensuring the protection of the rights and privileges of journalists in the lawful performance of their professional duties
4 (1) There shall be appointed for the Council of Journalism an Executive Secretary by the President; on the recommendation of the Minister
(2) The executive secretary shall -
(a) be a journalist with at least 15 years post qualification experience and shall have held high journalist positions;
(b) be the chief executive of the Council;
(c) be responsible for the execution of the policy of the Council and of its day-to-day administration;
(d) in addition to the functions expressly conferred on him by this Act; perform such other functions as the Council may, from time to time, direct;
(e) hold office on such terms as to emolument and otherwise, as may be specified in his letter of appointment and may, from time to time, be approved by the president;
(f) subject to this, the executive secretary shall hold office for a term of four years in the first instance and may be eligible for reappointment for a further term of four years;
(g) the executive secretary may be removed from office on the recommendation of the Minister for inability to discharge the functions of his office arising from infirmity of mind of body or from other cause.
5 (1) The Council may appoint other employees as it may consider necessary for the efficient performance of the Council’s duties under this Act
(2) The terms of service (include terms and conditions as to remuneration; allowances; retiring benefits and discipline) of the secretary and other employees of the Council shall be such as may be determined, from time to time, by the Council
(3) In carrying out the functions for which the Council is established under this Act, the Council shall be autonomous and shall not be subject to the direction or control of any other authority or person except as provided in this Act
6 (1) Service in the Council shall be approved service for purpose of the Pension Act
(2) Employees of the Council shall be entitled to pension, gratuities and any other retirement benefits as are enjoyed by persons holding equivalent grades in the civil service of the Federation
(3) Nothing in subsection (1) or (2) of this section shall prevent the appointment of a person to any office on terms which preclude the grant of pensions and gratuity in respect of that office -
(4) For the purpose of the application of the provisions of the Pension Act, any power exercisable thereunder by a Minister or authority of the Government of the Federation, other than the power to make regulations under section 29 thereof is hereby vested in and shall be exercisableby the Council other than any other person or authority
7 Without prejudice to the provisions of sections 6 of this Act, the terms and conditions of service including terms and conditions of remunerations, allowance, retirement and other benefits of the staff and other employees of the council shall be as may be determined by the Council with the approval of the Minister
Part II Power the Council of Journalism
8. In carrying out the functions for which the Council is established under this Act, the Council shall be autonomous and shall not be subject to the direction of control of any other authority or person except as provided in this Act.
9 (1) The Nigerian Union of Journalists shall provide a code of Professional and Ethnial Conduct to guide the press and journalists in the performance of their duties
(2) The Nigerian Union of Journalists shall cause a revision of such a code of Professional and Ethical Conduct as deemed appropriate from time to time to conform with media practices
(3) The Council shall, after due consideration, approve the code of professional and Ethical conduct by the Nigerian Union of Journalists and ensure compliance
(4) The Council shall cause to be published in the Nigeria Press and Practice of Journalism Council Journal, the code of Professional and Ethical Conduct as approved under subsection (3) of this subsection which shall be binding on every journalist in Nigeria
10 Every member of the council shall be required on assuming office, to subscribe to an oath that he shall faithfully and impartially and to the best of his ability, discharge his duties with respect to any inquiry conducted by the Council under this Act, and if the inquiry is not held in public, that he shall not divulge the proceedings, the vote or opinion of the members or any other matter relevant to the inquiry.
11 (1) Subject to the provisions of this Act the Council shall, following complaints lodged before it by any person, have the power to -
(a) inquiry into and examine all such witness as the Council may deem it fi;
(b) without prejudice to provisions of the code of Professional and Ethical Conduct, summon any person in Nigeria to attend any meeting of the Council to give evidence and to examine him as a witness in the case of journalists;
(c) consider and deal with any matter referred to it in the absence of any party who has been duty summoned to appear before it;
(d) admit any evidence, whether written or oral and act on evidence, whether written or oral;
(e) appoint any person to act as a interpreter in any matter brought before it;
(f) generally give all such directions and do all such things as are necessary or expedient for dealing speedily and justly with any matter referred to it from time to time
(2) Summons issued under subection 1) (b) of this section shall be in the form set out in Second Schedule to this Act and shall be served by such persons as the Council may direct/
12 The Chairman shall have power to issue on behalf of the Council all summons and appoint such number of interpreters as may be required under this Act, either before or during the inquiry until the final determinations.
13 Any interpreter appointed under section 12 of this Act shall before assuming office, subscribe before the Council, to the oath specified in the Third Schedule to this Act.
14 The chairman shall have power to issue on behalf of the Council all summons and appoint such number of interpreters as may be required under this Act, either before or during the inquiry of witness and interpreters.
Witnesses and interpreters and any other persons attending the inquiry at the request of the Councillor upon summons, shall be paid such sums, allowances or expenses, as the case may be, as the Council may, from time to time, direct and such payments shall be defrayed from the funds of the Council.
15 No member shall be liable for any act done or omitted to be done in the performance of his duties under or pursuant to this Act. Provided such act or commission is not inimical to Justice, Equity and the interests of the general public.
16 – (1) Complaints shall come to the Council by way of Appeal arising from the decision of the Media Practitioner Complaint Commission.
(2) Any person aggrieved —
(a) by anything published in respect of him in any medium of information; or
(b) by anything done in respect of him by any journalist in his capacity as a journalist; or
(c) by anything done against the journalist that is capable of limiting the preservation of the freedom of the Press guaranteed by the Constitution of the Federal Republic of Nigeria 1999, may make a complaint in respect thereof, in writing, addressed to the Council.
(3) If the Council is satisfied that the performance of the press is not consistent with the provisions of the Code of Professional and Ethical Conduct, the executive secretary shall, in accordance with such general directions as may be given by the Council, lay before the Council all appeals made under subsection (1) of this section.
17 – (1) where, after inquiring into a complaint under section 16 of this Act, the Council is satisfied that-
(a) the subject matter in respect of which the complaint was made, was not in accordance with the provisions of the Code of Professional and Ethical Conduct:
referred to in paragraph (a) of this subsection;
(c) the conduct of a journalist or person is, ill the circumstances of the case blameworthy.
(2) The Council may, where appropriate, direct the medium of information or cause the person concerned to publish, in such manner as the Council may direct, a suitable apology or correction, and may in addition reprimand the Journalist or person concerned in the matters or uphold the decision of the Media Practitioner Complaint Commission or as the case may be.
(3) Where the medium of information or the journalist so sanctioned in accordance with subsection (1) of this section does not comply with the Council’s decisions, the medium or journalist is guilty of an offence and is liable on conviction –
(a) in the case of a body corporate to a fine of N100,000; and
(B) in the case of a journalist of a fine of N50,000 and the Council shall order the suspension of the journalist or Media House from practice for a period not exceeding six months.
4) Where there is persistent refusal to comply with the directives of the Council, the medium or journalist so sanctioned in accordance with subsection (1) of this section, commits of an offence and is liable on conviction –
(a) in the case of a body corporate to a fine of N500,000; and
(b) in the case of a journalist to a fine of N100,000.
(5) The Council may cause to be published in the Press Journal and in such other manner as the Council may deem fit the name of any journalist reprimanded by the Council under subsection (1) of this section.
18.– (1) Subject to rules made under this Act, a person shall be entitled to be fully registered under this Act if–
(a) he has attended a course of training recognised by the Council so acquired, with the cognate experience recognised by the Council; or
(b) the course was conducted at an institution so approved, or partly at one such institution and partly at another or others; or
(c) he holds a qualification so approved; or
(d) he holds a certificate of experience issued in pursuance of section 24 of this Act.
(e) he has a general professional orientation which covers the basic requirements of information art, leading to a qualification not less than a diploma; and
(f) he has a good knowledge of the politics and socioeconomic affairs of his society acquired from an approved institution.
19-(1) It shall be the duty of the executive secretary to maintain a register of a accredited journalists and News Agents compiled by the Council in collaboration with the Nigeria Union of Journalists and the Nigerian Guild of Editors.
(2) The register referred to in subsection (1) of this section shall (without prejudice to any other mode of proof) be admissible in any proceedings as evidence that any person specified in the document or the documents read together is registered or was so registered and that any person not so specified was authorised.
(3) where in accordance with subsection (2) of this section a person is in any proceedings shown to have been or not to have been so registered at a particular date with the Council he shall, unless the contrary is proved, be taken for the purpose of those proceedings as having at all material times thereafter continued to be or not be so registered.
PART III — OWNERSHIP OF THE PRESS AND THE MEDIA
20. Ownership of media establishment shall be in accordance with section 39 (2) of the Constitution of the Federal Republic of Nigeria, 1999.
21. Every Nigerian citizen or corporate body authorised by the President, Commander-in-Chief of the Armed Forces, on the fulfillment of such conditions as had been laid down by the National Assembly, shall have the right to own, establish or operate a television or own, establish or operate a television or wireless broadcasting station for educating, entertaining and informing the citizenry.
22. The right of the Government of the Federation or of a State to own, establish or operate a television or wireless broadcasting station shall be exercised in the interest of the Generality of the peoples of the Federation or of the State, as the case may be, and such right shall not be exercise to the detriment of the privately owned media journalist.
PART IV — FREEDOM OF JOURNALISTS TO PRACTICE THEIR PROFESSION
23. The freedom of the press as established by section 39 of the 1999 Constitution of the Federal Republic of Nigeria is hereby further guaranteed.
24. No journalist shall be arbitrarily arrested, detained, prosecuted or punished for his published views and opinions, and;
25. Notwithstanding the provisions in paragraph 8 (d) of the Third Schedule of the NBC Act No. 38 of 1992 (as amended), paragraph13.3.3.1 (c) of the NBC Code, no media establishment shall be arbitrarily closed down, scaled up or practice licence revoked for publishing an opinion or information, except in accordance with the provisions of this bill or in accordance with any other bill enacted by the National Assembly, or in the due process of application of the procedure relating to a breach of an existing law in Nigeria.
PART V — QUALIFICATION TO PRACTICE AS A JOURNALIST
26. A person shall not practice as a Journalist in Nigeria unless —
(a) he has passed the qualifying examinations as approved by the Nigerian Press and Practice of Journalism Council
(b) he is a registered member of the Nigerian Union of Journalists;
(c) he is employed as an editorial staff (that is, Reporter, Editor, Sub-Editor, Features Writer, Leader Writer, Proof Reader, Photo Journalist, TV Engineering, Cameraman, Cartoonist, Information Officer in State or Federal Ministries of Information, or Local Government Information Officer, or Newscaster attached to News and Current Affairs Department) in a media establishment recognised by law;
(d) possess either a Higher National Diploma (HND) or a Degree or their equivalent in Journalism or Mass Communication obtained from recognised institutions.
(c) he has qualifications in other disciplines from a recognised institution and has passed the prescribed professional examination of the Nigeria Union of Journalist; or
27. – (1) The Press and Practice of Journalism Council in conjunction with the Nigerian Union of Journalists (NUJ), Newspaper Proprietors Association of Nigeria (NPAN), the Broadcasting Organisation of Nigeria (BON), The Nigerian Institute of Journalism and the Nigerian Guild of Editors (NGE) shall establish a National Examination and Accreditation Board to conduct examination for would-be journalists or graduates of Mass Communications in Nigeria in the Nigeria Institute of Journalism.
(2) The following body shall form the National Examination and Accreditation Board NEAB)—
(a) 3 representatives of the Nigerian Press and Practice of Journalism Council
(b) 2 representatives of the Nigeria Union of Journalists
(c) 2 representatives of the Newspapers Proprietors of Nigeria
(d) 2 representatives of the Broadcasting Organisation of Nigeria
(e) 2 representatives of the Nigerian Guilds of Editors.
(3) The National Examination and Accreditation Board shall make rules guiding the conduct of the students and the general academic activities of the Nigerian Institute of Journalism.
(4) the Nigerian Institute of Journalism shall organise a one-year professional programme for the training of graduate of journalism.
(5) The Nigeria Press and practice of Journalism Council shall establish Journalists Registration Board which shall among other activities, issue certificate of practice to every registered journalist in Nigeria.
28. Subject to subsection (2) of this section, the Council may approve for the purpose of Section 20 of this Act—
(a) a course of training which is intended for persons who are seeking to become or are journalists and which the Council considers is designed to confer on persons completing it, sufficient knowledge and skill for the practice as members of the profession;
(b) any institution either in Nigeria, or elsewhere, which the Council considers is properly the whole or any part of a course of training approved by the Council under this section; and
(c) any qualification which, as a result of an examination take in conjunction with the course of training approved by the Council under this section, is granted to candidates reaching a standard at the examination indicating, in the opinion of the Council that they have sufficient knowledge and skill to practice journalism as a profession.
(2) The Council shall from time to time, publish in the Federal Gazette a list of qualifications in the profession of journalism approved by it, and subject thereto, the Council shall not approved for the purposes of subsection (1) of this section a qualification granted by an institution Nigeria, unless the qualification has been so published by the Council.
(3) The Council may, if it thinks fit, withdraw any approval given under this section of this Act in respect of course, qualification or institution; but before withdrawing such an approval the Council shall —
(a) give notice that it proposes to do so to persons in Nigeria appearing to the Council to be persons by whom the course is conducted or the qualification is granted or the institution is controlled, as the case may be; and
(b) afford each such person an opportunity of making to the Council representation with regard to the proposals; and
(c) talk into consideration any representation made as respects the proposal to withdraw the approval.
(4) As respects any period during which the approval of the Council under this section for a course, institution or qualification is withdrawn, the course, or qualification or institution shall not be treated as approved under this section; but the withdrawal of such an approval shall not prejudice the registration or eligibility for registration of any person who by virtue of the approval was registered or was eligible for registration (either) unconditionally or subject to the obtaining a certificate or experience) immediately before the approval was withdrawn.
(5) The giving or withdrawal of an approval under this section of this Act, shall have effect from such date after execution of the instrument signifying the giving or withdrawal of the approval, as the Council may specify in that instrument and the Council shall—
(a) as soon as possible, publish a copy of every such instrument in the Federal Gazette and
(b) not later than seven days before its publication as aforesaid, send a copy of the instrument to the Minister.
29. — (1) it shall be the duty of the Council to keep itself informed of the nature of—
(a) the instruction given at approved institutions to persons attending approved courses of training;
(b) the examinations, as a result of which approved qualifications are granted, and for the purposes of performing that duty, the Council may appoint, either from among its own members of otherwise, person to visit approved institution or to attend such examinations.
(2) It shall be the duty of a person appointed under subsection (1) of this section, to report to the Council on —
(a) the adequacy of the instruction given to person attending such approved courses of training at institutions visited by him;
(b) the adequacy or otherwise of the examinations attended by him; and
(c) any other matter relating to the institutions or examination on which the Council may, either generally or in a particular case, request him to report:
Provided that the person shall not interfere with the giving of any instruction or the holding of any examinations.
(3) Our receiving a report made in pursuance of this section of this Act the Council shall, as soon as may be send a copy of the report to the person appearing to the Council to be in charge of this institution or responsible for the examinations to which the report relates requesting that person to make representations to the Council within such period as may be specified in the request, not being less than one month beginning with the date of the request.
30. — (1) A person who after obtaining an approved qualification, satisfies the conditions specified in subsection (2) of this section shall be entitled to receive free of charge a certificate of experience in the prescribed for from the person in charge of the institution.
(2)The conditions referred to in subsection (1) of this section are that—
(a) he shall have served his time for employment, the prescribed period in Nigeria with a view to obtaining a certificate of experience; or
(b) He shall have acquired during his employment practical experience under the personal supervision and guidance of one more registered journalists for such periods as may be prescribed.
(c) the manner in which he carried out the duties of is employment and —————————the period of his employment shall have been satisfactory.
(3( it shall be the duty of the employer, being a registered journalist supervising the training of the person employed with a view to obtaining a certificate of experience, to ensure that the person is afforded proper opportunities of acquiring the practical experience required for the purposes to paragraph (b)of subsection (2) of this section.
(4) Whereafter having served his time as referred to in paragraph (c) of subsection (2) of this section, a person is refused certificate of experience, he shall be entitled—
(a) to receive from his employer particulars in writing of the grounds of the refusal; and
(b) to appeal against the refusal to a committee of the Council in accordance with rules made by the Council in that behalf (including rules as to the time within which appeals are to be brought) and on any such appeal the committee of the Council shall have power to either discuss the appeal or itself issue the certificate of experience in question or give such other direction on the matter as it considers just.
(5) The Minister may made regulations for the issuance of certificates of experience in respect of employment and Institutions outsider Nigeria.
31. The council may cause to be published in the Press Journal and in such other manner as the Council may deem fit the name of any journalist or person reprimanded by the Council in the exercise of its power under this Act.
32. The Council may publish its journal and books, to publicise its activities and the result of its findings on adjudication and such other matters which relate to the development of mass media in Nigeria.
PART VI — APPOINTMENT AS EDITOR
33.— (1) A person shall be qualified for appointment as Editor in a newspaper or media establishment if –
(a) he had attained the age of 25 years;
(b) he is a registered member of the Nigerian Union of Journalists; and
(c) he has, for a period of not less than ten years served as a reporter or acquired working experience as a journalist in a reputable newspaper house, electronic news medium of news agency.
(2) Nothing in subsection (1) of this section shall be —————————–to include working experience, employment in a house journal, newsletter or any similar publications.
34. Any media establishment that appoints any journalist without the appropriate Qualifications as editor shall be guilty of an offence of professional misconduct, and the matter shall be referred to the Nigerian Press and Practice of Journalism Council who shall proceed on the matter in accordance with Part IX of this Act.
PART VII — CONDITIONS OF SERVICE
35. In order to ensure the independence, objectivity, impartiality and transparency of journalists, they shall be placed on salaries, allowances, pensions and general conditions of service at least not less than 20 per cent above those paid to staff in Federal and State Government parastatals and private companies as the case may be.
36. Any media establishment that covers at least two-thirds of the country shall pay their workers not less than 120 percent above the rates of salary, pensions, allowance, etc. which obtain at the Federal level, shall pay their workers not less than 20 per cent above the rates, pensions and allowances, etc. which operate at the State level. Allowances may however differ to accommodate peculiar needs.
37. The conditions of Service of Journalist including salaries, allowances, leave, general and retirement benefits, etc. shall be negotiated collectively and as necessary between the Nigeria Union of Journalists (NUJ), the Newspaper Proprietors Association of Nigeria (NPAN), and the Broadcasting Organisation of Nigeria (BON).
38. Every registered journalist shall be given an insurance certificate taken out on his behalf by the employers with reputable Insurance Company.
39. The agreed Conditions of Service shall be published in the Federal Gazette, and made available to every journalist and media establishment.
40. The —————————————–applicable salaries, allowances and conditions of service, shall be an offence under this Bill and shall be reported by the Nigeria Union of Journalists to the Nigerian Press
Courtesy: Vanguard Newspapers
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