SECTOR 1 1.1 Freedom of expression, including freedom of the media, is guaranteed in the constitution and supported by other pieces of legislation The Constitution of Nigeria recognises freedom of expression and of the media as fundamental rights protected by law. These rights are granted in Section 39, which states that: (1) Every person shall be entitled to freedom of expression, including freedom to hold opinions and to receive and impart ideas and information without interference. (2) Without prejudice to the generality of subsection (1) of this section, every person shall be entitled to own, establish and operate any medium for the dissemination of information, ideas and opinions: Provided that no person, other than the Government of the Federation or of a State or any other person or body authorised by the President on the fulfilment of conditions laid down by an Act of the National Assembly, shall own, establish or operate a television or wireless broadcasting station for, any purpose whatsoever. Nigerians consider the constitution to be supreme. ‘It is deemed that any other law will be consistent with the constitution and any law that is inconsistent with the constitution is null and void,’ said one panellist. In principle, therefore, all other laws should uphold the right to freedom of expression and of the media. Indeed, legislative and legal developments over the years seem to sustain this principle. For example, Nigeria passed a Freedom of Information Act in 2011 which, among other things, repeals the country’s Official Secrets Acts, protects the confidentiality of information sources and facilitates citizens enjoyment of the right to freedom of expression and of the press. Yet, panellists pointed out that several pieces of legislation, including clauses within the constitution, limited the full enjoyment of these rights. Panellists felt that parts of Section 36 of the constitution, which gives judges the power to hold trials behind closed doors under certain circumstances, infringed on the ability of journalists to cover court proceedings. Additionally, they felt that Section 39 (3), was a blank cheque to public officials that can be used indiscriminately to deny journalists access to certain news sources and locations. The sub-section states that: (3) Nothing in this section [referring to Section 39 (1&2)] shall invalidate any law that is reasonably justifiable in a democratic society – (a) for the purpose of preventing the disclosure of information received in confidence, maintaining the authority and independence of courts or regulating telephony, wireless broadcasting, television or the exhibition of cinematograph films; or (b) imposing restrictions upon persons holding office under the Government of the Federation or of a State, members of the armed forces of the Federation or members of the Nigeria Police Force or other Government security services or agencies established by law. 8 AFRICAN MEDIA BAROMETER NIGERIA 2019