Editorial
Buhari, National Interest And Rule Of Law
Recently, President Muhammadu Buhari was reported to have, while flagging off the 2018 Annual General Conference of the Nigeria Bar Association (NBA) in Abuja, announced that his administration was considering raising public interest and national security above the rule of law.
“Our apex court has had cause to adopt a position on this issue in this regard and it is now a matter of judicial recognition that where national and public interests are threatened, or there is a likelihood of their being threatened, the individual rights of those allegedly responsible must take second place in favour of the greater good of the society,” Buhari was quoted to have said.
Though the President did not give specific instances of how his government intends to draw the line between public interest and national security, the media had lately been awash with reactions occasioned by his speech at the NBA confab. Recall that the Attorney General of the Federation and Justice Minister, Abubakar Malami, had earlier adduced reasons why the Buhari administration could not release the detained former National Security Adviser, Col. Sambo Dasuki (rtd), despite court orders to that effect.
The Tide is dismayed by the President’s speech as it is not only worrisome but also unacceptable, especially if we consider that it is coming just a few months before the 2019 general elections. It is rather unfortunate that the President, as an individual, or perhaps in consultation with his motley crew of advisers, would be the sole determinant of what constitutes national interest/security.
It is our candid position that the courts (Judiciary) be allowed to interpret or draw the line between national interest/security and fundamental human rights of the citizens. The present situation where the government speedily executes favourable court judgments but trumps up security concerns only when it suffers embarrassing legal defeats simply smacks of brazen judicial contempt and executive rascality.
Our submission is premised on the understanding that Mr. President, being human, may have his prejudices over certain persons and issues which could affect his judgement in matters bordering on individual rights and national interest. While we concede that his office is enormously endowed with state powers, going by the 1999 Federal Constitution (as amended), it is also granted that the same document duly recognises the natural and fundamental rights of the citizens. More so, Nigeria is a signatory to the International Human Rights Treaty which unequivocally recognises the natural rights of individuals, especially in a democracy.
One of the most respected legal minds to comment on Buhari’s claim, Chief Mike Ozehkome (SAN), was reported to have countered thus: “He (President Buhari) is dead wrong. The rule of law predominates over national interest. Without the rule of law, there can be no nation-state. Without a nation-state, there can be no national interest. The rule of law is the father of national interest.”
There have also been suggestions that Buhari’s controversial claim, judging from experiences all over the world, particularly in Africa, points to the antics usually employed by despots to perpetuate themselves in power by incarcerating their critics and vocal members of the opposition. The suspicions seem to have been stoked by the President’s body language since assuming office in 2015, especially his refusal to obey court orders over Dasuki; arbitrary arrest and detention of newsmen; detention of sectarian leaders like El-Zak Zaky without trial; shooting of pro-Biafra agitators; and the Gestapo-style midnight raid of some judges’ residences across the country.
We understand that the President made a volte face last Friday, on account of the massive criticism that trailed his comment, but that could also be because a serious election season stares him in the face. And this is, therefore, no time for any unpopular claims.
Nigeria is a democratic state and the political class must learn to tolerate the opposition because that largely determines democratic sustenance. They must strive to imbibe democratic values, norms and ethos in line with international best practices if the country’s nascent democracy is to endure.
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WPFD: Nigeria’s Defining Test
Nigeria stands at a critical juncture as the world marked World Press Freedom Day (WPFD) on May 3. This annual observance is a reminder that a free press is central to democratic life, good governance, and public accountability. For Nigeria, it is also a moment for sober reflection on how far the country has come and how far it still has to go in safeguarding the independence of its media.
World Press Freedom Day exists to highlight the fundamental importance of freedom of expression and to honour journalists who risk their lives in pursuit of truth. It underscores the idea that without a free press, societies cannot function transparently, nor can citizens make informed decisions. In countries like Nigeria, where democracy continues to evolve, the observance carries particular urgency.
This year’s theme, “Shaping a Future at Peace: Promoting Press Freedom for Human Rights, Development and Security”, places journalism at the heart of global stability. It emphasises that a peaceful society cannot be built on silence, fear, or manipulated information. Rather, it depends on the free flow of accurate, timely, and independent reporting.
At its core, the theme highlights the role of journalism in fostering accountability, dialogue, and trust. These are not abstract ideals. In Nigeria, where public confidence in institutions is often fragile, the media remains one of the few platforms through which citizens can question authority and demand transparency. When press freedom declines, so too does public trust.
Journalism serves as a foundation for peace, security, and economic recovery. Countries with robust media systems tend to attract greater investment, maintain stronger institutions, and resolve conflicts more effectively. Nigeria’s economic challenges, ranging from inflation to unemployment, require open scrutiny and informed debate, both of which depend on a free press.
However, the issue of information integrity has become increasingly complex in the digital age. Artificial Intelligence (AI) and online platforms have amplified the spread of misinformation and disinformation. In Nigeria, where internet penetration has grown rapidly, false narratives can travel faster than verified facts. This makes the role of credible journalism more vital than ever.
The challenge is not only technological but also ethical. AI-driven manipulation of information threatens to distort public discourse, influence elections, and deepen social divisions. In such an environment, professional journalism must act as a stabilising force, ensuring that truth prevails over sensationalism and propaganda.
Equally troubling is the safety of journalists. Across Nigeria, reporters face growing levels of online harassment, judicial intimidation, and physical threats. Self-censorship is becoming more common, as media practitioners weigh the risks of reporting sensitive issues. This trend undermines the very essence of journalism.
A particularly alarming incident involved a serving minister in the present administration, who openly threatened to shoot a journalist during a televised exchange. Such conduct, broadcast to the public, sends a dangerous signal that hostility towards the press is acceptable. It erodes the norms of democratic engagement and places journalists in harm’s way.
This year’s theme aligns closely with the United Nations Sustainable Development Goal (SDG)16, which promotes peace, justice, and strong institutions. Freedom of expression is a cornerstone of this goal. Without it, institutions weaken, corruption thrives, and justice becomes elusive. Nigeria’s commitment to SDG 16 must therefore include genuine protection for the media.
Historically, the Nigerian press has been a formidable force. From resisting colonial rule to challenging military dictatorships, our journalists have played a central role in shaping the nation’s political landscape. Today, however, that legacy appears to be under strain, as the media operates under what can best be described as a veneer of freedom.
Beneath this facade lies a troubling reality. Journalists are routinely harassed, detained, and prosecuted for performing their constitutional duties. Reports from media watchdogs indicate that dozens of Nigerian journalists face legal threats or arrest each year, often for exposing corruption or criticising those in power.
The Cybercrimes (Prohibition, Prevention, etc.) Act of 2015 has become a focal point of concern. Originally intended to combat cyber threats, it has increasingly been used to silence dissent. Sections 24 and 27(1)(b), in particular, have been invoked to target journalists, bloggers, and social commentators.
Although amendments introduced in February 2024 were meant to safeguard journalists, concerns persist. The law continues to be wielded in ways that stifle investigative reporting and restrict freedom of expression. Legal reforms must go beyond cosmetic changes to address the root causes of misuse.
To safeguard the future of journalism in Nigeria, decisive action is required. The Cybercrimes Act must be revisited to ensure it cannot be weaponised against the press. Law enforcement agencies must operate free from political influence, upholding the rule of law and protecting journalists’ rights. Civil society and international partners must also strengthen independent media through funding, training, and platforms for wider reach.
In this rapidly evolving world shaped by artificial intelligence and digital innovation, Nigeria faces a clear choice. It can either allow press freedom to erode under pressure, or it can champion a truly independent media landscape. The path it chooses will determine not only the future of journalism, but also the strength of its democracy and the peace it seeks to build.
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