However, if it has failed to do so, the new Constitution should oblige the National Assembly to repeal those decrees which are in breach of Nigeria's obligations under international human rights law within one month of assumption of office. Decree 1 of 1986. The text of the draft Constitution which will form the basis of the 4th Republic should be published immediately and widely circulated. The new Constitution should contain provisions giving specific protection to the media, including its editorial independence, and recognition of the confidentiality of journalistic sources. The new constitution should also contain a specific guarantee of the right to access to public information as an expression of the right of the people to have an accountable government.
Criminal sanctions are an inappropriate response to breaches of journalistic ethics.
Accordingly, such criminal sanctions should be removed from all legislation, where they exist. Participants agreed that the aim should be for the press to be self-regulating. Accordingly, any Press Council should ideally be non-statutory and funded by the stakeholders. However, until such time as this is possible, any statutory Press Council should be effectively self-regulating and, as far as possible, fully independent of government. To this end, Decree No 85 of 1992 should be substantially amended, including as below.