NIGERIA MEDIA MONITOR
#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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