Dr Olisa Agbakoba, SAN, has urged the media to test in court the extent of its constitutional right to obtain and disseminate information during elections.
He spoke on Thursday on his remarks as the Chairman of the 10th Annual Conference of the Guild of Corporate Online Publishers (GOCOP), held in Lagos.
The former President of the Nigerian Bar Association (NBA) addressed the theme of the conference, “2027 Elections: Trust, Transparency and Shared Responsibilities.”
INEC, media and right to announce election results
He said that while the Electoral Act gives the Independent National Electoral Commission (INEC) authority to announce election results at different levels, Section 39 of the Constitution gives the Press the right to obtain and disseminate information.
“What can we do to assist INEC to succeed? We want to INEC to succeed in conducting free, credible, free and fair elections. It has not been able to do this all these years. But maybe it would be possible in 2027,” he said.
Agbakoba urged GOCOP and the wider media community to seek judicial clarification on the matter, drawing a comparison with recent legal action by some American media organisations over access to the White House.
“The big question has to do with Section 60 of the Constitution which gives exclusive power to various sectors of INEC to declare election results.
“But Section 39 of the same Constitution is an important section that has been overlooked. Why can’t individuals talk about election results, informed by opinion polls?
“Is the media gagged by Section 60 or empowered by Section 39 of the Constitution?
“Media will not be gagged. The Rule of Law won in the US case. So, test it in Nigeria,” human rights lawyer declared
He pointed to exit polls and the media’s role in reporting the choices made by voters, arguing that the media should be able to report election-related information within the limits of the law.
He identified indolent people and passive voters as two of the problems mitigating against credible elections, noting that most Nigerians have apathy for the electoral process and its outcome
Agbakoba said every Nigerian should regard himself or herself as a shareholder in “Nigeria PLC”, with the 2027 general election serving as an Annual General Meeting (AGM) in which citizens would assess the direction of the country.
“Every Nigerians should see himself or herself as a shareholder in the course of the 2027 elections. The media should assist voters to vote and ensure that their votes count,” he said.
Agbakoba also identified economic hardship was likely to be a major issue in the 2027 elections, citing the sharp increase in the cost of essential medicines as an example of the pressure facing Nigerians.
In his welcome address, GOCOP President, Danlami Nmodu, mni, said the conference came up at an suspicious time as Nigeria approached the 2027 elections.
Nmodu said the theme reflected GOCOP’s contribution to democratic development and the need for trust in institutions, transparency in the electoral process and shared responsibility for credible elections.
“As the country moves towards another general election, there is a need for trust in institutions, transparency in the electoral process, and a clear understanding that responsibility for credible elections does not belong to one institution or one group alone,” he said.
He said journalists had a responsibility to scrutinise both the government and the opposition and to report facts fairly and accurately.
“We must report facts and be fair and balanced. Credible journalism is one of the ways we can contribute to a healthy democratic process.
“I also call on government to do more to tackle insecurity, enhance peace, and support economic activity. Better security will give our people greater opportunity to work, invest, and improve their lives,” the GOCOP President added.
In a goodwill message, Imo State governor, Hope Uzodinma, represented by the Commissioner for Information, Declan Emelumba, urged the media to remain objective and focused on facts in its coverage of the electoral process.
He said the media has an important role to play in informing Nigerians about the conduct of elections and used the opportunity to highlight the achievements of his administration in Imo State, including its plans to develop the state as a digital and industrialised economy.
