Court Okays LEADERSHIP’s Application To Summon Jonathan By: Iorakpen Ishu-Josef, Chika Otuchikere on July 18, 2013 - 2:44am inShare An Abuja high court in Kubwa has fixed July 23, 2013, for the hearing of an application by two LEADERSHIP journalists -- group news editor Mr Tony Amokeodo and senior correspondent Mr Chibuzo Ukaibe -- and their employer (LEADERSHIP Group Ltd) seeking to stay proceedings in the alleged forgery of a “presidential directives” bromide published in LEADERSHIP newspaper on April 3, 2013. Justice Usman Musale also ordered the prosecution to file its counter-response before the said date. In his brief ruling yesterday on whether or not the journalists’ application filed by their lead lawyer, Mr Femi Falana (SAN), was ripe for hearing, Justice Musale held that “the application having been filed and served on the prosecutor, Chief Adegboyega Awomolo (SAN), who has since indicated interest to oppose the application, he (Awomolo) has to be given that right to oppose”. The judge held further that failure to allow the prosecution right to oppose the said application will be a breach of fair hearing as envisaged by the constitution. The judge said, “The breach of right to fair hearing occurs when opportunity is denied to a party in court. For that reason, the motion is not ripe for hearing as the prosecution ought to be given time to respond to it. In the circumstance, time will be given for the motion to be heard on the merit. The motion shall be moved on July 23, 2013.” Justice Musale had this Monday issued a summons (subpoena ad testificandum) on the president and commander-in-chief of the armed forces of the Federal Republic of Nigeria, courtesy of Federal Ministry of Justice headquarters, Maitama, Abuja. The subpoena , which was sequel to the request of the lead lawyer to LEADERSHIP journalists, Mr. Femi Falana, stated that the president should appear before the court “from day to day until the cause is tried, to give evidence on behalf of the accused persons and also to bring with you and produce at the time and aforesaid the purportedly forged document titled ‘presidential directive’ having on it the seal of the office of the president of the federal republic of Nigeria published on the front page of Leadership newspaper of 3rd day of April, 2013”. The journalists, through their lawyer Mr Falana are asking for an order of the court to suspend further proceedings in the matter indefinitely (sine die) to await the end of the term of President Jonathan to enable him to testify as a witness for the accused persons/applicants. Falana premised his motion on the grounds that the fundamental right of the accused persons to fair hearing cannot be observed by the trial court as their application for the issuance and service of subpoena ad testificandum on President Jonathan has not been granted by the court. NPAN wants FG to discontinue suit The Newspaper Proprietors’ Association of Nigeria (NPAN) has called on the federal government to stop forthwith the ongoing trial of two journalists with the LEADERSHIP Group and the newspaper, saying that it is inconsistent with the country’s democratic journey. The federal government had re-arraigned the LEADERSHIP editors, as well as the LEADERSHIP Group for an alleged forgery two months after it had withdrawn the case during this year’s Press Freedom Day. NPAN made the call yesterday, as part of recommendations of a communiqué issued at the end of its meeting held on Tuesday where it reminded the federal government that the press has an important constitutional role to play in our system of democracy, which includes holding it accountable at all times. Parts of the communiqué signed by NPAN president, Mr Nduka Obaigbena, reads in part, “The Freedom of Information Act signed into law by President Goodluck Jonathan himself is a signal to the nation and the world that he would run an open government anchored on a free press. “In the light of that, we also appeal to the Federal Government to stop forthwith the ongoing trial of the journalists of LEADERSHIP Group Limited, who were recently re-arraigned, after the same government had withdrawn the case against them and the company during the celebration of Press Freedom Day. Their continuing trial is inconsistent with the spirit of our collective democratic journey and unhelpful in the circumstances. “The government should realise that the press has an important constitutional role to play in our system of democracy, which includes holding it accountable at all times.” NPAN also expressed concern over what it termed, “a clandestine move to revive the moribund Press Council”, which it said, is usually an official tool to gag the press. “The NPAN particularly views with concern, the surreptitious move by these officials to bring back, through the back door, the Nigerian Press Council, which a court of competent jurisdiction had declared unconstitutional three years ago,” NPAN said. The association further called on the federal government to respect the judgment on The Press Council, and help deepen our democracy by encouraging the full and complete implementation of The Freedom of Information Act. Court Okays LEADERSHIP’s Application To Summon Jonathan By: Iorakpen Ishu-Josef, Chika Otuchikere on July 18, 2013 - 2:44am An Abuja high court in Kubwa has fixed July 23, 2013, for the hearing of an application by two LEADERSHIP journalists -- group news editor Mr Tony Amokeodo and senior correspondent Mr Chibuzo Ukaibe -- and their employer (LEADERSHIP Group Ltd) seeking to stay proceedings in the alleged forgery of a “presidential directives” bromide published in LEADERSHIP newspaper on April 3, 2013. Justice Usman Musale also ordered the prosecution to file its counter-response before the said date. In his brief ruling yesterday on whether or not the journalists’ application filed by their lead lawyer, Mr Femi Falana (SAN), was ripe for hearing, Justice Musale held that “the application having been filed and served on the prosecutor, Chief Adegboyega Awomolo (SAN), who has since indicated interest to oppose the application, he (Awomolo) has to be given that right to oppose”. The judge held further that failure to allow the prosecution right to oppose the said application will be a breach of fair hearing as envisaged by the constitution. The judge said, “The breach of right to fair hearing occurs when opportunity is denied to a party in court. For that reason, the motion is not ripe for hearing as the prosecution ought to be given time to respond to it. In the circumstance, time will be given for the motion to be heard on the merit. The motion shall be moved on July 23, 2013.” Justice Musale had this Monday issued a summons (subpoena ad testificandum) on the president and commander-in-chief of the armed forces of the Federal Republic of Nigeria, courtesy of Federal Ministry of Justice headquarters, Maitama, Abuja. The subpoena , which was sequel to the request of the lead lawyer to LEADERSHIP journalists, Mr. Femi Falana, stated that the president should appear before the court “from day to day until the cause is tried, to give evidence on behalf of the accused persons and also to bring with you and produce at the time and aforesaid the purportedly forged document titled ‘presidential directive’ having on it the seal of the office of the president of the federal republic of Nigeria published on the front page of Leadership newspaper of 3rd day of April, 2013”. The journalists, through their lawyer Mr Falana are asking for an order of the court to suspend further proceedings in the matter indefinitely (sine die) to await the end of the term of President Jonathan to enable him to testify as a witness for the accused persons/applicants. Falana premised his motion on the grounds that the fundamental right of the accused persons to fair hearing cannot be observed by the trial court as their application for the issuance and service of subpoena ad testificandum on President Jonathan has not been granted by the court. NPAN wants FG to discontinue suit The Newspaper Proprietors’ Association of Nigeria (NPAN) has called on the federal government to stop forthwith the ongoing trial of two journalists with the LEADERSHIP Group and the newspaper, saying that it is inconsistent with the country’s democratic journey. The federal government had re-arraigned the LEADERSHIP editors, as well as the LEADERSHIP Group for an alleged forgery two months after it had withdrawn the case during this year’s Press Freedom Day. NPAN made the call yesterday, as part of recommendations of a communiqué issued at the end of its meeting held on Tuesday where it reminded the federal government that the press has an important constitutional role to play in our system of democracy, which includes holding it accountable at all times. Parts of the communiqué signed by NPAN president, Mr Nduka Obaigbena, reads in part, “The Freedom of Information Act signed into law by President Goodluck Jonathan himself is a signal to the nation and the world that he would run an open government anchored on a free press. “In the light of that, we also appeal to the Federal Government to stop forthwith the ongoing trial of the journalists of LEADERSHIP Group Limited, who were recently re-arraigned, after the same government had withdrawn the case against them and the company during the celebration of Press Freedom Day. Their continuing trial is inconsistent with the spirit of our collective democratic journey and unhelpful in the circumstances. “The government should realise that the press has an important constitutional role to play in our system of democracy, which includes holding it accountable at all times.” NPAN also expressed concern over what it termed, “a clandestine move to revive the moribund Press Council”, which it said, is usually an official tool to gag the press. “The NPAN particularly views with concern, the surreptitious move by these officials to bring back, through the back door, the Nigerian Press Council, which a court of competent jurisdiction had declared unconstitutional three years ago,” NPAN said. The association further called on the federal government to respect the judgment on The Press Council, and help deepen our democracy by encouraging the full and complete implementation of The Freedom of Information Act.
Posted on: Thu, 18 Jul 2013 10:03:39 +0000
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