Umar’s Threat To Jail Journalists

Sonnie Ekwowusi writes that respect is
reciprocal

Last week the Chairman of the Code of Conduct Tribunal (CCT)
Danladi Umar threatened journalists with 28 years imprisonment.
Umar accuses journalists of publishing the concocted and
discredited proceedings that transpired at CCT on March 18. Said
Umar, “I will not hesitate to bring the full weight of the law
heavily on the person…The journalist will languish there (prison)
and may remain there until I retire – that is about 28 years from
now…The person will be summarily sent to prison because that is
contempt….”

According to Umar, on Tuesday March 19, 2019 some Nigerian
newspapers published the following: “Onnoghen accuses FG of
mutilating his asset declaration form”, “Drama as Onnoghen accuses
FG of tampering with asset form”, “Onnoghen accuses FG of doctoring
asset declaration form”. Umar states that whereas Onnoghen’s
counsel, Adegboyega Awomolo, SAN only complained that Onnoghen’s
asset declaration forms were in loose form but the journalists
maliciously went ahead to report that the federal government
mutilated and tampered with the asset declaration form.

I have read and re-read the above reproach issued by Umar to
Nigerian journalists and the Nigerian press as a whole. There is no
doubt in my mind that any spoken word or act done inside or outside
of a court room or a newspaper publication of the proceedings of
the court which is intended or likely to prejudice a fair trial of
conduct of proceedings of a court or intended or likely to
interfere with or obstruct the fair administration of justice or
intended or likely to impugn the integrity of the court or judge is
punishable by imprisonment or fine as criminal contempt.
Additionally, a misquoting of court proceedings or a publication of
court proceedings which is calculated to affect or influence the
evidence which a witness may give in court is punishable as
contempt. Trial of judges through irresponsible newspaper
publication is capable of undermining the independence of the
judiciary. Small wonder Lord Hailsham once felt able to say, while
speaking at a banquet in London, that there are dangers in trial of
judges through irresponsible newspaper comments. Justice, he said,
is not a cloistered virtue, let there be some self-discipline, let
criticism be well informed, well researched and temperately
expressed. In Due Process of Law, Master of the Rolls Lord Denning
writes that judges in particular should be respected and honoured.
Once, Denning decried the case of a man who threw a rotten tomato
on a judge during a court session.

Having said this, the intimidating tone of Umar’s reproach is
unconscionable. The power to punish contempt is not a power to be
recklessly deployed to assuage the tyrannical and vindictive
feelings of a presiding judge. A judge should not intimidate,
harass, abuse and insult journalists before the court. Ever since
1859 Rev. Henry Townsend’s Iwe Irohin Yoruba (the first newspaper
in Nigeria) made its debut, the print media has effectively been
performing its traditional function as societal watchdog in Nigeria
to the best of its ability. Given its role in constitutional
democracy, the press is dubbed the Fourth Estate of the Realm,
after the legislature. In common parlance, the press is simply
referred to as the watchdog of the society. Therefore the press is
not a societal nuisance. Nigerian journalists come within the
purview of the law and their activities are governed by law. Judges
and tribunal chairs should learn to season their pronouncements in
open court with the ingredient of mortification. In the case of
Salami V Ifenekwe (1996) 5 NWLR (Part 450) at 564 at 586 Uwaifo JCA
(as he then was) and Musdafer JCA (as he then was) viva voce stated
that a court of law must be run in a solemn and dignified manner
because it is the temple of justice. No intimidation. No threats.
The court “is not a pandemonium from which insults” are hauled at
perceived enemies. A judge should keep his cool at all times. In
the words of Hon. Justice Kayode Eso, JSC (of blessed memory) “A
Judge should never be rude, as a result of, or over-sensitive to
remarks made even against him in court”. Lord Denning advised
judges to desist from talking too much in open court. Quoting Lord
Eldon L.C, Lord Denning said that truth is best discovered by
powerful short statements.

In any case, is chair Umar empowered by law to imprison
journalists for contempt as he threatened above? With the greatest
respect, he is only empowered to a certain extent. In the first
place, the CCT is an inferior court. It is not a superior record as
envisaged in section 6 (3) and (5)(a)-(i) of the 1999 Constitution
of Nigeria (as amended). The CCT is not included in sub-section 5
(a)-(i) of same constitution as one of the superior courts of
records in Nigeria. Inferior courts lack the jurisdiction to
convict for contempt. Therefore the CCT cannot convict for
contempt. But even if it can, it can only convict contempt that is
committed in facie curiae (in the face of the court). Contrary to
Umar’s threat, the CCT cannot convict for contempt committed
ex-facie curiae (outside the court room). In Chief Dibia v. Chief
Ezigwe (1998)9 NWLR (Pt.564) 78 the court held that contempt
committed ex facie curiae should be tried by another judge to avoid
the presiding judge becoming a judge in his own cause.

More importantly it is not every newspaper publication that is
contemptuous of the court. A publisher cannot be punished for
contempt unless the publication truly and really constitutes a
clear and present danger to the administration of justice. In
Daniel V Federal Republic of Nigeria (2013) LEPLR 22148 (CA) the
court held that a publication is incapable of interfering with the
administration of justice unless it is directly willed and directly
calculated to impede the administration of justice by swaying the
public opinion in a manner that is adverse to the justice system.
In Akinrinsola V. A.G. Anambra State (1980) 2NLR 17, the court
held“that a publication of a general comment on a matter, which is
related to a court proceeding presided over by a judge and without
any specific reference to the court trial, cannot be held to be
contemptuous of the court”. In Sunday Okoduwa & 6 Others v The
State (1986) 2 NWLR (Pt 76) 333 at 335 ratio 1.7, Nnamani, J.S.C.,
(of blessed memory) stated as follows: “It is not a contempt of
court to criticize the conduct of a Judge or the conduct of a court
even if such criticism is strongly worded provided that the
criticism is fair, temperate and made in good faith.”

In sum, judges and chairmen of tribunals must be respected and
honoured by journalists and all. However unguarded balderdash and
flippant conducts of a judge or a tribunal chair in an open court
or tribunal are capable of whittling down the respect and honour
due to a judge or a tribunal chair. After all respect is earned not
commanded or decreed. Certainly a judge or a tribunal chair who
relishes in abusing others cannot earn any respect. Respect is
reciprocal. Respect begets respect. Honour begets honour.

Estate Agent Arraigned for Selling Principal’s House
worth N20.5m

An Estate Agent, Mr. Raymond Ikhazuangbe, has been arraigned by
the Independent Corrupt Practices and Other Related Offences
Commission (ICPC) for allegedly selling a house kept in his care
for N20.5 million.

The Commission, in a 5-count charge before Justice Hassan
Babangida, of the High Court of the Federal Capital Territory,
Jabi, Abuja, accused Ikhazuangbe of dishonestly selling a property
located in Gwarinpa, Abuja, belonging to Mr. Philip Imoukhuede and
his wife, Christiana, to one Fatai Salawu, while claiming to be the
rightful owner.

Ikhazuangbe, who was entrusted to look for tenants for the house
by the owners turned around to sell the property by forging several
documents including: Irrevocable Power of Attorney, To Whom It May
Concern Letter of Authority, and Deed of Assignment, to convince
the buyer, Salawu.

ICPC noted that the offence contravenes Section 311 and is
punishable under Section 312 of the Penal Code Act, Cap 532 Laws of
the Federal Capital Territory, Nigeria.

One of the counts reads: “That you, Raymond Ikhazuangbe, about
the month of June 2012, in Abuja being entrusted with the property
known as House No. 19 Ameh Oboni Street, Gwarinpa Housing
Authority, Abuja, by the joint owners, Mr. Philip Olatunji
Imoukhuede and Mrs. Christiana Imoukhuede and in the clear breach
of the owners’ instructions to rent out the said house to tenants,
dishoneslty disposed of and/or sold the aforesaid house to Engr.
Fatai Salawu for the sum of N20.5 million and you thereby committed
an offence contrary to Section 311 and is punishable under Section
312 of the Penal Code Act, Cap 532 Laws of the Federal Capital
Territory, Nigeria.”

The accused pleaded not guilty when the charge was read to him.
His Counsel, Obiora Ilo, prayed the court to grant him bail in
liberal terms arguing that he was a first-time offender and would
not jeopardize investigations while on bail.

ICPC Lawyer, Dennis Idoko, who did not oppose the bail
application, however prayed the court to make sure that the terms
of bail were firm such that they would ensure that the defendant
appears in court for his trial.

Justice Babangida, while ruling on the bail application,
admitted the accused to bail in the sum of N10 million with a
surety in like sum. He said that the surety must be a civil servant
in the employment of the federal government not lower than Grade
Level 13 and must present evidence of his employment to the
court.

Signed: Mrs. Rasheedat A. Okoduwa, mni
Spokesperson for the Commission