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Alleged Defamation: Court acquits journalists, chides police, magistrate over shoddy trial
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
PTDF shortlists 1,643 applicants for 2024/2025 in-country scholarships
The Petroleum Technology Development Fund (PTDF) has shortlisted 1,643 applicants for the In-country Scholarship Scheme for the 2024/2025 academic session.
The fund’s Head of In-country Scholarship Scheme (ISS), Mr. Surajo Abdullahi, announced this yesterday in Abuja during a physical interview of shortlisted candidates for MSc and Ph.D programmes under the scheme.
Abdullahi said 387 candidates had been screened at the Abuja centre while the exercise is holding simultaneously at designated centres across the six geopolitical zones in the country.
The scholarship, fully funded by the PTDF, is mainly for oil and gas courses, such as geology, chemical and mechanical engineering, geosciences, environmental, biochemistry, management and computing.
Abdullahi said the scheme was part of PTDF’s mandates to develop capacity and competencies in the oil and gas industry through its human and institutional capacity development.
“This is a part of human development where we give Nigerian candidates the opportunity to study in the area of oil and gas to close gaps in the industry.
“So, we normally sponsor them to study in the oil and gas-related courses so that we can fill up the gap. We have also widened our scope in different forms of energy and renewables,” he said.
News
BDC operator sues EFCC for N1.2b over alleged illegal detention
A Bureau De Change (BDC) operator, Suleiman Babangida Sani, has sued the Economic and Financial Crimes Commission (EFCC) for alleged arrest, torture, and illegal detention without trial.
The applicant, through his lawyer, Edwin Anikwem (SAN), is praying for an order mandating the EFCC to pay him N200 million as general damages, and N1 billion as exemplary damages for flagrant violation of his fundamental rights.
The applicant is also asking the court for an order compelling the EFCC to tender an unreserved public apology for the infringement on his fundamental rights.
In a 33-paragraph affidavit sworn to by Olalekan Joseph Bayode, the deponent stated that the applicant had been at the EFCC detention centre at Okotie Eboh Street in Ikoyi, Lagos, since June 1 when he was arrested.
Anikwem averred that the applicant had been carrying on his business since 1993 as a BDC operator.
The deponent said the EFCC invited the applicant through a telephone call on June 1 to report to their office at 15A, Awolowo Road in Ikoyi, Lagos, adding that as a responsible and law-abiding citizen, he complied with the invitation.
According to the deponent, upon arrival, the applicant was asked about certain transactions concerning his BDC business, which he provided.
Anikwem averred that the officers informed him that the answers he provided were unsatisfactory and thus prevented him from leaving their office, thereby arresting and detaining him.
The lawyer said the applicant was not given any information about the nature of the offence he was arrested and detained for.
He added: “The applicant has not been charged with any criminal offence nor has he been informed of what his offence is since his arrest and detention on the 1st of June, 2024.
“Because of the poor sanitary condition of the cell, the applicant developed an extremely painful abscess on his fingertips while he was in detention.”
Anikwem averred that the applicant was not treated for the ailment despite complaining officially to be taken to the hospital, and as a result of the said untreated painful abscess on the fingertips, the applicant developed high blood pressure.
“When the applicant complained to officers of the EFCC about his health condition, he was ignored as there was no medical facility to cater for his deteriorating health.
“As a result of the applicant’s arrest and detention without trial, the applicant’s business has been closed for more than 150 days, leading to substantial financial loss in the business.
“The applicant is the sole breadwinner of his family which comprises a housewife, eight children, and an ailing aged mother of 105 years.
“As a result of the applicant’s arrest and detention, the applicant’s children have been out of school due to their inability to pay their school fees and other incidental expenses.
“As a result of the applicant’s arrest and continued detention, the applicant’s mother has resorted to praying for death as she does not want to be the one to bury her son.”
Anikwem averred that it would be in the interest of justice for the application to be urgently and expeditiously determined as the applicant has been languishing in detention.
The applicant is praying for a declaration that the continued detention of the applicant by the EFCC without charging him to court flagrantly violates his fundamental rights to life, respect for the dignity of his person, liberty and movement as guaranteed by Sections 33, 34, 35 and 41 of the 1999 Constitution and Article 6 of the African Charter on Human and People’s Rights (Ratification and Enforcement) Act, Cap A9 Laws of the Federation of Nigeria, 2004 and is therefore unconstitutional, unlawful, illegal, null and void.
He prayed for: “An order enforcing the Applicant’s fundamental rights by ordering his release from unlawful detention currently imposed on him by the Respondents.
“An order compelling the respondents to tender an unreserved public apology to the applicant for the infringement on his fundamental rights.
“An order mandating the respondents to pay to the applicant general damages of N200,000,000.00 (two hundred million Naira) only for harassment, torture, arrest and unlawful detention of the applicant’s person without trial.
“An order mandating the respondents to pay to the applicant the sum of N1,000,000,000.00 (One billion Naira) only as exemplary damages for the flagrant violation of his fundamental rights to wit: unlawful arrest and detention without trial.
“And such further order or orders as this honourable court may deem fit to make in the circumstances.”
News
Hardship: There’s no option, Tinubu and I empathise with Nigerians – Shettima
Vice President Kassim Shettima, speaking at the Nigeria Economic Summit in Abuja, expressed deep empathy on behalf of himself and President Bola Tinubu for the hardships Nigerians are facing due to the government’s economic reforms.
Despite the challenges, Shettima stated that the reforms are crucial to achieving sustainable growth.
“Our hearts go out to Nigerians, especially the poor and young, enduring difficult times,” Shettima said. “But we have no option if we must return Nigeria to the path of sustainable economic growth.”
He emphasised that Nigeria’s economy has been volatile, over-reliant on oil, and unable to create enough jobs for the country’s rapidly growing population. To address this, Shettima outlined the government’s focus on diversifying the economy through sectors such as agriculture, manufacturing, and the digital economy.
He also highlighted the government’s efforts to support small and medium-sized businesses, improve infrastructure, and remove regulatory bottlenecks. Shettima noted that the administration has introduced single-digit interest loans for manufacturers and a new credit corporation to offer consumer loans to workers.
On security, the Vice President stressed the government’s commitment to combating terrorism and banditry, while also implementing fiscal reforms like subsidy removal and debt management to stabilize the economy.
Shettima urged collaboration between the public and private sectors to overcome Nigeria’s economic challenges, adding that the Nigeria Economic Summit serves as a platform to foster dialogue and drive actionable recommendations for growth and stability.
“The challenges are significant, but they are manageable,”
Shettima concluded. “With the right policies, partnerships, and cohesion, Nigeria can emerge stronger, more competitive, and resilient.”
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