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Alleged Defamation: Court acquits journalists, chides police, magistrate over shoddy trial
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The Kwara State High Court, sitting as an appellate court in Ilorin, has discharged and acquitted two journalists convicted of publishing a defamatory article against a rice factory, faulting the police and trial magistrate’s ruling.
In February 2023, a magistrate’s court convicted Alfred Olufemi, an investigative reporter, and Gidado Shuaib, editor of Abuja-based News Digest, over a report against Hillcrest Agro-Allied Industries Limited.
The report published in News Digest in 2018 detailed how the company’s staff members smoked Indian hemp freely within its premises, violating relevant laws and health regulations.
In his verdict, the trial magistrate, A.S. Muhammad, found the journalists guilty of criminal conspiracy and defamation. He then sentenced the journalists to two months imprisonment with an option of fine.
But the journalists immediately appealed the judgement at the state High Court, where a three-man panel reviewed the trial court’s judgement.
The journalists’ lawyer, Yunus AbdulSalam, urged the appellate court to quash the lower court’s conviction. The Abuja-based lawyer argued that the respondent, the prosecution at the lower court, did not prove its case beyond reasonable doubt as the report of the police investigation it relied on was already issued before the appellants were invited for questioning.
He also argued that the trial magistrate did not regard the testimony of the journalists’ key witness and their defence, among other issues raised during the trial.
Acquittal
Delivering its judgement on 14 February, a three-man panel comprising Justice M.O Adegbite, Justice S.B Olanipekun and Justice S.M Akanbi, ruled that they had no difficulty in resolving the issue in favour of the appellants.
“We find merit in the appeal, set aside the conviction and sentence. We allow the appeal and enter a verdict of discharge and acquittal for the appellants,” said the presiding judge, Justice Akanbi.
Reacting to the outcome of the appeal, the journalists’ lawyer, Mr. AbdulSalam described the decision of the court as a victory for his clients and press freedom in Nigeria.
“For nearly six years, these young journalists fought to reclaim their innocence and I’m happy that the appeal court delivered justice. This is a win for truth, press freedom and rule of law,” he said.
Shoddy police investigation
Meanwhile, in the 25-page judgement obtained by PRNigeria, the presiding judge took a swipe at the police and the trial magistrate over their roles in the conviction of the journalists.
“I think with all due respect to the learned magistrate, he came to the conclusion after taking into consideration the prosecution’s investigation report which came out before the arrest and invitation of the Appellant.”
The judges stated that besides the fact that the evidence of the prosecution witness sharply contradicted the evidence tendered by the witness, the report coming out before investigation leaves much to be desired
They maintained that despite the contradiction in evidence presented by the prosecution, the trial court took the narration of the Investigating Police Officer (IPO) hook line and sinker.
“The shoddy and shady investigation embarked upon by the police must have misled the trial magistrate court to its finding without regard to the evidence of the Appellants,” the judgement read.
“Investigation report came before an invitation of the Appellants to exhibit P6 and the defence of the DW1 were jettisoned for the evidence of the prosecution witnesses. Every doubt ought to have been resolved in favour of the defence in criminal cases.”
Overwhelmed magistrate
The appellate judges also described the magistrate as being overwhelmed by the evidence of the prosecution witnesses without taking into proper account the defence of the defendants.
“The defence of the Appellants ought to be considered. In other words, the principle of natural justice ought to be taken into consideration instead of the prosecution’s evidence alone.The learned trial judge got carried away with the confessional statement and PW2’s evidence without regard to the evidence of the defendants,” the judgement read.
They pointed out that a traverse through the evidence on record showed that the elements contained in section 392 of the penal code, which the magistrate relied on, were not proven by the prosecution.
Former CBN chief absent from court
One of the grounds cited for the acquittal of the journalists was that Sarah Alade, a former acting Governor of the Central Bank of Nigeria, who the police claimed was defamed was never in court to give evidence.
This newspaper recalls that at the start of the trial in 2019, Mrs Alade, who was then serving as the special assistant to former President Muhammadu Buhari, was named the owner of Hillcrest Agro-allied but never showed up in court.
But midway into the trial, the company claimed it belonged to Mrs Alade’s son, one Ayo Alade, who later appeared in court to give evidence.
“For emphasis, while exhibit P2 says the company is owned by Sarah Alade who is said to be defamed. The evidence of PW1 at page 89 says the company Hillcrest Agro Allied Industry Limited does not belong to Dr.(Mrs.) Sarah Alade,” The court judgement said.
“We are of the firm view also that the finding of the trial magistrate, particularly PW2, the confessional statement held to have sufficiently established the offence of conspiracy and defamation against the 1st and 2nd defendant is not proved.”
“With all due respect, we hold the view for the above-stated reasons that the trial magistrate’s finding was not well founded,” the judges concluded.
News
President Tinubu Speaks On Ajuri Ngelale’s Indefinite Leave Request
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By Kayode Sanni-Arewa
President Bola Ahmed Tinubu’s administration has endorsed Ajuri Ngelale, the President’s Special Adviser on Media and Publicity, indefinite leave request.
Recall Ngelale, in a statement on Saturday, announced an indefinite leave of absence.
He proceeded on the leave to attend to pressing medical matters affecting his immediate family.
In a statement he posted on his general communication WhatsApp platform on Saturday, Ngelale revealed that he submitted a memo to the Chief of Staff on Friday.
He noted that the memo was a means of notifying him of the decision to pause his functions, including his roles as Special Presidential Envoy on Climate Action and Chairman of the Presidential Steering Committee on Project Evergreen.
Ngelale explained that the decision was after consultations with his family due to a worsening medical situation at home.
He expressed hope to return to full-time national service when circumstances permit.
In a statement posted on X by Tinubu’s Special Assistant on New Media, Olusegun Dada and signed by the Presidency, Tinubu approved Ngelale’s request.
Tinubu stated that he fully understands his Chief spokesperson’s reason and sympathizes with the circumstances that have led to this seemingly difficult decision.
The statement read: “The President has received the memo from Chief Ajuri Ngelale, Special Adviser to the President on Media & Publicity and Official Spokesperson of the President as well as Special Presidential Envoy on Climate Action, informing of his decision to proceed on an indefinite leave of absence for personal and health reasons.
“The President accepts his reasons for the leave, fully understands them and sympathizes with the circumstances that have led to this seemingly difficult decision.
“While extending his heartfelt prayers and best wishes to Chief Ngelale and his family during this challenging moment, the President hopes for a speedy recovery and full restoration to health.
“The President notes his tireless efforts and dedication in serving the nation, and thanks him for the remarkable contributions he made in his various capacities, especially in advancing national discourse and leading efforts on climate action and other key initiatives.
“The President wishes him well in all his future endeavors.
“During this period, we kindly ask that the wish for privacy of Chief Ngelale and his family be respected.”
News
Confusion As FG Denies Ownership Of Yacht Spotted In France With Nigerian Flag
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…says it belongs to an undisvcosed private individual
By Kayode Sanni-Arewa
The presidency, on Saturday, denied ownership of a yacht spotted hoisting Nigerian flag in St-Tropez, a coastal town in France.
There had been reports of a “presidential yacht belonging to the Nigerian government being used for vacation at St Tropez” on social media.
Senior Assistant to President Bola Tinubu on digital and new media, Otega Ogra, in a post on X, said the yacht belongs to a private individual.
The presidential aide said flags used by the president or armed forces do not contain the coat of arms like the one on the yacht.
Ogra said on Saturday, “There have been false claims circulating that a private individual’s yacht was spotted in St. Tropez is a Nigerian government yacht. Here are some points to consider in order to discern the truth.
“The 42m Bennetti yacht currently being shared online has been privately owned for around 5 years since it was constructed.
It is important to note that this specific yacht has no connection or ownership ties to the Nigerian government, president or armed forces. Any claims or assertions suggesting otherwise are simply not true and inaccurate.
“It is not uncommon for luxury yachts to fly the flag of the owner’s country as well as the flag of the country in which they are registered.
“The official Nigerian flag is Green-White-Green without a coat of arms in the middle. Flags representing the Nigerian President or the Armed Forces do not contain a coat of arms in the center. Placing anything in the center of the flag is a clear deviation
News
Constituency Devt: Senator Manu fulfils promise, installs solar energy as alternative source of power for constituents(Photos)
![](https://naijablitznews.com/wp-content/uploads/2024/09/Screenshot_20240907-234433.png)
By Kayode Sanni-Arewa
In a bid to enhance better life for his constituents, Senator Manu Haruna has facilatated installation of solar energy in Takalafiya community in Bali Local Government Area of Taraba State.
Senator Manu who represents Taraba Central Senatorial District in the National Assembly fulfilled his promise of ensuring the energy needs of his constituents are adequately taken care of.
This initiative reflects his unwavering commitment to addressing the energy needs of his constituents by providing a reliable and sustainable power source.
The solar energy project is expected to improve the quality of life in the community, enabling access to electricity for homes, schools, and local businesses, while also promoting environmental sustainability.
This project is part of Senator Haruna’s broader efforts to enhance infrastructure and development in Taraba Central.
Manu is also working tirelessly to make sure areas not connected to the national grid are connected within the shortest period possible.
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