Samoa Agreement: Ombudsman asks Daily Trust to apologise

The National Media Complaints Commission (NMCC), also known as the Ombudsman, Monday released the report of its investigation into a complaint made to it against the Daily Trust by the Federal Ministry of Information and National Orientation.

The commission, in its 19-page report, said after scrutinising the complaint of the government, as well as the response of the newspaper, which it had sought and obtained, found the Daily Trust story complained about as “inaccurate”.

The NMCC, however, also accused the federal government of poor handling of issues around the Samoa Agreement it signed, stating that had the government demonstrated “greater openness, transparency and accountability” in dealing with matters relating to the deal, “the attendant conjectures and speculations about the content of the Samoa Agreement could have been avoided.”

The ombudsman, nonetheless, asked the Daily Trust to issue an apology for the inaccuracies in its report on the Samoa Agreement.

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The NMCC, chaired by Emeka Izeze, former Managing Director of The Guardian, has among its members, a former president of the Nigerian Bar Association (NBA), Mr A. B. Mahmoud (SAN); a Deputy Vice Chancellor of Paul University, Awka, Anambra State, Prof. Chinyere Stella Okunna; the Editor-in-Chief of Diamond Publication, Mr Lanre Idowu; and the Executive Director of Media Rights Agenda (MRA), Mr Edetaen Ojo.

Other members of the body are Mrs. Dupe Ajayi-Gbadebo, a journalist, lawyer and arbitrator; Mrs. Eugenia Abu, broadcaster, author, columnist and former Executive Director, Programmes at the Nigerian Television Authority (NTA); and Dr. Hussain Abdu, the Country Director of Care International (Nigeria).

In its verdict, the NMCC ruled that Daily Trust failed to meet journalistic standards as stipulated in the 2022 Revised Code of Ethics for Nigerian Journalists, stressing that the newspaper’s report complained about, which was published on July 4, 2024, was found to be inaccurate, particularly in suggesting that the Samoa Agreement contained provisions relating to the LGBTQ (lesbian, gay, bisexual, transgender and queer) rights.

The government’s original complaint, submitted by Dr Ngozi Onwudiwe, Permanent Secretary of the information ministry alleged that the report posed a threat to national security.

In its ruling, the Ombudsman found that the article complained about was inaccurate, and that it violated Article 2.1 of the Revised Code of Journalism Ethics, 2022.

It, therefore, directed Daily Trust to issue an apology in both its print and online editions, and that it should take internal editorial steps to prevent future occurrence.

Commends FG, Daily Trust over faith in commission

The Ombudsman, in the report, commended the complainant (the federal government) and the respondent (Daily Trust) “For submitting themselves to the co-regulatory mechanism offered by the National Media Complaints Commission.”

It also said that: “Whilst the Daily Trust may be commended for its healthy interest in a story of national and global importance as provided for in Articles 2.5 and 2.7 of the Code of Ethics, the same cannot be said for its performance with respect to the other provisions of the relevant portions of the Code, namely Articles 2.1, 2.2, 2.3, and 2.8.”

The Ombudsman said its investigation revealed that the Samoa Agreement did not, in fact, contain any clauses relating to LGBTQ issues.

The commission cited a briefing document from the European Parliamentary Research Service, noting that while earlier drafts of the agreement referenced contentious issues such as sexual orientation and gender identity, the final signed version excluded such provisions.

“The NMCC finds that the 403-page Samoa Agreement does not in fact contain any clause that compels underdeveloped and developing nations to support the agitations by the Lesbian, Gay, Bisexual, Transgender, and Queer (LGBTQ) community for recognition as a condition for getting financial and other supports from advanced nations. Indeed, there is no reference whatsoever in the agreement to the issue of LGBTQ,” the report stated.

FG must be transparent

Furthermore, the NMCC criticised the federal government’s lack of transparency in handling issues relating to the Samoa Agreement.

According to the commission, “This controversy could have been avoided if the government had been more forthcoming on the Samoa Agreement by proactively announcing to the Nigerian people that the federal government had signed the agreement as well as explaining the essentials, implications and benefits of the agreement to the country and to the Nigerian people shortly after it signed the document.”

The Ombudsman stressed the need for improved public communication from the government, warning that secrecy erodes public trust.

“Transparency and accountability are crucial aspects of the democratic process, including for the purpose of earning and enjoying public trust. It would certainly have helped to inform the public about the agreement much earlier, with copies of it made publicly available for those who are interested in more details to access and read,” it said.

The NMCC closed its report with a strong recommendation for the government to adopt a more open and proactive approach to information dissemination, particularly in matters of public interest.

“In this digital age, the lesson here should be that proactivity in information dissemination across all offices of the government and all tiers of government on matters of public interest is a non-negotiable element of democratic governance.

“The government and all its institutions have an obligation to abolish the prevailing culture of secrecy in governance, as it gives the impression that government holds its citizens in contempt,” the commission said.

1.0 INTRODUCTION

On July 8, 2004, the National Media Complaints Commission (NMCC) received a formal complaint from the Federal Ministry of Information and National Orientation against the Daily Trust newspaper, published by Media Trust Ltd, in which it alleged that the newspaper published an article on July 4, 2024 “containing false and misleading information that severely threatens national security.”

The Ministry asserted that because of the alleged false report, “individuals and government officials have been subjected to hate speech, threats, intimidation, and cyberbullying across social media.”

It, therefore, requested the NMCC to intervene in the matter and, among other things:

• Carry out a thorough investigation of the alleged misleading publication.
• Direct the newspaper’s management to publicly retract and correct the alleged false information, with equal prominence as the original article.
• Direct the newspaper’s management to issue an unequivocal apology for allegedly recklessly disseminating false information; and
• Implement stricter editorial guidelines to prevent a repeat of such alleged unwholesome report by any newspaper in the future.

The NMCC acknowledged receipt of the letter from the Ministry The petition was  passed  to the management of the Daily Trust newspapers. They were requested to respond to the issues contained therein within a stipulated deadline.

Thereafter, the NMCC constituted a five-member complaints’ committee to consider the petition, review the statements of complaint and defence, and report to the Commission its findings. The committee was also directed to make appropriate recommendations on the measures to be taken in line with the mandate of the Commission, which is to resolve complaints speedily and fairly, with the view to maintaining high standards of journalism practice and journalistic ethics; and defending the freedom of the press and the rights of the people to know.

2.0 PROCEDURE ADOPTED

The committee, in line with its mandate and established practice, adopted a Documents-Only review procedure to address the issues at stake and reach its determination. This is a process where the allegations are determined without an oral hearing. The focus is on reviewing written documents submitted by the parties. In this case, there was no oral pleading or testimony. The committee weighed the allegations against Daily Trust, its defence against the professional scale of standards contained in the 2022 Revised Code of Ethics for Nigerian Journalists to reach its conclusion and make its recommendations. The report was carefully reviewed and adopted by the Commission.

3.0 STATEMENT OF COMPLAINT

In the complaint dated July 8, 2024, and signed by Dr.  Ngozi Onwudiwe, Permanent Secretary of the Federal Ministry of Information and National Orientation, on behalf of the Minister, Alhaji Mohammed Idris, the Ministry alleged that on July 4, 2024, the newspaper published a front-page news item titled “LGBT: Nigeria Signs $150 Billion Samoa Deal,” in which it reported that the Federal Government had endorsed a European Union (EU) partnership agreement (referred to as the “Samoa Agreement”) with member-states of the Organisation of African, Caribbean, and Pacific States (OACPS), despite some conditional clauses that compel benefiting nations to support the agitations by the Lesbian, Gay, Bisexual, Transgender and Queer (LGBTQ) community for recognition.

The Ministry described the report as “false and misleading” and said that because of the alleged false report, “individuals and government officials have been subjected to hate speech, threats, intimidation, and cyberbullying across social media.”

It, therefore, asked the NMCC to intervene in the matter and, among other things:

• Carry out a thorough investigation of the alleged misleading publication;
• Direct the newspaper’s management to publicly retract and correct the alleged false information, with equal prominence as the original article;
• Direct the newspaper’s management to issue an unequivocal apology for allegedly, recklessly disseminating false information; and
• Implement stricter editorial guidelines to prevent a repeat of such alleged unwholesome report by any newspaper in the future.

The NMCC sent a formal acknowledgment letter dated July 10, 2024, and signed by its Interim Secretary, Mr. Feyi Smith, to the Ministry, informing it that the complaint was receiving due attention, and that the outcome would be duly communicated to the Ministry at the end of the exercise.

The Commission also wrote to the Management of the Daily Trust newspaper on July 12, 2024, informing it of the complaint against the newspaper. It provided the newspaper with a copy of the Ministry’s complaint and asked for its formal response within 14 working days, in accordance with the NMCC’s established procedure.

4.0 DOCUMENTS SUBMITTED BY THE COMPLAINANT

1. Letter of Complaint of July 8, 2024.
2. Copy of the lead story of Daily Trust of July 4, 2024, and its continuation on page 4 of the same edition. Headlined: “LGBT: Nigeria Signs $150 billion Samoa deal”, it also featured the following kickers:

• Clerics, CSOs furious
• It’s not about same-sex marriage – Minister’s aide
• N/Assembly didn’t consider agreement – Rep Yusuf

3. A 403-page copy of the Samoa Agreement, titled, “Partnership Agreement Between the European Union and its Member States, of the one part, and the members of the Organisation of African, Caribbean, and Pacific States of the other part” dated Brussels, 19 July 2023.

5.0 STATEMENT OF DEFENCE BY THE RESPONDENT

The Daily Trust responded to the NMCC by a letter dated July 18, 2024, co-signed by Maryam Aminu Bello, Company Secretary and Legal Adviser, and Ahmed Ibrahim Shekarau, the Group Chief Executive Officer with numerous annexures, being copies of various stories and reports that the newspaper had published on the issue. The newspaper asserted that the allegations against it were “unfounded” and that the major strand of its story was that the Nigerian Government had signed the Samoa Agreement, which is an incontrovertible fact. It also stressed that at the time of the publication of its story on July 4, 2024, the version of the Samoa Agreement signed by the Federal Government was not available for review by the public. (Emphases ours)

6.0 DOCUMENTS SUPPLIED BY THE RESPONDENT

1. Copy of the lead story of Daily Trust of July 4, 2024, headlined: “LGBT: Nigeria Signs $150 billion Samoa deal”, with the accompanying kickers below:

• Clerics, CSOs furious
• It’s not about same-sex marriage – Minister’s aide
• N/Assembly didn’t consider agreement – Rep Yusuf
• Continuation of the story on Page 4 of the same edition

2. Opinion article by Mr. Sonnie Ekwowusi, titled “Nigeria should unsign the LGBT agreement (Page 17, Daily Trust, July 4, 2024).
3. Story, headlined: “Samoa Agreement signed in Nigeria’s interest – FG” (Page 5, Daily Trust, July 5, 2024)
4. “Report on Samoa Agreement: Our position” (Full page statement on Page 3, of the Daily Trust of July 8, 2024), signed by Maryam Aminu Bello Esq, Company Secretary/Legal Adviser, Media Trust Group.
5. Opinion article by Suleiman A. Suleiman, titled “Samoa Agreement: The Daily Trust story got it wrong” (Back page of the Daily Trust of July 8, 2024).
6. “Suspend Samoa Agreement’s implementation – Reps tell FG”, front page lead story (with continuation on Page 4), Daily Trust, July 10, 2024.
7. Report, titled “Samoa report: FG to await position of Media Ombudsman”.

• Reps make U-turn, Daily Trust, page 6, July 11, 2024

8. Story, titled: “Catholic Bishops, Ulama reject Samoa Agreement”, news report, with kicker, JIBWIS raises c’ttee to examine pact. (Page 10, Daily Trust, July 12, 2024).
9. Story, titled: “Samoa Agreement: NIPR raises committee of experts” (Page 30, Daily Trust, July 12, 2024).
10. Opinion article by Mr. Monima Daminabo titled: “Samoa Agreement: Sunnyside of the multilateral deal” (Page 17, Daily Trust July 13, 2024).
11. Opinion article by Kehinde Mary Bello, titled: “The Samoa Agreement: The benefits as compared to other similar agreements with the global south” (Page 18, Daily Trust, July 13, 2024).
12. A 403-page copy of the Samoa Agreement, titled, “Partnership Agreement Between the European Union and its Member States, of the one part, and the members of the Organisation of African, Caribbean, and Pacific States of the other part”, dated Brussels, 19 July 2023.
13. Briefing Document on the Samoa Agreement with African, Caribbean and Pacific States prepared by the European Parliamentary Research Service (EPRS) said to have been provided by the Minister of Information and National Orientation during a press conference with the Minister of Budget and Economic Planning on July 7, 2024.

7.0 REVIEW OF DOCUMENTS PRESENTED

On August 21, 2024, the NMCC wrote another letter to the Daily Trust, requesting it to supply the Commission with a copy of the Samoa Agreement, which formed the basis of its report of July 4, 2024. The newspaper responded and provided the requested document under cover of a letter dated August 23, 2024.

The NMCC wrote a similar letter on August 21, 2024, to the Federal Ministry of Information and National Orientation requesting a copy of the Samoa Agreement signed by the Federal Government and any other relevant document. On September 6, the Ministry sent a 403-page copy of the Samoa Agreement, titled, “Partnership Agreement Between the European Union and its Member States, of the one part, and the members of the Organisation of African, Caribbean, and Pacific States of the other part” dated Brussels, 19 July 2023, as the document that guided the signed Agreement.

The Commission took these steps to ensure that it had all the relevant information and materials to enable it determine the facts of the matter and establish the accuracy or otherwise of the details contained in the publication complained about.

In the interest of a speedy resolution of the matter, the NMCC proceeded to conduct a thorough review of the relevant documents made available to it as well as various reports on the issue by the Daily Trust.

The objective of our examination and the review process has been to ascertain if any violation of journalistic standards occurred, particularly with respect to the Revised Code of Ethics for Nigerian Journalists of 2022.

The first test we addressed was, WHAT REALLY DID THE SAMOA AGREEMENT SAY?

This question is germane to establishing if such an Agreement exists. Without a doubt, both the Complainant and the Respondent agree that there is such a document. What is contentious is the content. Whereas the Federal Ministry of Information and National Orientation says the Agreement did not have anything related to LGBTQ, the Daily Trust anchored its original report of July 4, 2024, on its claims that the signed Agreement contains such references.

Both parties also submitted the same 403-page document, referenced in 4.0 (3) and 6.0 (12).

Nowhere in that report of July 4, 2024, did the Daily Trust, however, directly quote any verified section of any version of the Samoa Agreement that substantiates the claim conveyed in its headline that the Nigerian Government had signed a $150 billion deal that is anchored on a conditional support/recognition for a Lesbian, Gay, Bisexual and Transgender and Queer lifestyle.

Instead, it quotes an opinion article written by Mr.  Sonnie  Ekwowusi on July 3, 2024, which alleges that the agreement requires support by parties to it for LGBTQ. The relevant portion of the article states as follows: “The Samoa Agreement, named after the Pacific Island, where it was signed on November 15, 2023, is a celebration of perversity. Certain Articles of the Agreement especially Articles 2.5 and 29.5 legalise LGBT, transgenderism, abortion, teen sexual abuse, and perversity in African countries. The signing of the Agreement by Nigeria constitutes a threat to the sovereignty of Nigeria and Africa. It further debases our democracy.” (Emphases ours)

Since Mr. Ekwowusi’s opinion article cites Articles 2.5 and 29.5 of the said Samoa Agreement, the least that the Daily Trust should have done was to read those sections and determine whether it was a valid conclusion to draw. It did not. Rather, it gave further vent to Ekwowusi’s criticisms of the Agreement: “I can wager that neither Minister Atiku Bagudu nor the Nigerian officials or diplomats who signed the Samoa Agreement on our behalf, understand the import of the agreement to Nigeria’s sovereignty, let alone the destructive impact of the Agreement in Nigeria. This explains why many African bodies including the AfBA have condemned the Agreement and respectfully urged African countries not to sign it. Not infrequently, Nigerian officials in Geneva, New York, and other places sign international agreements or treaties over a cup of coffee or a glass of wine with little or no knowledge of their contents.”

Article 2.5 of the Agreement states that “The parties shall systematically promote a gender perspective and ensure that gender equality is mainstreamed across all policies.” What does a “gender perspective” mean? What does it mean to mainstream “gender equality across all policies”? The Daily Trust did not address these questions that could have made the report more robust. However, we find nothing in the Agreement to directly suggest that this includes support for, or acceptance of Gays, Lesbians, Bisexual and Transgender and Queer individuals as forming part of a gender perspective.

Article 29.5 says, “The Parties shall support universal access to sexual and reproductive health commodities and healthcare services, including for family planning, information and education, and the integration of reproductive health into national strategies and programmes”. Again, beyond citing  Mr. Ekwuwosi’s reference to the section, without an accompanying quote, the Daily Trust’s reporting did not shed light on the matter. Instead, the rest of the report appeared to continue to build-up public opinion against the Agreement.

Samples:

“The word LGBTQ++ that Nigerians have been contesting is now part of our law because Nigeria has decided to sign it. So, Nigerians should be very bitter with what is going on. They should challenge their legislators and policy makers to explain why they chose to commit to this dangerous agreement.”—Richard Kakeeto, Family Watch International, Africa Region. This claim that the word LGBTQ++ is now part of our law is clearly false as it is not borne out by anything contained in the Samoa Agreement.

“Our stand is very clear. Whoever signed on behalf of Nigerians needs to apologise. All he (Tinubu) needs to do is to apologise on Nigeria’s behalf very nicely and tell them that the truth is we have not signed. We are withdrawing from the ACP-EU Treaty. That is all we ask the President to do. That is all we will accept. Anything less than that will not be accepted.”—Mrs. Omoye Olaye, Media Coordinator, World Council for Health (WCH) International and Foundation for African Cultural Heritage (FACH).

The Daily Trust maintained its editorial interest in the story the following day, July 5, 2024. In “Samoa agreement signed in Nigeria’s interest”, the Daily Trust in the 27-paragraph report, devoted four to the Information minister’s statement clarifying the import of the agreement. After publishing the minister’s clarification, the Daily Trust then proceeded to advance clear sentiments which tended to give a divisive religious colouration to the development by saying:

“The federal government has said the signing of the Samoa agreement was done in the country’s interest. The agreement reportedly has some clauses that compel underdeveloped and developing nations to support the agitations by the Lesbian, Gay, Bisexual, and Transgender (LGBT) community for recognition, as a condition for getting financial and other support from advanced societies. Named after the Pacific Island Samoa, where it was signed, the agreement is gradually gaining traction, despite opposition by many countries that cherish Islamic and Christianity values, in addition to the sensitivity of their cultures.”

The Daily Trust additionally accommodated in its report the following statements, which were taken from social media and reproduced without any editing:

‘@AbdullahiAmiga: “I don’t know what a Samoa deal is but hearing LGBT in a country governed by “Muslim-Muslim” is dishonourable, disgraceful and shameful.”

It also went on to include this:

‘Writing from Abuja, Mallam Abdulkarim Muhammad Abdullahi, said: “To hell with the American Pentagon-funded conspiratorial CIA-FBI treacherous anti-muslim monetised homosexual cult project! We as true believers in Islam, Allah’s ordained and divine faith, cannot be compromised because we are worshippers of Allah Ubangji. This is the end of the road for the implementation of the controversial Satanic American Pentagon-instigated Samoa Deal. To hell with America and those who believe in promoting their LGBTQ experimental lifestyles fan zone therapy here in Nigeria.”

Once again relying uncritically on social media content in its reporting, Daily Trust also published the following:

‘On X, formerly Twitter, Abdul-Aziz Na’ibi Abubakar, writing via @jrnaib2, said: “To my fellow Muslims, those who were deceived to vote for the Muslim-Muslim Ticket thinking that Tinubu & Shettima will emulate Islamic style of leadership, look at where we’re today! We will now sit back; fingers crossed and watch whether the clerics that promoted Muslim-Muslim Ticket will come out and condemn Tinubu or not. Elections have consequences!”

7.1  The Official Position of the Respondent

After stirring public interest in the Samoa story through its various reports, the Daily Trust on July 8, 2024, published its reaction to the attendant comments on its reports on the issue in the preceding four days. In “Report on Samoa Agreement: Our position”, which goes for a signed editorial, Maryam Aminu Bello, company secretary and legal adviser, said: “We have also acknowledged lapses in our reporting on this particular matter, pointed out to us by professional colleagues, and we will review and take appropriate measures. As our editors understood it, the Samoa Agreement signed by Nigeria has expanded the definition of gender rights, from the traditional male-female, to a new norm, captured by the term LGBTQ (Lesbian; Bi-sexual, Gay, Queer). That is the crux of the matter. If the agreement does not aim at promoting such new orientation, widely accepted in Western countries, then we are wrong in our interpretation. We will readily apologise both to the government and to the public for crying wolf. We expect that those qualified, by training and experience, to make such a judgement, will weigh into the matter and we will as usual, publish all sides in the discussion, including that of the government. We wish to add that in this story, as in others over the last 26 years, the Daily Trust tried to be guided by public interest. It is also important for us to clarify some of the insinuations.” (Emphases ours)

8.0 ANALYSIS OF THE POSITION OF THE RESPONDENT

The import of what the Daily Trust published as highlighted above is that it acknowledges that its reporting was not thorough. It also pledged to “review and take appropriate measures.” It tried to justify its position that “the Samoa Agreement signed by Nigeria has expanded the definition of gender rights from the traditional male-female to a new norm captured by the term LGBTQ”.

The Daily Trust submitted as follows: “If the agreement does not aim at promoting such new orientation, widely accepted in Western countries, then we are wrong in our interpretation. We will readily apologise both to the government and to the public for crying wolf.” (Emphases ours)

In other words, even after four days of consistent reporting on the matter, the Daily Trust could not confidently say that the Agreement was unambiguous in its call for support for an LGBTQ lifestyle.

Article 2.0 of the 2022 Revised Code of Ethics for Nigerian Journalists, which deals with Accuracy and Fairness, has robust provisions which are germane to addressing the issues contained in the coverage of this matter. The relevant provisions state as follows:

“2.1 The public has a right to know and receive reliable information. Factual, accurate, balanced, fair, and responsible reporting is the ultimate objective of good journalism and the basis of earning public trust and confidence.

2.2 The haste to publish the news first must be matched by the need to get it right. The charge of Fake News is one that a journalist should not crave. A journalist should, therefore, refrain from publishing inaccurate and misleading information. Where such information has been inadvertently published, prompt equitable prominence should be given to the correction made.

2.3 Every effort must be made to publish the different sides to a story and have it reported in a context that is fair and meaningful. It does not relieve the journalist of the duty to report as truthfully as possible.

2.4 Journalists who copy accusations, or allegations against someone made in a different medium, or who retrieve these allegations from articles or recordings from the archive, must handle such information carefully. They cannot assume that the statements published previously have taken on the character of undisputed fact just because they were not contested.

2.5 Follow-up efforts on developing stories is important to give the public well-rounded picture of developments, which may not always end as they promised at the beginning.

2.6 Retouching a picture by an electronic method or formulating a picture caption should not be done in such a way as to mislead the reader. The journalist should always state, close to the picture, whether it has been altered by montage or retouching. This also applies to such material when it is filed.

2.7 A journalist must hold the right of reply as a cardinal rule of practice by allowing people in the news opportunity to respond promptly to the issues raised.

2.8 In the course of duty, a journalist should strive to separate facts from conjecture and comment,” (Emphases ours)

9.0 OUR FINDINGS

Contrary to Daily Trust newspaper’s reporting, the NMCC finds that the 403-page Samoa Agreement does not in fact contain any clause that compels underdeveloped and developing nations to support the agitations by the Lesbian, Gay, Bisexual, Transgender and Queer (LGBTQ) community for recognition, as a condition for getting financial and other supports from advanced nations.  Indeed, there is no reference whatsoever in the Agreement to the issue of LGBTQ.

The issue was apparently referenced in an earlier version of the Agreement, going by a Briefing document on the Agreement prepared by the European Parliamentary Research Service (EPRS) for the members and staff of the European Parliament as background material at the end of 2023, where it was noted that sexual and reproductive health and rights and migration were among the issues on which it was most difficult for the negotiators of the document to reach an agreement and that “some ACP (African, Caribbean and Pacific) States were reluctant to see the foundation agreement mention sexual orientation and gender identity (LGBTI rights) – an issue on which there are also differences among EU Member States.”

The Briefing document also acknowledged that several newspapers had reported that “prior to the signing of the agreement in Samoa, several African and Caribbean CSOs called on their governments not to sign the agreement, fearing that it might lead to modifying domestic laws, in particular to endorse LGBTI rights”. It added that as a matter of compromise, the text was modified such that the parties would only “commit to the implementation of existing international agreements – notably the International Conference on Population and Development Programme of Action on sexual and reproductive health and rights, the Beijing Platform on gender equality and their follow-up.”

The Briefing document explicitly acknowledged that this “wording however falls short of the EU negotiators’ ambitions.” Accordingly, there was no reference at all to LGBTI rights in the final Agreement that Nigeria signed, much less its being made a condition for support to underdeveloped or developing countries.

It was, therefore, inaccurate and wrong for the Daily Trust to state in its reporting that the agreement contained clauses compelling underdeveloped and developing nations to support the agitations by LGBTQ community, especially also in the light of the fact that it noted in the same news report of July 4, 2024 that when the newspaper contacted Mr. Bolaji Adebiyi, media assistant to the Minister of Budget and Economic Planning, Alhaji Abubakar Atiku Bagudu, it was clearly told that “nowhere in the documents (Agreement) were LGBTQ or same sex marriage mentioned even remotely”.  Given this rebuttal of the thrust of the news story, since the Daily Trust had apparently decided to go ahead with its reporting as borne out by its publication, and had evidence to the contrary, the newspaper should have said so in its report and cited the relevant portion or portions of the Samoa Agreement to back up this assertion.

Whilst the Daily Trust may be commended for its healthy interest in a story of national and global importance as provided for in Article 2.5 and 2.7 of the Code of Ethics, the same cannot be said for its performance with respect to the other provisions of the relevant portions of the Code, namely Article: 2.1, 2.2, 2.3, and 2.8.

Accordingly, we find that the article complained about was not factual, accurate, balanced, and fair, and therefore, violated Article 2.1 of the Revised Code of Ethics, 2022.

The Daily Trust report of July 4, 2024, also flouted Article 2.2. The plea that it was unsure of the version of the Samoa Agreement signed by the federal government cannot avail it, as the Daily Trust did not advance any argument that it sought for a copy of the signed Samoa Agreement from the Complainant, and it was denied, nor did its reporting indicate that it independently sourced it before its publication of July 4, 2024. The Daily Trust also did not present to the NMCC any version of the Samoa Agreement that supported the assertions contained in its July 4, 2024 story on the issue.  On the contrary, the copy of the Samoa Agreement submitted to the NMCC by the Daily Trust is the same version of the Agreement submitted by the Federal Government, which contained no reference whatsoever to the issue of LGBTQ. In this regard, the article was hasty, inaccurate, and misleading, contrary to the due diligence that Article 2.2 prescribes. Even after being informed of the inaccuracy and misleading nature of the report, the Daily Trust failed to promptly publish a correction.

We find that the Daily Trust violated Article 2.3 of the Revised Code of Ethics, 2022 as it did not discharge its duty to report as accurately as possible.

To the extent that the Daily Trust did not make any appreciable effort to establish the relevant facts in its reporting and seemed to substitute the opinions of its sources for the facts, we find that it breached Article 2.8 of the Revised Code of Ethics, 2022.

Overall, the reporting offered by the Daily Trust fell short of the standards expected in the journalism profession as contained in the 2022 Revised Code of Ethics for Nigerian Journalists. We also find that its reporting on such a subject with significant sensitivity in Nigeria was below its acclaimed professional standard. It should not have taken more than two months for the Daily Trust to determine that its action was blameworthy and take remedial steps in accordance with the requirements of the 2022 Revised Code of Conduct for Nigerian Journalists.

To the Complainant, we have come to the conclusion that this controversy could have been avoided if the government had been more forthcoming on the Samoa Agreement by proactively announcing to the Nigerian people that the Federal Government had signed the Agreement as well as explaining the essentials, implications and benefits of the Agreement to the country and to the Nigerian people shortly after it signed the document.

Transparency and accountability are crucial aspects of the democratic process, including for the purpose of earning and enjoying public trust. It would certainly have helped to inform the public about the Agreement much earlier with copies of it made publicly available for those who are interested in more details to access and read. Such an approach would have helped in avoiding the attendant conjectures and speculations, which become inevitable when the people feel that they have been denied the right to know.

In this digital age, the lesson here should be that proactivity in information dissemination across all offices of the government and all tiers of government on matters of public interest is a non-negotiable element of democratic governance. The government and all its institutions have an obligation to abolish the prevailing culture of secrecy in governance, as it gives the impression that government holds its citizens in contempt. Instead, the government should take deliberate steps to create a knowledge society and bring about the emergence of an informed and active citizenry.

10.0 RECOMMENDATIONS

In the light of the above, the NMCC directs that the Daily Trust newspaper takes appropriate remedial action and, in particular, do the following:

1. Accept without equivocation that its reporting on the issue in question was inaccurate and misleading as its treatment of the report showed a lapse in news judgement and fell short of the expected standards of the 2022 Revised Code of Ethics for Nigerian Journalists.
2. Publish an apology prominently in both the print and online editions of the Daily Trust.
3. Take the necessary internal editorial measures to prevent a future occurrence.
4. Publish the report of the NMCC in this matter within seven days of receiving it.

11. CONCLUSION

The NMCC commends the Complainant and the Respondent for submitting themselves to the co-regulatory mechanism offered by the National Media Complaints Commission. The Commission remains committed to providing the public with an independent forum for resolving complaints about the media, resolving all complaints speedily and fairly, with a view to maintaining high standards of journalism practice and journalistic ethics, and defending the freedom of the press and the rights of the people to know.

Eluem Emeka Izeze, FNGE

Chairman, NMCC

NMCC MEMBERS

2. Mr. A. B. Mahmoud, SAN – Former President of the Nigerian Bar Association
3. Prof. Chinyere Stella Okunna, FNGE – Deputy Vice-Chancellor, Paul University, Awka, Anambra State
4. Mr. Lanre Idowu, FNGE – Editor-in-Chief, Diamond Publications Limited, Trustee, Diamond Awards for Media Excellence (DAME)
5. Mr. Edetaen Ojo – Executive Director, Media Rights Agenda (MRA)
6. Mrs. Dupe Ajayi-Gbadebo, FNGE – Journalist, Lawyer, and Arbitrator
7. Mrs. Eugenia Abu – Broadcaster, Author, Columnist, and Managing Partner/CEO, Eugenia Abu Media
8. Dr. Hussain Abdu – Development & Humanitarian Specialist, Country Director, Care International (Nigeria)

Feyi Smith – Interim Secretary

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About the National Media Complaints Commission:

The National Media Complaints Commission (The Ombudsman) is an independent, multistakeholder co-regulatory body established by the Nigerian Press Organizations (NPO), made up of the Newspaper Proprietors Association of Nigeria (NPAN), the Nigerian Guild of Editors (NGE), and the Nigeria Union of Journalists (NUJ), in collaboration with the Guild of Corporate Online Publishers (GOCOP) and the Broadcasting Organisations of Nigeria (BON). The body is tasked with providing the public with an independent forum for resolving complaints about the press; resolving all complaints quickly, fairly and free of charge; maintaining high standards of journalism practice and journalistic ethics; and defending the freedom of the press and the rights of the people to know.