NIGERIA MEDIA MONITOR
#03 28 MONDAY 20 JULY 1998
* DETAINED MEDIA WORKERS RELEASED * JOURNALISTS WANT NIRAN MALAOLU'S SENTENCE LIFTED * NUJ TO REVIEW CONSTITUTION * EVOLUTION OF ANTI - MEDIA DECREE IN NIGERI NEWSREEL DETAINED MEDIA WORKER RELEASED Two staff of the Independent Communications Network Limited, publishers of The News, TEMPO and PM News have been released. Tokunbo Fakeye, the defence correspondent of the group held at the Directorate of Military Intelligence offices, Apapa since 4 November, 1997 was released on 15 July, 1998 alongside with the administrative manager of the company Mr. Rafiu Salau who was arrested and detained 18 November, 1997 at the same Directorate Military Intelligence officer when he was there to see Tokunbo. Meanwhile, three journalists of the ICNL group are still held. They include Bagauda Kaltho, the Kaduna State correspondent of The News and TEMPO magazines, Kunle Ajibade, Editor The News and Babafemi Ojudu, Managing editor The News. In a brief chart with IJC, Rafiu Salau recounted his ordeal in detention. Below are excerpts: Why were you arrested? Ordinarily, you are not told why you are arrested. They were surprised that after the arrest of the managing editor and the key officers of our company, the company still operate fully. The magazines come out regularly without any stress. They then felt that by arresting me, they will stiffle the growth of the company and make it difficult for it to operate. What kind of interrogation were you subjected to? I was asked primarily about where we print our magazines (The News & TEMPO). And I told them, we don't have a printing press, we print anywhere our demands are met and suitable for us. After the first day, there was no further questioning. They just kept me there and I didn't bother going to them to beg them. They forgot me in the place. No further consultation. How would you releate your experience in the place? It is not easy. I didn't expect it. I just went to the place to take care of a colleague, Tokunbo Fakeye who was arrested and detained since 4 November 1997 only to be detained. It is not easy. I tell you! Leaving my family and job. I don't find it interesting. I slept on barefloor for 3 months there was the constant harassment from the soldiers. It is terrible but I adjusted. I accommodated all. How? Well, I just got used to my inmates and the system. My organisation too is of great help. They provided all my needs. What about feeding and medical facilities? Ah, that is bad o! There is a feeding allowance of N20 a day. If you are ill, all they do is to provide transportation and chains for you, take you to hospital, you foot your own bill and they make sure they take you back into the cell. How do you see the effect of your detention on your job in particular and the Nigerian press in general? First, on my job now. I don't know where to start. I am completely at lost. I am behind time. I need to be updated. I am now being tutured by my colleagues because so many things have happened since. Second, the Nigerian press has done a good job. The Nigerian Union of Journalists (NUJ) through a lot of campaign and conferences held has helped in securing my release, I really appreciate it. The spirit is high and Nigerian press, I believe, stand on truth and it is because of the injustice in the country that the press is seem to be partisan in the pursuit of the sole truth. But I think we will triumph. I also thank Independent Journalism Centre (IJC) for the worldwide publicity given our case. JOURNALISTS WANT MALAOLU'S SENTENCE LIFTED The Lagos State chapter of the Nigeria Union of Journalists (NUJ), has demanded for a complete lifting of the sentence passed on the Editor of The Diet Newspaper, Mr. Niran Malaolu, by the Federal Government. The demand, which was contained in a statement by the council and signed by its chairman, Mr. Lanre Arogundade, came on the heels of the review of his conviction from life imprisonment to 15 years by the Provisional Ruling Council (PRC) last week. It insisted that the review "fell short of the expectation of journalists in the state, who had unanimously demanded the complete lifting of the sentence, so that Mr. Malaolu could breathe the air of freedom". The council noted that it was very much convinced of the appropriateness of the demand adding that the circumstances surrounding his imprisonment and that of Kunle Ajibade, George Mbah, Chris Anyanwu and Ben Obi for alleged coup plot, were still not clear to its members. In this light, the council re-echoed its appeal that "Mr. Malaolu as well as other jailed and detained journalists be set free immediately", so as to enable them contribute their own quota to the efforts of the present administration to truly reconcile all sections of the country. NbUJ TO REVIEW CONSTITUTION A conference to be held in July 18 and July 19 in Yola to review the Constitution of the Nigerian Union of Journalists. The National Secretary of the Union, Malam Mohammed Khalid has said. About 500 delegates, comprising chapel members and members of national executive council were expected to participate in the conference. Mohammed said a five-man committee to organise the conference had been constituted. The committee, he added was expected to work closely with the local organising committee set up by the Adamawa State Chapter of the Union. Meanwhile, the Adamawa State Government had pledged to support the union to ensure that the conference was successful. The pledge was made during a meeting between two of the union's officials in Yola and the state Commissioners of Information and Finance, as well as the secretary to the state government. FEATURE EVOLUTION OF ANTI-MEDIA DECREE IN NIGERIA Proscription and closures have always been ready tools in the hand of military government who are intolerant of criticism of the independent press. Sometimes, the government don't even go to the extent of promulgating Decrees to back up the closures. But in most cases, Decrees and Edicts are passed to backup the proscriptions and closures. On September 9, 1968, Brigadier Adeyinka Adebayo then Military Governor of the defunct Western State passed an Edict proscribing Sunday Star and Imole Owuro. The Edict prohibited the sales distribution and possession of the papers in the then Western State. Any person who contravened the edit was to go to jail for two years. The proprietors of the newspapers did not fold their arms as they were being guilotined by the Western State Government. They went to court to challenge the proscription edict and the case came before justice Olu Ayoola. Justice Ayoola in May 28 1970 in his judgement held that the proscription edict was illegal as it contravened Section 25 of the 1963 Constitution which dealt with freedom of expression. Section 25(1) "(Nothing in this section shall invalidate any law that is reasonably justifiable in a democratic society.". It was however, during the tenure of General Olusegun Obasanjo as Head of State that proscription again reared is ugly head. It was the proscription of Newbreed magazine. The magazine had been critical of the government of General Obasanjo but the last straw was the magazine's publication of an interview with former secessionist leader, Chief Emeka Odumegwu Ojukwu who was then in exile in Abidjan. Obasanjo was livid and on June 4, 1978 passed a Decree proscribing Newbreed. The Decree also ordered that all copies of the magazine be impounded. Perhaps, taking a cue from the nullification of the proscription edit passed by Brigadier Adebayo in 1968, Newbreed proscription Decree ousted the jurisdiction of courts on the matter. Section 3 of the Decree states "The question whether any provision of Chapter III of the Constitution of the Federation has been, is being or would be contravened by anything done or proposed to be done in pursuance of the decree shall not be inquired into, in any court of law and accordingly, Section 31, 32 and 117(2) (b) of the Constitution shall not apply in relation to any question." The proscription was later lifted by the Shehu Shagari government. In the similar fashion Newbreed was proscribed, the Babangida government on April 6, 1989 proscribed Newswatch magazine. The proscription which was to last for six months was as a result of the publication of Cookey recommendations on the political bureau. However, before the government lifted the proscription on August 27, 1987, a Lagos-based lawyer, Dr. Olu Onagoruwa took the government to court to challenge the proscription. According to him, the proscription violated Section 36 of the 1979 Constitution that deals with freedom of expression. But Justice David Oguntade (now of the Court of Appeal) on May 18, 1987 ruled that his court had not jurisdiction to declare as unconstitutional, Newswatch decree. His reasoning, he held, was based on Decree No. 1 1984 which state that no decree can be questioned on the ground that the Federal Government has no competence to make the Decree or that it violates the Fundamental Right to Freedom of Expression. When The Guardian Group of Newspaper was closed by the Lagos State Government on May 29, 1993, the newspapers management file a suit at Ikeja High Court on June 3 to challenge the closure. But the suit was withdrawn even though no proscription order was made. But despite the re-opening of the newspapers, four Human Rights Group-Civil, Liberties Organisation (CLO) Committee for the Defence of Human Rights (CDHR) National Association of Democratic Lawyers (NADL), Human Rights Committee of Lagos State Council of NUJ went to court. Based on this suit, the court restrained the Lagos State Government, the police or any government agent from closing any media house in Lagos State until the final determination of the case. A similar pattern was enacted during the April 1992 closure of Concord Group of Newspaper. The four groups that went to court to challenge the closure of The Guardian filed another suit to challenge the closure of Concord Group of Newspaper and on April 15, 1992, Mr. Justice Eniola Longe of Ikeja High Court ordered the policemen to vacate the Concord premises and that the newspapers be opened immediately. The Federal Government flouted the court order. Following this disobedience, the Human Right Groups initiated contempt proceedings against the Inspector-General of Police by issuing "Form 48" (notice of the consequences of disobedience to court order). The doors of Concord Newspapers were later flung open by the Federal Government on April 23, 1992, a day after contempt proceedings were initiated. The June 12 struggle in 1993 again led the press on collision course with the government of General Ibrahim Babangida. In one fell swoop Concord Group of Newspaper, The Punch group of Newspapers, Sketch Group of newspapers, owned by the governments of Oyo, Ogun, Ondo and Osun States and The Observer newspaper owned by the Edo State Government were in July 1993 all proscribed by virtue of Decree 48 of 1993. Also proscribed was The News magazine. This led to the birth of TEMPO magazine Earlier in March 1993, the Federal Government had proscribed Kaduna based Reporter while the government also promulgated an all-encompassing Decree that gave it power to proscribe any publication by whatever title. The Concord Group went to court and Justice James Oduneye of Ikeja High Court ordered the police to vacate the premises. A Human Rights Body, Constitutional Rights Project (CRP) also went to court in respect of the closure and occupation of The News by security agents. Abuja-based Newsday was also closed down but not proscribed. With the advent of the Abacha regime in November 17 1993, proscribed media houses were re-opened. But this lease of life was short-lived as they were back under locks and key few months after. In June 1994, The Concord and The Punch Group were proscribed while on August 4, 1994 The Guardian Group joined the fray when it was also proscribed. All the three newspapers went to court to challenge their proscriptions. On July 29, 1994, Justice Tajudeen Odunowo of Federal High Court, Lagos ordered the immediate re-opening of The Punch as it awarded the newspaper N25 million as damages while its Editor, Mr. Bola Bolawole was awarded N100,000 as damage for unlawful detention. Similarly, Justice Babatunde Belgore, the Chief Justice of Federal High Court on August 18, 1994, ordered the immediate re-opening of Concord and awarded N1.5 million as damages. Justice Mamman Kolo, of Federal High Court also ordered the immediate reopening of The Guardian. All these court orders were disdainfully flouted by Federal Government. Decrees are the major legislative tools of military government and in Nigeria, they are chummed out with such rapidity that makes many discerning person marvel. Decrees are enacted to circumscribe the practice of journalism. Some of these Decrees had never gone without the necessary challenge by the press. In 1984, when the Buhari government jailed two The Guardian reporters, Nduka Irabor and Tunde Thompson one year each under Decree 4, The Guardian Management went to court for a proper interpretation of Decree 4, particularly as regards whether if a story that embarrassed the government and was true could be an offence under the Decree. The Chief Judge of Lagos State, Late Justice Adetunji Adefarasin in his ruling on July 26, 1984 held that by virtue of the provisions of Decree 4 of 1984, it was "unlawful for the plaintiffs to publish any report or statement which is true and which brings or is calculated to bring the Federal Military Government or state government or a public officer to ridicule or disrepute". Similarly, the Nigeria Union of Journalists (NUJ) went to court asking for the interpretation of the provisions of the Decree. In his ruling on June 8, 1993 Justice Yaya Jinadu held that he had jurisdiction to entertain the suit but that the NUJ lacked the locus standi to institute the action. On appeal at the Court of Appeal, the court further affirmed that the NUJ had no locus standi, although, this pronouncement on locus standi may sound embarrassing because the next logical question anyone would ask is "if the NUJ has no locus standi to sue on behalf of journalists, then who has locus standi? However, in this case counsel to the NUJ made a fatal error by not annexing NUJ constitution to the pleading to show that it has a sufficient interest in the case. However, in 1993 in the case of Richard Akinnola V. General Ibrahim Babangida, Justice Solomon Hunponu Wusu of Lagos High Court ruled that the plaintiff had the locus standi to sue on behalf of himself and journalists. The plaintiff sued on behalf of himself and also in his capacity as the Chairman of Human Rights Department and Professional Services Department of Lagos State Council of Nigeria Union of Journalists to challenge the promulgation of Decree 43 of 1993 a Decree that laid down stringent conditions for the registration of both existing and up-coming publications. The court restrained the Federal Government from implementing the Decree until the suit was disposed off. The Federal Government objected to the suit on the grounds that the plaintiff had no locus standi and that the court lacked jurisdiction to entertain the suit. But in his ruling, Justice Hunponu-Wusu held that by virtue of the fact that the plaintiff applicant was an official of the NUJ, part of whose responsibility was to protect the interest of 4,000 numbers of the Union in the state, he was competent to institute the action. On the issue of jurisdiction, the court held that since Nigeria is a signatory to the African Charter on Human and Peoples Rights Cap. 10 Laws of the Federation, a charter that preserves the jurisdiction of courts, it supercedes any ouster clause in any Decree. Also in the case of Guardian Newspapers v. The Attorney General of the Federation on the same Decree 43 of 1993. Justice Samuel Ilori of Ikeja High Court declared the Decree null and void. Decrees. Between 1996 and 1995, the following Decrees and Edicts were promulgated by the military against the Press. 1. Circulation of Newspapers Decree No. 2 of 1996 2. The Defamatory and Offensive Publication Decree No. 44 of 1996 3. Newspaper Prohibition of Circulation Decree No. 17 of 1967 4. The Sunday Star and Imole Owuro (Prohibition) Edict No. 17, 1968 5. The Printers and Publishers of the Sunday Star and the Imole Owuro (Declaration as unlawful society) Edict No. 19 of 1968 6. Public Officers (Protection Against False Accusation) Decree NO. 11 of 1976 7. Daily Times of Nigeria (Transfer of Certain Shares) Decree No. 1 of 1979. 8. Newspapers (Prohibition of Circulation) (Validation) Decree No. 12 of 1978. 9. Public Officers (Protection Against False Accusation) Decree No. 4 of 1984. 10. Newswatch (Proscription and Prohibition from Circulation) Decree No 6 of 1987. 11. The Reporter (Proscription and Prohibition from Circulation) Decree No. 29 of 1993. 12. Offensive Publications (Proscription) Decree No. 35 of 1993 13. Treason and treasonable Offences Decree No. 29 of 1993 14. Newspapers Registration Decree No.43 of 1993 15. The News (Proscription and Prohibition from Circulation) Decree of 1993. 16. Newspapers etc. (Proscription and Prohibition from Circulation) Decree 48 of 1993. (Proscribing Concord, Punch, Sketch, and Observer Groups of Newspapers). 17. The Concord Newspaper and African Concord Weekly magazine (Prohibition from Circulation) Decree No 6 of 1994. 18. The Punch Newspaper (Proscription and Prohibition from Circulation) Decree No. 7 of 1994 19. The Guardian Newspapers and Guardian Weekly magazine (Proscription and Prohibition from Circulation) Decree No.9 of 1994. 20 Concord Newspaper and African Concord Magazine (Proscription and prohibition from Circulation (Extension of Time) Order 1994 and The Punch Newspaper (proscription and prohibition from Circulation) Extension of Time) Order 1994. 21. The Guardian Newspaper and African Guardian Weekly magazine (Proscription and Prohibition from Circulation) (Extension of Time) Order 1995.
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