Last Sunday, former military
President Ibrahim Babangida issued a press statement through his
press secretary, Mr. Kassim Afegbua. In the statement the former
military ruler was said to have advised President Mohammadu Buhari
not to participate in the 2019 presidential election. But in
his characteristic manner, General Babangida promptly disowned the
well publicised press statement and the views ascribed to him by
Mr. Afegbua.
Since this is not the first time
that General Babangida has disowned controversial statements made
by him Mr. Afegbua ought to have been more circumspect in issuing
this particular statement. However, notwithstanding that the
retired General has dissociated himself from the statement the
Inspector-General of Police, Mr. Ibrahim Idris has declared
Mr. Afegbua wanted for alleged “character defamation”. By declaring
Mr. Afegbua when he has not failed to honour the invitation of the
Police the Inspector-General of police has over reached himself. It
is undoubtedly that it is the Inspector General of police who has
defamed Mr. Afegbua by portraying him as a
fugitive from the law. Therefore, Mr. Idris is advised to
withdraw the offensive declaration without any further
delay.
Having regard to the facts and circumstances of the issuance of
the public statement by Mr. Afegbua and the denial by General
Babangida it ought to be pointed out that no criminal offence known
to law has been committed to warrant the action of the Inspector
General of Police. More so, that both General Babangida and
President Buhari have not complained that the
controversial press statement has defamed them. In fact, if
the statement is considered defamatory whoever is injured would
have to institute a civil suit where he will be required
to put his own reputation in issue. In Arthur Nwankwo v The
State (1985) 4 NCLR 228, the Court of Appeal had cautioned public
officers in Nigeria to desist from invoking undemocratic laws which
were introduced by the earstwhile British colonial regime to harass
or intimidate their political opponents. According to Olajide
Olatawura JCA (as he then was of blessed memory):
“The decision of the founding fathers of this present
Constitution which guarantees freedom of speech which must include
freedom to criticize should be praised and any attempt to derogate
from it except as provided in the Constitution must be resisted.
Those in public office should not be intolerant of criticism. Where
a writer exceeds the bounds there should be a resort to the law of
libel where the plaintiff must of necessity put his character and
reputation in issue.”
Since General Babangida has now
turned round to insist that he authorised Mr. Afegbua to issue the
controversial statement it is hoped that he will be prepared to say
so in a criminal court. His testimony will go a long way to destroy
the criminal case which the Inspector-General intends to institute
against Mr. Afegbua. However, the Inspector-general of Police
should be advised not to popularise the discredited views of both
Generals Olusegun Obasanjo and Ibrahim Babangida who failed
woefully to institutionalised democracy, rule of law, human rights,
self reliance and probity during the 20 years that both of them had
ruled the country.
Last Sunday, former military
President Ibrahim Babangida issued a press statement through his
press secretary, Mr. Kassim Afegbua. In the statement the former
military ruler was said to have advised President Mohammadu Buhari
not to participate in the 2019 presidential election. But in
his characteristic manner, General Babangida promptly disowned the
well publicised press statement and the views ascribed to him by
Mr. Afegbua.
Since this is not the first time
that General Babangida has disowned controversial statements made
by him Mr. Afegbua ought to have been more circumspect in issuing
this particular statement. However, notwithstanding that the
retired General has dissociated himself from the statement the
Inspector-General of Police, Mr. Ibrahim Idris has declared
Mr. Afegbua wanted for alleged “character defamation”. By declaring
Mr. Afegbua when he has not failed to honour the invitation of the
Police the Inspector-General of police has over reached himself. It
is undoubtedly that it is the Inspector General of police who has
defamed Mr. Afegbua by portraying him as a
fugitive from the law. Therefore, Mr. Idris is advised to
withdraw the offensive declaration without any further
delay.
Having regard to the facts and circumstances of the issuance of
the public statement by Mr. Afegbua and the denial by General
Babangida it ought to be pointed out that no criminal offence known
to law has been committed to warrant the action of the Inspector
General of Police. More so, that both General Babangida and
President Buhari have not complained that the
controversial press statement has defamed them. In fact, if
the statement is considered defamatory whoever is injured would
have to institute a civil suit where he will be required
to put his own reputation in issue. In Arthur Nwankwo v The
State (1985) 4 NCLR 228, the Court of Appeal had cautioned public
officers in Nigeria to desist from invoking undemocratic laws which
were introduced by the earstwhile British colonial regime to harass
or intimidate their political opponents. According to Olajide
Olatawura JCA (as he then was of blessed memory):
“The decision of the founding fathers of this present
Constitution which guarantees freedom of speech which must include
freedom to criticize should be praised and any attempt to derogate
from it except as provided in the Constitution must be resisted.
Those in public office should not be intolerant of criticism. Where
a writer exceeds the bounds there should be a resort to the law of
libel where the plaintiff must of necessity put his character and
reputation in issue.”
Since General Babangida has now
turned round to insist that he authorised Mr. Afegbua to issue the
controversial statement it is hoped that he will be prepared to say
so in a criminal court. His testimony will go a long way to destroy
the criminal case which the Inspector-General intends to institute
against Mr. Afegbua. However, the Inspector-general of Police
should be advised not to popularise the discredited views of both
Generals Olusegun Obasanjo and Ibrahim Babangida who failed
woefully to institutionalised democracy, rule of law, human rights,
self reliance and probity during the 20 years that both of them had
ruled the country.