Chapter II, Section 22 of the 1999 Constitution of the Federal Republic of Nigeria

 Chapter II, Section 22 of the 1999 Constitution of the Federal Republic of Nigeria

Chapter II, Section 22 of the 1999 Constitution of the Federal Republic of Nigeria provides that:

“The press, radio, television and other agencies of the mass media shall at all times be free to uphold the fundamental objectives contained in this Chapter and uphold the responsibility and accountability of the Government to the people.”

 

Although this provision does not use the language of “rights” in the same way Section 39 does, it functions as an institutional guarantee of press freedom in several important ways.

First, it constitutionally recognises the media as a democratic watchdog. By mandating that the press shall “uphold the responsibility and accountability of the Government,” the Constitution assigns the media a monitoring and oversight role. This means the media is not merely permitted to criticise government; it is constitutionally expected to do so. A duty to hold government accountable logically presupposes the freedom to investigate, question, and publish findings without interference. In this sense, Section 22 frames press freedom as a democratic necessity rather than a privilege.

Second, it embeds press freedom within the broader framework of the Fundamental Objectives and Directive Principles of State Policy in Chapter II. These objectives include democracy, social justice, and transparency. If the press must “uphold” these objectives, it must operate free from intimidation or censorship. Otherwise, it cannot effectively discharge its constitutional obligation. The provision therefore strengthens the normative foundation of media independence.

Third, Section 22 moves beyond individual expression (covered under Section 39) to institutional responsibility. While Section 39 protects “every person” in expressing ideas, Section 22 specifically names “the press, radio, television and other agencies of the mass media.” This explicit mention elevates the media as a constitutionally recognised institution of governance, almost like an informal fourth arm of government. The Constitution acknowledges that democracy requires a functioning, independent press to sustain accountability.

However, there is a critical qualification. Chapter II provisions, including Section 22, are generally regarded as non-justiciable under Section 6(6)(c) of the Constitution. This means they are not directly enforceable in court unless backed by specific legislation. Therefore, Section 22 operates more as a moral and constitutional directive than a directly litigable right. It strengthens the philosophical and democratic basis of press freedom but does not by itself provide a courtroom remedy if violated.

Despite this limitation, courts and scholars often interpret Section 22 together with Section 39 and Nigeria’s international obligations (such as Article 9 of the African Charter on Human and Peoples’ Rights, which is domesticated in Nigeria). When read holistically, these provisions collectively reinforce the idea that press freedom is essential to democratic governance.

The difference between Section 22 and Section 39 of the 1999 Constitution of the Federal Republic of Nigeria lies in their nature, enforceability, scope, and practical impact on press freedom. Although both provisions relate to media freedom, they operate at different constitutional levels and have affected press freedom in distinct ways.

Section 39 is located in Chapter IV, which deals with Fundamental Rights. It provides that:

“Every person shall be entitled to freedom of expression, including freedom to hold opinions and to receive and impart ideas and information without interference.”

This section creates an individual, justiciable right. “Justiciable” means it can be enforced in court. If a journalist, blogger, or citizen believes their freedom of expression has been violated, they can approach the courts for redress under the Fundamental Rights (Enforcement Procedure) Rules. Section 39 therefore functions as a legal shield. It protects both individual speech and institutional press activity, because journalists are first protected as “persons” before being protected as media professionals.

In contrast, Section 22 is located in Chapter II, which contains the Fundamental Objectives and Directive Principles of State Policy. It states:

“The press, radio, television and other agencies of the mass media shall at all times be free to uphold the fundamental objectives contained in this Chapter and uphold the responsibility and accountability of the Government to the people.”

Section 22 defines the role and obligation of the media, not primarily a personal right. It constitutionally recognises the press as a watchdog of government. However, Chapter II provisions are generally non-justiciable under Section 6(6)(c) of the Constitution. This means that citizens or media houses cannot ordinarily go to court solely to enforce Section 22 unless it is supported by other enforceable laws.

The practical differences can be summarised as follows:

• Section 39 grants a right; Section 22 assigns a duty.
• Section 39 is enforceable in court; Section 22 is generally not directly enforceable.
• Section 39 protects every person; Section 22 specifically mentions the mass media as institutions.
• Section 39 focuses on freedom from interference; Section 22 emphasises responsibility and accountability of government through the media.

The impact on press freedom in Nigeria 

Because Section 39 is enforceable, it has provided journalists and media houses with a constitutional basis to challenge unlawful arrests, censorship, or restrictions. Courts often rely on this section when defending free expression. It has therefore strengthened legal protection for press freedom, especially in the democratic era.

However, Section 22’s non-justiciability has weakened its practical force. Although it boldly declares that the media “shall be free” to hold government accountable, the inability to directly enforce it in court means that the media cannot rely solely on Section 22 when challenging state repression. In effect, the Constitution recognises the media as a watchdog but does not fully empower it with an enforceable institutional right.

This dual structure has created a paradox in Nigeria. The Constitution symbolically elevates the press to a democratic guardian (Section 22), yet legally protects it primarily through individual freedom of expression (Section 39). As a result, press freedom often depends on judicial interpretation, political climate, and supporting legislation such as the Freedom of Information Act.

In practice, Section 39 has been the stronger legal anchor for defending journalists, while Section 22 remains an important moral and constitutional foundation that legitimises investigative journalism and government accountability.

In summary, Section 39 is the enforceable backbone of press freedom in Nigeria, while Section 22 is the constitutional vision that defines why that freedom is necessary for democracy.