GOVERNANCE

Tukur Buratai: Sahara Reporters, Subjudice And Concerns For Professional Abuses, By Femi Oyewale

<h4>Tukur Buratai<&sol;h4>&NewLine;<p><strong><a href&equals;"https&colon;&sol;&sol;openlife&period;ng&sol;">OpenLife Nigeria<&sol;a><&sol;strong> reproduces a piece by Comrade Femi Oyewale&comma; President&comma; National Association of Online Security Reporters&comma; NAOSRE and public affairs analyst&comma; who views Sahara Reporters’ series of unsubstantiated stories against former Chief of Army Staff&comma; General Tukur Buratai&comma; ret’d&comma; are sub judice&comma; given that the case is before a court of competent jurisdiction<br &sol;>&NewLine;There are growing concerns about what appears to be persistent and flagrant abuses of the law and theory of subjudice within the media space by Sahara Reporters&comma; an online media platform&period; In many climes&comma; subjudice is tied to the right to freedom of expression and that of the press&period;<&sol;p>&NewLine;<p>In Nigeria&comma; for instance&comma; Section 39 &lpar;1&rpar; of the constitution&comma; as altered&comma; provides that &OpenCurlyDoubleQuote;Every person shall be entitled to freedom of expression including freedom to hold opinions and to receive and impart ideas&comma; and information without interference&period; However&comma; Section 39 &lpar;3&rpar; provides that nothing in this section shall invalidate any reasonably justifiable law in a democratic society&comma; especially to maintain the authority and independence of courts&period;<br &sol;>&NewLine;In a simple explanation&comma; Subjudice&comma; as a legal principle&comma; emphasizes that to maintain the authority and independence of the Courts matters before the courts should be freed from comments likely to prejudice the determination of the case&period; Put differently&period; It means that when a legal matter has come under the jurisdiction of a court&comma; nobody&comma; including the press and other media&comma; should interfere by either publication or public comment&period;<br &sol;>&NewLine;This legal caution is the reason democratic enthusiasts and media professionals have expressed concerns over <a href&equals;"https&colon;&sol;&sol;www&period;vanguardngr&period;com&sol;">Sahara Reporters’ penchants for consistent mention of former Chief of Army Staff&comma; Lieutenant General Tukur Buratai<&sol;a>&comma; retd&comma; in its reportage&comma; especially in the mode of corruption and abuse of office allegations against the former Army boss&period; For instance&comma; around the middle of 2022&comma; General Tukur Buratai &lpar;retired&rpar; took publisher Omoyele Sowore before a High Court of the Federal Capital Territory over an allegation of false publication&period;<br &sol;>&NewLine;In his prayers&comma; Buratai sought N10 billion damages because&comma; according to him&comma; Sowore&comma; the publisher of Sahara Reporters&comma; a United States-based online medium&comma; linked him to a report that the anti-graft agency&comma; Independent Corrupt Practices and other related OffencesCommission&comma; found billions of currency notes in local and foreign denominations at an apartment in Abuja&period;<&sol;p>&NewLine;<p>According to Buratai in suit number FCT&sol;HC&sol;CV&sol;252&sol;2022 filed through his lawyer&comma; Dr Reuben Atabo&comma; SAN&comma; Sowore and his medium should be restrained from further publishing or caused to publish any defamatory publication against him&period; The senior advocate prayed the court for the following reliefs&colon;<&sol;p>&NewLine;<p><strong><em>A declaration that the defendant’s publication dated 23rd day of June 2022 with the caption &OpenCurlyDoubleQuote;EXCLUSIVE&colon; Anti-graft Agency&comma; ICPC Uncovers Billions in Cash Meant for Arms&comma; Ammunition To Fight Boko Haram In Abuja Home of the former Chief of Army Staff&comma; Buratai amounts to defamation of the Claimant’s character&comma; an order mandating the defendant to retract the said publication with a public apology which must be published in two national dailies and on the defendant’s online platform where the defamatory publication was made&period; An injunction restraining the defendant whether by themselves&comma; servants&comma; agents or otherwise&comma; from further publishing or causing to be published the said or similar words defamatory of the claimant&comma; damages in the sum of N10 billion being general and aggravated damages for libellous words falsely&comma; maliciously and recklessly published by the defendant of and concerning the claimant in the online publication&period;<&sol;em><&sol;strong><&sol;p>&NewLine;<p>However&comma; and curiously so&comma; Sahara Reporters&comma; in its recent publications&comma; does not seem to have adhered to this noble professional principle nor respect for rule of law&period;<br &sol;>&NewLine;On Thursday&comma; May 11&comma; in an article titled Ex-Army Chief&comma; Buratai Sues SaharaReporters for Exposing Recovery of Billions of Naira meant for Arms&comma; Ammunition in Abuja House and on Monday&comma; May 15&comma; in an article titled &OpenCurlyDoubleQuote;Amid Claims of Open Court Martial&comma; Nigerian Army Bars Journalists from Covering Trial of Maj&period; Gen&period; Mohammed&comma; Who Exposed How Buratai Used Army Property Firm to Obtain Saudi Citizenship&comma; Fund Wives’ Trips&period;&OpenCurlyDoubleQuote;<&sol;p>&NewLine;<p>Obviously&comma; these unfounded allegations and malicious reports&comma; are directly aimed at the reputation of Buratai&comma; stand within the bounds of unacceptable comments and reports given that the matter is before a court of competent jurisdiction&period;<br &sol;>&NewLine;Interestingly&comma; emerging testimonies from stakeholders debunk these growing negative reports against Buratai&period;<&sol;p>&NewLine;<p>For instance&comma; Brigadier General Onyeama Nwachukwu&comma; Director Army Public Relation lambasted Sahara Reporters over the obvious false narratives&period; In an official release by the army spokesperson titled&comma; &OpenCurlyDoubleQuote;Report On Ongoing Court-Martial Trial Of Major General Um Mohammed By Sahara Reporters Is A Campaign Of Calumny” the reports stated&colon;<&sol;p>&NewLine;<p><em><strong>&OpenCurlyDoubleQuote;The Army Headquarters has noted yet another ill-conceived report by Sahara Reporters on a sub-judice and ongoing Court Martial process of Major General UM Mohammed&comma; the erstwhile Group Managing Director &lpar;GMD&rpar; Nigerian Army Properties Limited &lpar;NAPL&rpar;&comma; who was indicted by a military police investigation and recommended for trial&period;<&sol;strong><&sol;em><&sol;p>&NewLine;<p><em><strong> It is expedient to clear the air on the despicably false report and calculated attempt to cast aspersion on the ongoing Court Martial&comma; which has already progressed to an advanced stage&comma; as the prosecution has put forward the evidence against General Mohammed and closed its case&period; <&sol;strong><&sol;em><&sol;p>&NewLine;<p><em><strong>The accused senior officer has opened his defence and is testifying as Defence Witness One &lpar;DW1&rpar;&period; For the avoidance of doubts&comma; without being sub-judicial&comma; the former GMD NAPL is facing trial in relation to alleged offences of theft of various sums of money belonging to NAPL and forgery&period; These are all acts declared as offences punishable under the provisions of various extant penal Laws in Nigeria&period;”<&sol;strong><&sol;em><br &sol;>&NewLine;Also&comma; only recently&comma; the Minister of Defence&comma; Major General Bashir Salihi Magashi&comma; &lpar;retired&rpar;and Vice president- Elect&comma; Senator Kashim Shettima&comma; applauded former Chief of Army Staff&comma; Lieutenant General Tukur Yusuff Buratai for putting his life on the line to ensure the indivisibility of Nigeria&period; Magashi stated this in a message at the public presentation and launch of three books in honour of Buratai&period; The books&comma; titled&colon; <em><strong>&OpenCurlyDoubleQuote;Duty Call under Buratai’s Command&comma;” &OpenCurlyDoubleQuote;Walking the War Front with Lt Gen TY Buratai” and the &OpenCurlyDoubleQuote;Lonely Grave&comma;”<&sol;strong> <&sol;em>were authored by Jibril Baba Ndace of the Blueprint Newspaper&period;<&sol;p>&NewLine;<p>The Minister of Defence who was a special guest of honour represented by his Special Adviser&comma; Technical&comma; Major General AT Jibrin &lpar;rtd&rpar; commended the author for a job well accomplished&period; He further acknowledged the immense contributions of General Buratai&comma; retd to the stability of the nation’s polity and his giant strides in repositioning the Nigerian Army&comma; stressing that his positive chapter in Nigeria history nis assured&period;<br &sol;>&NewLine;The Vice president- Elect Senator Kashim Shettima represented by Senator Ibrahim Hassan Hadejia&comma; the Chief of Defence Staff&comma; General Lucky Leo Irabor and the Chairman and Chief Executive Officer of the Blueprint Newspapers Alhaji Mohammed Idris Malagi also acknowledged Buratai as a gallant defender of the indivisibility of Nigeria&period;<br &sol;>&NewLine;Similarly&comma; fresh reports have disclosed that Major General UM Mohammed&comma; a former Director&comma; Nigerian Army Properties Limited&comma; is facing a military court martial over allegations of collecting several billions of naira from serving and retired officers for post-retirement houses but which could not be found&period; This was reported in the Sunday edition of Vanguard newspaper&period;<br &sol;>&NewLine;According to the report&comma; a senior officer who spoke to on the development said&colon;<&sol;p>&NewLine;<p><em><strong>&OpenCurlyDoubleQuote;He is also being detained because he cannot account for the billions of Naira collected as proceeds from the sale of NA Properties and lands across the country&period; &OpenCurlyDoubleQuote;To cover his evil machinations&comma; he is claiming the funds were spent based on directives&period; But he had worked with several other Chiefs of Army Staff had committed other infractions before this final fraud and I can tell you authoritatively that he tried severally including recruiting many Emirs to beg the Army authorities to stop the court martial without success&period; This led to the present COAS decision to court martial him&period; All his mates have retired but since he is facing the court he cannot be retired until judgment is delivered&period;”<&sol;strong><&sol;em><br &sol;>&NewLine;These insider revelations clinically debunk the sustained reports by Sahara Reporters which have been variously interpreted to be prejudicial and a glaring fact that the medium is pained and out on mischief&period;<&sol;p>&NewLine;<p>Therefore&comma; it is about time those sponsoring these malicious reports stop and Sahara Reporters should thread the path of honour and rule of law by being forthright and honest in its reporting&period; They should eschew the camping of calumny against the former Army Chief&period;<&sol;p>&NewLine;

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