Between interpretative journalism and threat of arrest, contempt ex-facie curiae

Notwithstanding massive campaign by media stakeholders against attempts by different arms of government to gag the press at various times, there seems to be no reprieve yet for reporters in Nigeria. In this piece, our Correspondent, KEHINDE OSASONA documents the circumstances surrounding the latest threat by the Code of Conduct Tribunal Chair, Justice Danladi Umar, to jail court reporters and their editors who engage in interpretative journalism to report proceedings of his court.

Background

In 2018, when Jones Abiri, a journalist at the Weekly Source newspaper, was arrested by the DSS and held incommunicado for nearly two years without trial over allegations that he had ties to rebels in the Niger Delta, an oil-rich region in the South-south, the Human Rights Watch (HRW), had at a forum described the scenario as a disturbing trend towards repression of freedom of expression in the country.

Consequently, the organization known for its stance against abuse of power, human rights violations, illegal arrests, detention, and torture issued a statement in condemnation of the action of the security agency.

The group equally denounced the growing harassment of the media and a “climate of fear” created by security agencies in Nigeria,

According to one of HRW researchers, Anietie Ewang, “Throwing reporters in jail for doing their job of informing the public sends a chilling message to journalists in Nigeria,”

She continued, “The Nigerian authorities need to end any harassment and ensure that members of the press can operate without fear.”

Not long after, another journalist reporting for an online newspaper, Premium Times, Samuel Ogundipe, was arrested and released on bail a few days later after publishing a confidential report on parliament takeover by security agencies.

News from other climes

In a recent publication by The Guardian Weekly’ in Australia, it wasrevealed thatas many as 100 journalists have been threatened with a charge of contempt of court in the country, fearing they could face possible jail terms if they continue to interfere with the administration of justice or scandalize the court.

The suppression order according to the publication was allegedly issued last year, by the chief judge of Melbourne’s county court, Peter Kidd, in a celebrated trial involving Cardinal George Pell.  

Cardinal George Pell, a ranking Vatican official has been found guilty in Australia of charges related to sexual abuse. The famous Australian cleric, advocate of priestly celibacy, and strong supporter of traditional Catholic values, was one of the Pope’s closest advisers at the Vatican

According to media reports, letters indicating that journalists could be prosecuted were also sent to the affected media houses.

Court reporters risk jail term for reporting court proceedings with ‘mischief’

But just when the fuss is yet to simmer, another threat was issued by Justice Danladi Umar at the ongoing trial of the suspended Chief Justice of Nigeria, Walter Onnoghen at the Code of Conduct Tribunal in Abuja.

Umar had threatened to jail for 28 years any journalist that misrepresents proceedings on the CJN’s trial.

He said some journalists had reported what did not transpire, warning that he would not hesitate to send to prison anyone who misrepresents facts of the tribunal’s proceedings.

Umar was quoted as having said, “The last proceeding was on Monday March 18. That day Onnoghen’s counsel, Adegboyega Awomolo, SAN, said the asset declaration forms were in loose form but they were admitted in evidence.”

He said, the following day, Tuesday March 19, some papers then wrote different misleading headlines: “Onnoghen accuses FG of mutilating his asset declaration form; “Drama as Onnoghen accuses FG of tampering with asset form. He went further, citing  Pilot newspaper which he claimed titled its story as: Onnoghen accuses FG of doctoring asset declaration form.

“This I consider mischievous, distortion of facts, misrepresentation of what transpired when the defence counsel said the asset declaration forms look loose.

“You are very lucky today; I would have used the full wrath of this tribunal to summon you, send those who reported these misrepresentations of facts to prison”, the chairman threatened.

While stating that such reportage offends the professional conduct of Journalism, Umar added that he will not hesitate to deal decisively with any journalist who misrepresents the court proceedings.

“I have already summoned the special squad to pick those reporters to prison.

“Henceforth, I will not hesitate to bring the full wrath of the law and commit to prison any journalist or paper carrying concocted and discredited story not emanating from this tribunal.

 “The journalist will languish there and may remain there (in prison) until I retire about 28 years from now.

 “It does not matter whether the contempt is committed in facie curiae (before the court) or ex facie curiae (outside the court)”, he fumed.

“The consequence is that they will languish there. It is contemptuous”, he said.

NUJ position

But, the Abuja chapter of the Nigerian Union of Journalist has described the threat made by the chairman of the Code of Conduct Tribunal, Danladi Umar, against journalists as “vague and empty”.

The union said Umar has no powers to imprison journalists carrying out their official assignment.

While reacting, the chairman of NUJ, Abuja chapter, Emmanuel Ogbeche, dismissed the CCT chairman’s threat and asked journalists to continue to discharge their duties without fear or favour.

“It is unfortunate. What is ascribed to the CCT Chairman, Danladi Umar. I do not think any journalists is misrepresenting the proceedings of the court as alleged by Justice Umar,” Mr Ogbeche said.

“He lacks the powers to send any journalist(s) to prison for carrying out their constitutional duties to the nation. Just as the judge is carrying out his official duties, journalists are also constitutionally empowered to report what is going on in the court rooms,” he said.

Ogbeche warned judges not to attempt to make journalists scapegoats in the show of power between the executive and judiciary.

He said the union will mobilise its members and the international groups to resist any attempt to intimidate or trample upon the rights of media practitioners.

“We will mobilize and resist all attempts to intimidate journalists. They will not be made scapegoats in the political and judicial drama in Nigeria,” Ogbeche added.

SERAP, Ozekhome and Section 22 of the constitution

This was as a Senior Advocate of Nigeria, Chief Mike Ozekhome, condemned the arrest and detention of the journalist, describing it as a re-enactment of the “inglorious locust days of Decree No. 4 of 1984 under President Muhammadu Buhari, then as a military dictator.”

Meanwhile, in a letter dated August 14, 2018, and addressed to the UN Special Rapporteur on the Promotion and Protection of the Rights to Freedom of Opinion and Expression, Mr David Kaye, Socio-Economic Rights, and Accountability Project SERAP, had expressed its concern over media freedom, saying it was being eroded by the police in Nigeria.

The group went further by urging the UN to urgently intervene and prevail on the Federal Government and the Inspector-General of Police, Mr. Ibrahim Idris, to immediately free detained journalists and stop the move to criminalize them.

In the same vein, an activist and human rights lawyer, Ozekhome, had in a statement, reminded vested authorities on the fact that journalists were protected by Section 22 of the Nigerian constitution to hold government accountable and responsible to the citizens.

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