NIGERIA MEDIA MONITOR

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#03-16 - 27 April, 1998


*  	SECURITY OPERATIVES LAY SEIGE ON MEDIA HOUSE
*   	JOURNALISTS BEATEN; 
*    	GOVERNMENT DISCLOSES EDITORS' WHEREABOUTS  
*    	VANGUARD APPOINTS NEW EDITOR
*     	JOURNALIST SUSPENDED OVER REPORT ON FUEL DIVERSION
*       	NUJ SEEKS CONCESSION FOR MEDIA 
*      	THE NEW CONSTITUTIONAL COURT

FOUR JOURNALISTS SEVERELY BEATEN
Four journalists were severely beaten by policemen in Ibadan, Oyo State on
April 15.

Ademola Adeyemo and Dan Ukana (THISDAY), Wale Ogundoyin (Omega magazine)
and Sanya Adejokun (Nigerian Tribune) were  beaten with horse-whips by
anti-riot policemen at the venue of a political rally in Ibadan.  Adeyemo
narrowly missed a gun shot.

A pro-Abacha rally organised by some Ibadan-based politicians turned into
confusion when anti-Abacha groups stormed the venue even before the
arrival of the organizers, leading to violent clashes.

Anti-riot policemen drafted to the venue moved against the anti-Abacha
groups, shooting three persons dead.  They whipped the four journalists
while trying to cover the proceedings. Other journalists managed to
escape.

In a similar development, the chairman of the Ekiti State Council of the
Nigerian Union of Journalists (NUJ), Adelani Baderinwa, was assaulted
April 11, 1998 by the commander of the Defence Artillery Brigade, Akure,
Ondo State, Lt.-Col. T.E Dungs. The incident happened at Ipoti-Ekiti,
Ekiti State, during a reception organised in honour of Navy Captain
Omoniyi  Olubolade, the military administrator of Bayelsa State, by
indigenes of Ipoti, his home place.

A dance troupe was entertaining guests when at about 1.30pm, Lt-Col. Dungs
got up from his seat and unleashed slaps on the Chief Press Secretary to
the Military Administrator of Ekiti State, Mr. Biodun Akin-Fasae, for
"blocking his view". Unsure of what led to the assault, Baderinwa sought
to intervene, but he too was slapped several times by Lt.-Col Dungs.
Suddenly, other (lower rank) soldiers moved to the scene with horse-whips.
Other journalists quickly left the venue.

GOVERNMENT DISCLOSES EDITORS' WHEREABOUTS
The Federal Government  has disclosed that the Managing Editor of TELL
magazine, Onome Osifo-Whiskey, abuducted by security agents since November
1997 is now being detained at the Kuje Prisons, near Abuja, the Federal
Capital.

The information is contained in an affidavit filed at the Federal High
Court, Lagos. A certified copy of the Detention Order No. 003507, signed
by the Inspector General of Police, Alhahi Ibrahim Commasie, dated
February 28, 1998, and which was attached to the affidavit, stated that
Osifo-Whiskey is being detained for "acts prejudicial to state security".
It also shows he is being held under the State Security (Detention of
Persons) Decree No 2 of 1984 as amended by the State Security (Detention
of Persons) Decree No 11 of 1994.

Osifo was arrested on November 9, last year on his way to church at about
10.00 am in Ikeja area of Lagos.

Two days later, human rights attorney Chief Gani Fawehinmi, on
Osifo-Whiskey's behalf, filed a N5 million ($600,000) suit praying the
Federal High Court Lagos to declare the arrest illegal and order his
immediate release from detention.

Named as co-respondents in the suit were General Sani Abacha, State
Security Service (SSS) and the Attorney-General of the Federation.

The government responded by filing a motion for preliminary objection
against the suit. In it, the government is contending that the court has
no jurisdiction to entertain the suit in view of the ouster clauses
contained in Decree 2.

Justice Ibrahim Auta has adjourned hearing of the case till May 13, this
year.

In another development, the government, April 15 1998 claimed that the
detained African Concord Editor, Mr. Soji Omotunde, is being held at the
State Security Service (SSS) cell in Abuja for acts prejudicial to state
security."

The Federal Government's disclosure is contained in a motion on notice
filed on its behalf, seeking for an order setting aside the order of a
Federal High Court in Lagos, which directed the unconditional release of
Mr. Omotunde from detention.

Justice Dan Abutu of the Federal High Court, Lagos had on December 4,
1997, ordered the Federal Government to release Mr. Omotunde
unconditionally from detention and awarded him N100,000 ($1,200) as
exemplary damages for the unlawful detention.

The judge gave these orders in his ruling on an application filed on
behalf of Omotunde by his counsel, Mr. Femi Falana, wherein the said
detention was declared as "illegal and unconstitutional."

To enforce the order of Justice Abutu, Falana served the court order
together with Form 48 (Notice of consequences of disobedience to order of
court) on the Attorney-General of the Federation, who is a party to
Omotunde's application on January 9 this year.

In the Federal Government's motion on notice filed by the Federal Ministry
of Justice, the applicants namely: the Directorate of Military
Intelligence, State Security Service, the Inspector-General of the
Federation, are praying the court to set aside its orders on the following
grounds:

* the respondents did not have enough time to react to the application of
Omotunde dated November 29, 1997 before it was taken on December 3, 1997
(for the first time), as the fourth respondent needed time to be briefed
by the first to third respondents, whose offices are in Abuja; and
* they are also praying the court for an order dismissing Omotunde's
application on November 25, 1997 on the ground that the detention of
Omotunde was effected pursuant to powers conferred on the
Inspector-General of Police by Section1 (1) of the State Security
(Detention of Persons) Decree No 2 of 1984 as amended by the State
Security (Detention of Persons) Decree No 11 of 1994.

The Federal Government also canvassed that the trial court lacked the
jurisdiction to make the order of December 4, 1997 in view of the
mandatory and compelling provision ousting the court's jurisdiction as
clearly stated in the following legislations:

* State Security (Detention of Persons) Decree No.2 of 1984;
*Constitution (Suspension and Modification Decree) No. 107 of 1993; and
* The Federal Military Government (Supremacy and Enforcement of Power)
Decree No.12 of 1994.

VANGUARD APPOINTS NEW EDITOR
A new editor has been appointed for Vanguard Newspaper a Lagos daily
newspaper.  He is Francis Gbenga Adefaye. He replaces Frank Aigbogun who
has resigned his appointment.

Adefaye, 36, was the Deputy Editor of the newspaper until his new
appointment. He graduated in (Mass Communication) from the University of
Nigeria, Nsukka, in 1994. He obtained a Master of Science, Mass
Communication in 1984 from the University of Lagos.

Mr. Adefaye worked as Editor of Lagos Mirror before joining Vanguard
Newspaper.

SECURITY OPERATIVES INVADE MEDIA HOUSE, ARREST STAFFERS
Armed security operatives besieged the administrative and corporate office
of the Independent Communications Network Limited (ICNL) publisher of The
News TEMPO,  and PM News on Monday 20 April 1998 at about 2.30pm. The
operatives numbering 50 led by an Assistant Commissioner of Police (ACP)
held hostage all the staff of the administrative offices located at 9A
Fagba Crescent, Ikeja, Lagos for about 3 hours under the scourching sun
and later arrested the accountant, Mr. Mufutau Lateef. They later moved to
the corporate office of the company at 26, Ijaiye Road, Ogba, Lagos where
they arrested the chief Librarian, Mr. Anthony Nwana, the Special Project
Executive, Mr. Yomi Osoba, a correspondent, Mr. Austin Uganwa and the
Assitant Chief Security officer, Mr. Borisanmi Olutoye. They also took
away documents and photographs of staff members who were earlier
interviewed on video.  The affected staffers were taken to the camp of the
Federal Intelligence & Investigation Bureau (FIIB), Lagos.

Further, midnight 22 April, the same security agents invaded the 24 Hours
Printing Press Limited, a subsidiary of the Independent Communication
Network Limited and arrested the Finance and administrative manager Mr.
Samson Adeyemi, the Press Manager Mr. Wole Odofin and a security officer
Mr. Hassan Turaki.

Later in the afternoon, the operatives returned once more to raid the
printing press and made away with computer unit valued at over about N1.2
million ($122,400) in the press.

All the offices were finally sealed off by the operatives on 23rd April,
1998. Heavily armed mobile policemen has since been posted there to keep
vigil.


JOURNALISTS SUSPENDED
Two journalists at the Osun State Broadcasting Service (OSBC) have been
sent on suspension without pay.

Kayode Adedire and Femi Adefila were accused of airing news items the
ultimatum issued by the Nigeria Labour Congress (NCL) for the removal of
Major Jude Egbudom, the acting chairman of the task force on petroleum
product which "embarassed the government" on the television service.

The suspension the letter dated 15 April 1998 and entitled "Suspension
from duty", ordered that "In view of the offending news carried on our
television channel on April 14, 1998 which greatly embarrassed the state
government, I am directed to place you on suspension with immediate effect
from April 15 1998 and until further notice" 

NUJ PRESIDENT SEEKS CONCESSIONS FOR MEDIA
The National President of the Nigeria Union of Journalists (NUJ), Mr.
Lanre Ogundipe, on Tuesday in Benin sought concessions for media
organisations in the procurement of tools used in the industry.

He also canvassed a liberal foreign exchange allocation for importation of
materials, tax relief on consumables in the industry and proper funding
for all government-owned media organisations to save the jobs of
journalists working in them.

Addressing a news conference in Benin 14 April, 1998, Ogundipe said
journalists who had been rightly described as the fourth estate of the
realm, were continuously marginalised by the government in its policies
and programmes.

He said the government always expected the press to perform "miracles"
without providing facilities for them to do their job.

Saying the NUJ had opened dialogue with the government to allow
journalists get more government support, Ogundipe explained that the union
was not asking for budgetary allocation per se but seeking a situation
that would enable the press to thrive and contribute to national
development and growth.

Ogundipe said if government was magnanimous enough to grant concessions to
other sectors of the economy by facilitating the importation of their raw
materials, there was nothing wrong in the demand of journalists to have
concessions.

He also said the NUJ is working out the possibility of having a uniformed
salary structure for all working journalists in the country.

"We want to ensure we have a uniformed salary structure that will cut
across the length and breath of the country, so that journalists in Sokoto
or in Port Harcourt or in Lagos will earn as journalists working in
Maiduguri or elsewhere,"  he said.

The NUJ boss also said that a national registration exercise of all
working journalists in the country would commence between now and July
this year.

He regretted that a similar exercise which was conducted about three years
ago, was haphazardly done and enjoined all journalists to avail themselves
of this ample opportunity.

According to him "if you allow this opportunity to pass you by this time
around don't blame anybody."

The national president further said journalists practising as freelancers,
as well as veteran journalists who were fore-runners in the profession but
have quit active service would be registered.


FEATURES
THE NEW CONSTITUTIONAL COURT
A decree creating the Constitutional Court, a new tier in the country's
judicial hierarchy, was promulgated recently.  Vested with original and
appellate jurisdictions, the court has exclusive powers to hear matters
relating to the interpretation or enforcement of the Constitution; to hear
matters partaining to fundamental rights as enshrined in Chapter IV of the
Constitution; to try disputes between the Federal and state goverments or
local councils or between states, or between states and councils or
council versus council.  In its electoral jurisdiction, the court shall
serve as a court of first instance in respect of presidential elections
with final jurisdiction vested in the Supreme Court.  But decisions of the
court shall be final in all other electoral matters, including those in
which it shall act in an appellate capacity over the decisions of
electoral tribunals.

The advent of the court should be a welcome relief to advocates of such a
judicial body to adjudicate cases that are fundamentally constitutional
and political in nature.  This, hopefully, will insulate the regular
courts from the consequences of disparate and indiscriminate rulings on
essentially the same matter as was witnessed in the circumstances of the
annulment of the June 12, 1993 presidential election. Having another level
for the settlement of legal disputes will also assist in decongesting the
courts and thereby expedite the dispensation of justice. This is
particularly so in the case of the Federal High Court whose jurisdiction
has often been enlarged and restricted over the past 25 years. Some of the
functions of the Federal High Court, such as adjudication on executive or
administrative act or conduct of an officer, authority or agent of
government adversely affecting a citizen or other person, shall now be
withint the purview of the Constitutional Court.

However, the timing of the creation of the court does appear to be
unauspicious. Jurists may argue that the subsisting Constitution in
Nigeria is the 1979 Constitution as modified by the Constitution
(Suspension and Mofidication) Decree No. 107 of 1993.  Yet Nigerians are
aware that there is a draft 1995 Constitution which, all things being
eqaul, may come into effect in October this year.  It would have been more
proper if the Constitutional Court were born and made to function in a
constitutional order free from the encumbrances of military
interventionists.

The enabling decree provides for a president and no fewer than 20 justices
to constitute the Constitutional Court. But until they are so appointed,
the Federal Court of Appeal will exercise the jurisdiction and powers of
the new court.  This, in our view, is unwarranted. A Court of Appeal is
precisely what its name proclaims it to be: an appellate body. By the new
decree, the Court of Appeal is being made to exercise original
jurisdiction. This will burden the justices of the eight divisions of the
Court of Appeal who ordinarily have a surfeit of appeals to handle. If the
quality of judicial decisions is not to suffer, no effect should be given
to the provision of the enabling decree that empowers the Appeal Court to
function instead of Constitutiional Court.

Although lower in hierarchy than the Court of Appeal, the Constitutional
Court is higher than the state High Courts and the Federal High Court.
Appeals from the Constitutional Court will lie in the Supreme Court.  This
re-emphasises the primacy of the Supreme Court in the judicial hierarchy.
But because of the direct linkage between the Constitutional Court and the
Supreme Court, there exists a distinct possibility of a glut of appeals
before the final arbiter.  At present, an appeal generally takes years to
decide, because the cases are many and justices of the court are few. This
will be a disservice to the very quick dispensation of justice which the
creation of the Constitutional Court ought to manifestly cure. It,
therefore, behoves the appropriate authorities to appoint without further
delay more justices to the Supreme Court.

Also, the mere creation of a court willl not necessarily revitalise the
judiciary. Reforms are a sine qua non for increased efficiency. Such
reforms as independent facilities in courts, enhanced pay for judicial
officers, and others indicated by the Justice Kayode Eso Panel on Judicial
Reforms are still yearning for faithful implementation. This should not be
so.  Above all, a society whose executive arm of government takes the
flagrant disobedience of court orders as a mark of its importance can
barely hope for a virile judiciary that is the bastion of hope for all -
rich and poor, weak and powerful alike.
Source: The Guardian,Editorial 


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