News
Lazy Nigerian Journalists and the Principle of Sub Judice: Would Lai Mohammed Now Go to Jail?
A matter is said to be sub judice when a case is before a court or judge for determination. In other words, the matter is pending in a court, awaiting judgment.
The Honourable Minister of Information and Culture, Alhaji Lai Mohammed has rightly confirmed that there may be no known law that bars anyone, including parties to a suit or third parties from making public statements on cases pending in Nigerian courts.
Therefore, the culture of press freedom in Nigeria from time immemorial allows citizens either as parties or journalists to freely make comments or write stories respectively on pending cases unless there are express orders of court, restricting such comments or stories based either on the application to court by any of the parties or by the judge suo moto ( on his own will). Such orders are popularly known as ‘gag orders’.
It is usual to see and hear lawyers, especially Senior Advocates of Nigeria addressing the press immediately after court sessions, where they make comments on cases where they had immediately appeared as counsel.
The misuse of the principle of sub judice by journalists
The misapplication of the principle of sub judice has been an excuse by lazy journalists who do not have the commitment to conduct research or investigation and write stories on particular matters that are in court. They simply cite such matters as being sub judice , just because they are pending in court. That lame excuse is also, most times, adopted by parties to a suit.
It should be noted that the law courts are where the real news reside. In fact, the socioeconomic development of a country can be largely determined in the courts. That accounts for the social engineering function of law. Only superficial media organisations would avoid the courts as a place to authentic gather news.
The Statement of the CJN
It became very worrisome when a statement was some time in January, 2018 credited to His Lordship, the Chief Justice of Nigeria (CJN), the Hon. Justice Walter Onnoghen wherein he was quoted that commentators on live, pending cases could go to jail. With greatest respect to the most reverred CJN, if he did authorise that statement, then, that position cannot be correct as it is against our known and established legal culture in Nigeria.
Of course, yes! Anyone who disobeys an order of a judge restricting public comments on a live case could most certainly go to jail on the
grounds of contempt of court.
If the statement credited to the CJN is to be taken seriously then Lai Mohammed should be prepared to face contempt proceedings and possibly be sent to jail for recently making controversial public statements on live criminal cases where the government that he legally represents is a party that is prosecuting Nigerians that are presumed to be innocent.
Would Lai Mohammed now go to jail?
Lai Mohammed recently held a press conference and published names of looters with attached amounts allegedly stolen by the persons he listed in spite of the fact that these said persons are currently facing trials in Nigerian courts on those same allegations. Nothing could be more flagrant and dismissive of the CJN’s warnings regarding making comments on live cases and risking going to jail.
Yet, Lai Mohammed is in order for there is no known order that bars him from publishing such a statement on looters. It is both an excercise of his constitutional duties under Section 24 and 148 and, his constitutional right under Section 39 , all contained in the Constitution of the Federal Republic of Nigeria, 1999 (as altered )
The most highly respected CJN should therefore exercise his enormous powers by making practice directions regarding public commentary on pending or live cases in order to add Nigeria to the number of few juridictions in the world which regulate comments on on-going cases by parties and third parties.
Let the Public Commentary Continue Where there is no Gag Order
Come to think of it? Nigeria, doesn’t need a regime of gag orders. Let everything, including pending cases be talked and written about freely. In a country where corruption largely operates as the public order why would for example, parties to cases of corruption prevent public statements to be made simply because they are involved in a pending case. That is an undemocratic culture. Let there be constact public discourses by everyone, even by parties to a suit provided they do nother dispar age the court. Why should a trained judge be swayed in his judgments by statements made in public regarding a case pending before him?
The crux of this writing is the angst flowing from a Nigerian press that has become incipient of listlessness, striving to be both politically and commercially correct at the expense of a journalistic duty contained in Section 22 of the Constitution of Nigeria which imposes the duty to uphold truth at all times and expose public and,nprivate corruption.
Journalists and media houses in Nigeria are now largely in short of courageous men and women who are committed to bold and factual journalism that transforms a people and country. Many of them are driven by bare necessities hence, they would clutch feverishly on the excuse that a matter is sub judice and therefore turn themselves to perpetual reporters of second hand news which has become the norm in this age of the Internet.
Journalist our only hope for now
The press, media houses have the greatest responsibility of sustaining democracy and hope for a better life in Nigerian. Owners and practitioners in the media must realise that it is self-preservatory for individuals and as a nation to boldly report news dispassionately.
The value of the looking glass concept which would make a people and a country correct itself and make improvements can only be served by a courageous press.
Frank Tietie
Lawyer and Executive Director of Citizens Advocacy for Social & Economic Rights ( CASER ), writes from Abuja.
News
Badaru on Operational Tour of 82 Division, other Military Installations in Enugu and Imo States
The Honourable Minister of Defence H.E Mohammed Badaru Abubakar CON mni is currently in Enugu on operational tour of 82 Division of Nigerian Army and other military platforms in Enugu.
He was received on arrival by the General officer Commanding 82 Division of the Nigerian Army / Commander JTF SE of operation Udoka Major-General H.T Dada and other senior military officers.
The Minister is expected to meet with South East stakeholders on the way forward.
Details later…
Tinubu has granted full oversight responsibilities to Ministers of State over agencies under them amongst whom are Minister of State for Defence Dr. Bello Matawalle, Water Resources and Sanitation, Minister of State for Agriculture and others will henceforth enjoy full oversight responsibilities over such agencies.
President Bola Tinubu at FEC Meeting has approved that ministers of state be given full powers to supervise the agencies under them, the cable reported.
Until now, files pertaining to departments and agencies under their supervision were sent by their permanent secretaries to the senior ministers.
With the new dispensation, ministers of state can now grant all necessary administrative approvals on the governance process of these agencies and departments.
According to a source in the office of the head of service of the federation, “the president was not pleased with the prevailing governing framework in which ministers of states were just ministers in name”.
This, Tinubu reportedly said, led to the “underutilisation of the expertise and capabilities” of most ministers of state.
“The president believes ministers of state should have the right to make decisions and direct action within their areas of responsibility,” the official added.
According to the Cable report, the source said the idea, first mooted by Hadiza Bala Usman, special adviser to the President on policy coordination and head, central delivery coordination unit got an instant buy-in from the President.
With the new directive, the administration hopes “to unleash” the potential of all the ministers, the source added.
…It’s unprecedented to earn above minimum wage in Enugu- Labour
… We’ll commence implementation immediately- ALGON
Governor of Enugu State, Dr. Peter Mbah, has approved N80,000 minimum wage for the state’s work force, including local government workers, effective October 2024, noting a direct link between a motivated workforce and his administration’s vision of growing the state’s economy from $4.4bn to $30bn.
The new minimum wage covers all state employees, primary school teachers, and local government workers.
Organised labour has described the wage as unprecedented, as it was the first time that Enugu workers would be earning above the national minimum wage.
Mbah announced the new minimum wage on Thursday after a meeting with the Enugu State Minimum Wage Implementation Committee headed by the Head of Service, Kenneth Ugwu and labour leaders, including the state’s labour leaders.
Mbah said, “Few weeks ago, I inaugurated a committee with the responsibility to oversee the implementation of the New National Minimum Wage in Enugu State. Today, I’m happy to announce a new minimum wage for workers in Enugu State, reflecting our fidelity to their welfare, in regard of which we have been resolutely committed.
“We have approved the sum of N80,000 as the new minimum wage in Enugu State. This underscores our commitment to bequeathing lasting legacies of improved living conditions.
“Our commitment to improved workers’ welfare runs deep, and is rooted in the firm understanding of the inextricable link between an inspired workforce and the audacious economic targets we had set our sights on.
“We clearly understood that reducing poverty to the barest minimum and achieving an unprecedented economic growth target were contingent on the output of the workforce. Therefore, for us, the best way to acknowledge that labour creates wealth is by ensuring that the workforce, which creates the wealth that oils the wheel of government, is sufficiently motivated.
“We have similarly demonstrated our commitment to workers welfare through the consistent payment of the wage awards, a gesture we had pledged to sustain until a new wage structure took effect.”
Speaking, the Chairman of the Enugu State chapter of the Nigeria Labour Congress, NLC, Comrade Fabian Nwigbo, thanked governor Mbah for always prioritising the welfare of workers, describing the new minimum wage as “a great one for Enugu workers.”
“In the past, when minimum wage is announced, it takes up to one or two years for anything to happen; and when it did, we took anything they gave us as we saw it. But today, you have even given us something much higher than national minimum wage.
“But I am not totally surprised because when other governors were paying N12,000 wage award, you were paying us N25,000. When others paid for some months and stopped, you continued paying it until the new minium wage as you promised. So, we have enjoyed wage award for 11 months and today you announced the minimum wage which is the first of its kind since my 32 years in service,” said.
Speaking to Government House correspondents, the Chairman of the Enugu State chapter of the Trade Union Congress, TUC, Comrade Ben Asogwa, said, “We are so happy. The governor did not just announce ₦80,000 minium wage, but said that it cascades down to even local government workers. He said that he does not want disparity in salary implementation in Enugu State anymore because we all go to the same market.
“This is the first time in history we are seeing the implementation of minimum wage above the approved amount by the federal government. Actually, when we entered into the negotiation, we were afraid because we know quite well that we are not among the states that share in dividends of oil money. We know quite well that we are at the back when it comes to federal allocation, but His Excellency actually surprised us.
“One thing we have seen is that he understands the impact of motivation on productivity. The governor has set a pace and we know that any other person coming after him will have the challenge to meet up with the target set by His Excellency, Governor Peter Mbah.”
On his part, Chairman of the Association of Local Government Workers, ALGON, Enugu State, Hon. Okechukwu Edeh, pledged the commitment of council chairmen to implementing the new minimum wage.
“When you motivate workers, they become more productive. What I am promising on behalf of the Enugu ALGON family is that we are going to cascade the new minimum wage to the local government level. Implementation begins immediately,” he said.
Badaru on Operational Tour of 82 Division, other Military Installations in Enugu and Imo States
Boost for Nigeria’s Oil Production, As NNPC’s Utapate Crude Grade Hits Global Oil Market
Defence Minister in S’Arabia to Discuss Counter-Terrorism
LASG Acquires New Outboard Engines For Optimum Boat Performance
Elon Musk builds Hotel in Mars, Sets to launch soon at $5million per night – Photos
We Do Not Accept Refugee Application Directly From People – Canadian Govt.
-
Spotlight3 days agoConcerned citizens appeal to Gov Sanwo-Olu, Dangote Foundation, Banks, MTN Foundation, NNPC, others to assist journalist for brain surgery
-
Politics3 days ago
President Tinubu Restructures Media and Communications Team
-
Travel2 days ago
Defence Minister in S’Arabia to Discuss Counter-Terrorism
-
GRPolitics3 days ago
With Commitment, Resilience We’ll Defeat Banditry and Terrorism – Badaru
-
News18 hours ago
Badaru on Operational Tour of 82 Division, other Military Installations in Enugu and Imo States
-
Energy24 hours ago
Boost for Nigeria’s Oil Production, As NNPC’s Utapate Crude Grade Hits Global Oil Market
