I thank the organisers of this seminar, the Public Complaints Commission, for giving me this opportunity to share my thoughts on this most important topic: “The Role of The Media in Promoting Administrative Justice in Nigeria.” I say important-because the media and the judiciary are two crucial watchdog institutions and fundamental pinions in the sustenance of a modern democracy.

Two key terms drive the treatment of this theme. They would naturally define its content and thrust. These include: Role of the Media - and - Administrative Justice in Nigeria. Along the line, how these two key terms interface and interact will naturally shape the structure and meaning of this short presentation.

In a 2007 article in The Guardian of London, A C Grayling wrote, “Without free speech we would not be able to articulate and debate our civil rights; we cannot defend our rights against any violations; we cannot enjoy broad and diverse education; we cannot document history and learn from it; we would not be able to enjoy literature, art, music or dance; and above all, there would not be a free and independent mass media.”

Grayling’s position has more or less been echoed by Clarence Ayres who argues that at the heart of democracy is the idea that each citizen has a voice, actualised in the right to vote, and when these diverse voices come together a majority rule is formed. But democracy is not just about majority rule, it is the process of inquiry by which consensus is formed. I guess that is one message that was lost on President Mohammed Morsi of Egypt who, despite winning a popular mandate a year ago, could not build the necessary consensus to govern and was ousted from power last night, following weeks of protests.

With little question, a free and independent media is one of democracy's most important institutions. By playing critical roles in the instrumental use of knowledge and by enlightening the citizenry, the media help to institutionalise the democratic process because the more diverse the information available to the public, the more accurate social valuations they can make. The other side to it, however, is that if an issue is distorted or muted in the media due to political pressure or government propaganda, the quality of debate suffers and the democratic process cannot accurately assess society's problems or prescribe solutions.

It may be necessary at this point to define the key concept here. In the broadest sense, the media embraces the television and film entertainment industries, a vast array of regularly published printed material, and even public relations and advertising. The "press" is supposed to be a most serious member of that family, focusing on real life instead of fantasy and serving the widest possible audience. A good generic term for the press in the electronic age is "news media." The emphasis in this definition is on content, not technology or delivery system, because the press can be found these days on the Internet, the mobile telephone and the airwaves.

Having dealt with a key component of this presentation, we move on to the other half. The onset of human civilization brought to the fore, the necessity of ending the rule of the jungle where the fittest and strongest ruled the roost. There simply had to be rules and laws to govern society and resolve disputes while the advancement of the state itself has to do with shielding the weak from the repressive inclinations of the strong. The search for equity and protection therefore brought about the law which in itself is a sure safeguard and handmaiden for justice.

Prior to British colonization and the introduction of its system of government and its courts in Nigeria, each of our ancient societies had developed their separate Customary Law that binds the people. In each of these societies, there were mores which regulated human conducts and prescribed punishments for all known crimes like theft, rape, murder, etc. There were instrumental powers within these societies to impose fines, imprisonment, banishment from the community and even death. They could also impose punishments like public caning or offering of sacrifices or appeasing the gods.

In the modern world, the judiciary is also a critical an institution in any democracy because, it is the arm of government which arbitrates disputes between the various levels of government, between government and citizens, and among citizens as well as among private sector agents. Given such important role, the judiciary is expected to have persons with the technical expertise and moral competence to interpret the law but that is not always the case. And this is where the watchdog role of the media is crucial.

It must, however be said that in recent times, the Supreme Court, the apex court in the country, has inspired much public confidence and respect because of the quality of its judgment, especially in some politically sensitive cases. Indeed, one can argue that the gradual maturity of the democratic process in Nigeria, where politicians now prefer legal recourse to taking the laws into their own hands, is directly linked to the growing public confidence in the courts.

Yet there are challenges. Just recently, the Chief Justice of Nigeria, Mrs Mariam Mukhtar traced the problem of slow administration of justice in the country to the poor institutional and infrastructural facilities. Specifically, she said Nigerian courts, like many others in developing countries of the world, struggle to cope with situations like absence of standard libraries and out-dated legal infrastructure.

We cannot but agree that our judiciary needs such infrastructure to enthrone administrative justice which is generally seen as a component of good governance. Yet the problems associated with this critical arena are perceived to stem from the misuse of administrative discretion at all levels of government and the lack of sufficient accountability mechanisms. Although efforts have been made to address some of these problems through legal and institutional reforms, facts on the ground suggest that they persist. Good a thing, the CJN herself fundamentally appreciates the challenges afoot. It is therefore within the implications of this unfolding scenario that the role of the media in promoting administrative justice comes to the fore.

Although historians, social scientists and policy-makers rely on newspapers and the media every day, they seldom reflect on the nature of media or their transformations. The media serves this purpose, in many ways: through selection of topics, distribution of concerns, framing of issues, filtering of information, emphasis and tone, and by keeping debate within the bounds of acceptable premise. Localising these concerns, the promotion of justice administration in Nigeria can benefit more and have clearly benefited from the old traditional role of the media.

By focusing deliberately on particular cases under adjudication, they are held in the spotlight. By investigating and reporting deficits in the judiciary, pressure, however fleeting, is often brought to bear on the core stakeholders in the nation’s administration of justice and the urgency for positive changes in the sector take front seat. But focussing on the rot is not enough. The media also sets agenda for the judiciary to raise its game.

Tracking back in history, since the 17th century, the role of the media as Fourth Estate and as a forum for public discussion and debate has been recognised. Today, despite the mass media’s propensity for sleaze, sensationalism and superficiality, the notion of the media as watchdog, as guardian of the public interest, and as a conduit between governors and the governed remains deeply ingrained. The reality, however, is that the media in new and restored democracies do not always live up to the ideal.

Sheila Coronel, Executive Director and one of the founders of the Philippine Center for Investigative Journalism, adduces some reasons why this is so. "They are hobbled by stringent laws, monopolistic ownership, and sometimes, the threat of brute force. State controls are not the only constraints. Serious reporting is often difficult to sustain in competitive media markets that put a premium on the shallow and sensational. Moreover, the media are sometimes used as proxies in the battle between rival political groups, in the process sowing divisiveness rather than consensus, hate speech instead of sober debate, and suspicion rather than social trust. In these cases, the media contribute to public cynicism and democratic decay."

Still, in many fledgling democracies including Nigeria, the media have been able to assert their role in buttressing and deepening democracy. And they have helped in promoting the course of administrative justice. Investigative reporting which in some cases has led to the ouster of important judicial officers (we all remember certain Justice Egbo-Egbo) and posed a potent challenge to corruption within the system, has made the media an effective and credible watchdog and boosted its credibility among the public. Investigative reporting has also helped accustom judicial officers to an inquisitive press and helped build a culture of openness and more accountable judgements.

Notwithstanding, as I conclude my brief remarks, it is important we share some hard truths. For a long time, the word ‘media’ has conjured an association with value-loaded words like ‘truth, fair-play, impartiality, objectivity and independence’. These value associations may have been relevant, meaningful and even correct in certain eras. In today’s time and age - the era of globalization and liberal economic reforms–the media as an institution has evolved as a ‘business organization’ with serious implications.

It is in this light that Noam Chomsky’s with alarming frankness, wrote way back in 1988, offering his own contextual understanding of the mass media, its propaganda and societal purpose. According to Chomsky, “The mass media serves as a system for communicating messages and symbols to the general populace. It is their function to amuse, entertain, and inform, and to inculcate individuals with the values, beliefs and codes of behaviour that will integrate them into the institutional structures of the larger society. In a world of concentrated wealth and major conflicts of class interest, to fulfill this role requires systematic propaganda… In this propaganda system, money and power are able to filter out the news fit to print, marginalize dissent, and allow the government and dominant private interests to get their messages across to the public…” These are of course Chomsky’s viewpoints but they communicate a telling reality of contemporary media.

Mr Chairman, ladies and gentlemen, the foregoing reality also impacts media reportage of administrative justice in Nigeria. But warts and all, the Nigerian media has done a great deal in partnering our judiciary to raise the level and quality of justice administration in Nigeria. But we can do more.

Thank you for listening.

• Adeniyi, Chairman, Editorial Board of THISDAY Newspapers, presented this paper at the second annual seminar organised by the Public Complaints Commission in Abuja on July 4, 2013