#SAYNOTOBUHARI Decree 4: The trial, conviction of two Guardian journalists Thirty years ago, two Guardian newspaper journalists, Tunde Thompson and Nduka Iraboh, were jailed on July 4, 1984 by a military tribunal under Decree No 4 of 1984, promulgated by the Muhammadu Buhari administration. FRANCIS FAMOROTI, Head, Judiciary, highlights the issues in the case. Nigerian Journalists have not been known to enjoy civil liberties involving Press freedom and freedom of expression under the military regimes. Beginning from the Yakubu Gowon administration when the head of Minere Amakiri of the Bigerian Observer was shaved in the old Rivers State, the Murtala/Obasanjo regime that banned the late Chris Okolie’s Newbreed magazine, to the Buhari/ Babangida administrations, journalists and other media practitioners were placed under one form of repression or the other. Indeed, the memories of successive military regimes often evoked the era of the promulgation of obnoxious decrees and draconian laws made by the junta at the helms of the country’s affairs. One of such repressive enactments was Decree No 4 of 1984 (Protection Against False Accusation) Decree under which two Guardian journalists, Tunde Thompson and Nduka Iraboh, were tried and convicted. The decree was made by the Gen. Muhammadu Buhari administration which at the time did not hide its disdain for the press. At the inception of his administration, Buhari made no pretentions of his hatred for the press and he backed up the threat with the promulgation of Decree No 4. Section 1(1) of the decree states that ‘’ Any person who published in any form, whether written or otherwise any message, rumour, report or statement or report which is false in any material particular or which brings or is calculated to bring the Federal Military Government or the government of a state or a public officer to ridicule or disrepute shall be guilty of an offence under this Decree. Section 3(1) states ‘’in any prosecution for an offence under this decree, the burden of proving that the message, rumour, report or statement which is the subject matter of the charge is true in every material particular shall notwithstanding anything to the contrary in any enactment or rule of law lie or the person charged.’’ The Decree No 4 made it an offence for anyone to accuse a Public officer of the government of any wrong doing, even the allegation is true. Unfortunately, Thompson and Iraboh, who carried stories on diplomatic postings of certain Nigerian envoys, were caught in the web of the military law. The stories one of which had the headline: ‘’Haruna replaces Hannaniya’’ were not denied by Buhari regime neither was the newspaper asked to retract the publication. Surprisingly, on April 11, 1984, men of the defunct National Security Organisation (NSO) as the security agents were called then came for the journalists and arrested them.They were later taken before a military tribunal headed by Justice Olalere Ayinde and arraigned on charges of falsely accusing public officers of the Federal Government. This was sequel to the summons issued by the Special Military Tribunal. The summons given to them on June 2, 1984 read: Form 2 Public Officers (Protection Against False Accusation) Decree No. 4 of 1984 summon to accused. Specifically, under the Buhari regime, the government promulgated the notorious Decree 4 of 1984- Public Officers (Protection against False accusation) Decree 4 of 1984 under which Tunde Thompson and Nduka Irabor, both of The Guardian newspapers were charged before the tribunal. Part of the charges reads: “That you, Tunde Thompson, being the Diplomatic correspondent of The Guardian newspapers and Guardian Newspapers Limited, being the publishers of Guardian newspapers, on or about the 31st day of March, 1984, at Rutam House, Isolo, Lagos, Nigeria, published a statement which was false in any material particular, to wit: “11 foreign Missions to be closed” in The Guardian Newspapers edition of 31st March, 1984, published as volume 2 No. 288 and thereby committed an offence contrary to section 1(i) and punishable under section 8(i) of the Public Officers(Protection Against False accusation) Decree No. 4 of 1984.” ‘’That you Tunde Thompson and Nduka Iraboh of the Guardian Newspapers, Limited, Rutam House, Isolo between 31st day of March, 1984 and or about the 1st day of April, 1984 at Rutam House, Isolo in Lagos , did publish ‘’False statement contrary to section 1(1) of the Decree No 4 of 1984. You are therefore summoned to appear before the Tribunal mentioned above sittingat Federal High Court on the 4th day of June at the hour of 9.a.m in the forenoon to answer the said complaint’’. Also accused along with the men was their employer, Guardian Newspapers Limited. Under this Decree, the truth of the published story is not a defence. The prosecutor in the case who signed the summons was the then Attorney General of the Federation, Chief Chike Offodile (SAN). The journalists and their newspaper were represented by legal luminary, Chief Rotimi Williams (SAN), who led a team of lawyers. While the trial of the men lasted, the Guardian publisher, Mr Alex Ibru and other top directors of the company, namely, Mr. Lade Bonuola, Dr. Stanley Macebuh and Dr. Yemi Ogunbiyi, were always at the tribunal. After two months’ of arguments and counter-arguments at the proceedings before the tribunal, the Chairman, Justice Ayinde on July 4, 1984, found the journalists guilty of the offence. The tribunal accordingly sentenced Thompson and Iraboh to one year each without option of fine while the Guardian newspapers was however, fined N50, 000. The verdict was a setback for journalism practice in the country as journalists and their media organisations’ engaged in censorships of the news items for fear of being sent to the goal under the repressive decree. Immediately, a military coup ousted the Buhari/ Tunde Idiagbon regime, Gen. Ibrahim Babangida in nationwide broadcast abrogated Decree No 4 of 1984 and ordered the release of the jailed journalists. He also assured that the media would enjoy a level-playing field in the pursuit of their constitutional role which enjoined them to hold the government accountable to the people in the society.
Posted on: Sun, 11 Jan 2015 22:43:36 +0000
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