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- Former NBA president cites Section 39 of Constitution, challenges journalists to seek judicial clarification
Former President of the Nigerian Bar Association (NBA), Dr Olisa Agbakoba, SAN, has urged media organisations to seek judicial clarification on the extent of their constitutional right to obtain and disseminate election-related information, including the announcement of results.
Agbakoba, who chaired the 10th Annual Conference of the Guild of Corporate Online Publishers (GOCOP), said the media should test the issue in court, arguing that the constitutional guarantee of freedom of expression and the press deserved careful consideration alongside the statutory powers of the Independent National Electoral Commission (INEC).
He made the call on Thursday at the conference held at the Radisson Blu Hotel, Ikeja, Lagos, with the theme, “2027 Elections: Trust, Transparency and Shared Responsibilities.”
Agbakoba noted that while the Electoral Act provides for INEC’s authority and responsibilities in announcing election results at various levels, Section 39 of the 1999 Constitution, as amended, guarantees the right to freedom of expression, including the freedom to hold opinions and receive and impart information without interference.
He urged GOCOP and the wider media community to seek judicial interpretation of the relationship between these provisions, citing legal action by some American media organisations over access to the White House as an example of how the courts could be approached to clarify press freedoms.
“Media will not be gagged. The Rule of Law won in the US case, so test it in Nigeria,” he said.
The senior lawyer also referred to exit polls and the media’s role in reporting voters’ choices, arguing that journalists should be able to disseminate election-related information within the limits of the law.
His remarks placed the question of press freedom and electoral transparency among the issues requiring attention ahead of the 2027 general elections.
Economic hardship may shape 2027 polls
Agbakoba also drew attention to the economic challenges facing Nigerians, predicting that hardship would be a major issue in the forthcoming elections.
He cited the rising cost of essential medicines as an illustration of the financial pressures confronting households, suggesting that voters’ experiences of economic conditions would influence their assessment of political leadership.
Describing citizens as shareholders in “Nigeria PLC”, the former NBA president likened the 2027 general elections to an annual general meeting at which Nigerians would assess the country’s direction and determine whether those seeking or holding political power had met their expectations.
The analogy underscored his call for citizens to approach the elections as an opportunity to scrutinise leadership and demand accountability.
Nmodu calls for credible journalism
In his welcome address, GOCOP President, Danlami Nmodu, mni, said the conference was particularly significant as Nigeria prepares for another general election.
He explained that the theme reflected the Guild’s commitment to democratic development and highlighted the importance of public trust in institutions, transparency in electoral administration and the shared responsibility of stakeholders 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,” Nmodu said.
He charged journalists to scrutinise both the government and opposition parties while maintaining fairness, accuracy and balance in their reporting.
“We must report facts and be fair and balanced. Credible journalism is one of the ways we can contribute to a healthy democratic process,” he said.
The GOCOP president also called on the government to intensify efforts to tackle insecurity, promote peace and create an environment conducive to economic activity.
According to him, improved security would enable Nigerians to work, invest and pursue opportunities to improve their livelihoods.
Uzodinma urges objective reporting
In a goodwill message, Imo State Governor Hope Uzodinma, represented by the state’s Commissioner for Information, Declan Emelumba, urged media organisations to remain objective and fact-based in their coverage of the electoral process.
He said the media had a critical responsibility to keep Nigerians informed about the conduct of elections and the issues shaping democratic governance.
The governor’s representative also highlighted the achievements of the Uzodinma administration in Imo State, including its plans to develop the state into a digital and industrialised economy.
The debate over the media’s role in announcing election results touches on two important democratic principles: freedom of expression and the statutory framework governing elections.
Section 39 of Nigeria’s Constitution protects freedom of expression and the right to receive and impart information, while electoral legislation establishes procedures for the conduct of elections, collation of votes and declaration of results by authorised electoral officials.
The distinction between reporting election-related information and formally declaring official results is therefore important.
Media organisations routinely report figures and developments emerging from polling units and collation centres, but the legal limits of such reporting, particularly where unofficial figures or projections are involved, must be assessed against the applicable electoral laws and judicial decisions.
Agbakoba’s call for judicial clarification raises a question of public interest ahead of the 2027 elections: how can constitutional press freedoms be protected while ensuring that election results are communicated accurately and that the authority of legally designated electoral officials is respected?
A definitive legal position would require examination of the relevant constitutional provisions, electoral legislation and applicable court decisions.
Until then, media organisations should prioritise verification, distinguish projections and unofficial tallies from officially declared results, and avoid presenting unconfirmed figures as final outcomes.
