SECTOR 1 1.6 Confidential sources of information are protected by law and/or the courts Nigerian laws and court decisions are not definite on the protection of confidential sources of information. On one hand, the FOI Act of 2011 acknowledges the general principle of ‘journalism confidentiality privilege’.5 On the other hand, a long-standing appeals court judgement in the case Momoh vs the Senate (1982) takes the view that journalists enjoy no special privileges, which has been broadly interpreted to include the protection of journalistic sources. These apparent contradictions make it hard to determine if confidential sources enjoy legal protection in Nigeria. Consequently, journalists routinely face pressure to reveal their sources. Panellists cited several examples, including that of a reporter who was “chased down” by the military to report on who had given him information on human rights violations, theft of relief material by troops deployed in the troubled north-east and that of a journalist pressured to reveal his source after reporting plans to relocate a tribunal on riots in Kaduna. Despite the amount of pressure that journalists face, it emerged from discussions that it is highly unusual for journalists in Nigeria to reveal their sources. In the examples cited above, both journalists stood their ground. However, refusing to reveal journalistic sources often comes at a great cost. In January 2019, joint forces of the Nigerian military and police raided the offices of the Daily Trust newspapers in Abuja, Lagos, Maiduguri and Kaduna after it ran a story alleging troops were planning an assault to retake Baga and several other towns under the control of a Boko Haram faction in Borno state. The troops took away computers and arrested several editors and journalists. The story cited unnamed sources claiming a military build-up for an offensive that would include ground troops, airmen and naval officers.6 Panellists, citing the general public view, said the newspaper had been raided for failing to reveal its sources. However, the army said the story ‘divulged classified military information, thus undermining national security’, according to a report by the Premium Times.7 The Daily Trust denied it breached any official secrecy laws. Panellists said the lack of a clear legal position on the protection of the confidentiality of news sources left journalists vulnerable. It was stated that public officials, security forces and even the courts, were among the most notorious for trying to extort information on news sources from journalists. In addition to the Daily Trust and numerous lesser-known cases of attempts to force journalists to give up their sources, panellists said Premium Times journalists and editors have been in and out of police and military detention over the years, allegedly over failure to disclose confidential news sources. 6 7 Hamza Idris and Uthman Abubaka (2019). “Military prepares massive operation to retake Baga, others.” Available online at: https://www.dailytrust.com.ng/military-prepares-massive-operation-to-retake-baga-others.html. Last accessed 31 July 2019. Sani Tukur (2019). “Why we invaded Daily Trust – Nigerian Army”. Available online at: https://www.premiumtimesng. com/news/headlines/304461-why-we-invaded-daily-trust-nigerian-army.html. Last accessed on 31 July 2019. 14 AFRICAN MEDIA BAROMETER NIGERIA 2019