Nigeria and trial by media syndrome
Last
Wednesday, precisely on June 1, 2016, I was among the resource persons at a roundtable
organised for judicial correspondents of Nigerian media. The event held at
Rockview Hotel, Abuja was put together by a non-governmental organisation known
as Law, Media and Social Justice Development Initiative. The themes of the
roundtable were “Reporting Court Proceedings by the Media: Uses and Abuses” and
“Justice Development in FCT Judiciary.” Among the dignitaries that graced the occasion
were Hon. Justice Ishaq U. Bello who is the Chief Judge of the Federal Capital Territory
High Court (he came in company of five other justices of the FCT High Court),
Mr. Waheed Odusile, who is the National President of Nigeria Union of
Journalists, Prof. Paul Idornigie, SAN, Chief J. K Gadzama, SAN and Barrister
Charles Odenigbo who was the Chief Host. There were five papers presented. I
spoke on the topic “Trial by Media: Understanding Implications through Case
Studies”
In
my presentation I defined the media as well as did an overview of legal
framework for media practice in Nigeria before going to discuss the main issue.
According to Wikipedia, “Trial by media
is a phrase popular in the late 20th century and early 21st century to describe
the impact of television and newspaper coverage on a person's reputation by
creating a widespread perception of guilt or innocence before, or after, a
verdict in a court of law.” The problem with this syndrome or phenomenon
according to Ugur Nedim, a lawyer, is that it is a collision between the right to
a fair trial on one hand and freedom of speech and public interest (including
‘open justice’) on the other. While the public has a right to know if
politicians are involved in less than ethical behaviour, there comes a point
where excessive media coverage could impact on a fair trial. Finding this
balance often proves elusive.”
To
buttress the negative impact of this practice of trial by media, I cited an opinion article published in 2012 by Urvashi Singh of Singh Associates, India who
said “Media has now reincarnated itself
into a ‘public court’ …and has started interfering into court proceedings so
much so that it pronounces its own verdict even before the court does. It
completely overlooks the vital gap between an accused and a convict keeping at
stake the golden principles of ‘presumption of innocence until proven guilty’
and ‘guilt beyond reasonable doubt’. A school of thought believes that trial by
media is a contempt of court. They opined that it is tantamount to scandalising,
prejudicing trial, and hindering the administration of justice. This phenomenon
is not peculiar to Nigeria, it is a global challenge.
In
trying to discuss how this syndrome plays out in Nigeria, I quoted Nigerian Tribune
editorial published on March 16, 2016 entitled “Corruption and trial by the
media.” The newspaper, which is the
oldest surviving print medium in Nigeria having been established by the late
sage, Chief Obafemi Awolowo in 1949, opined
that “Between the anti-corruption
agencies and the media, there appears to be a symbiotic alliance which ensures
that, rather than in the law courts where the prosecution and the accused go
through the rigour of marshaling evidences for and against conviction,
conviction is not only ten-a-dime on the airwaves and on the pages of
newspapers, it is offered in a
peremptory, at-the-drop-of-a-hat manner which should bother society.”
The
editorial went further to state that “These days, there is a predictable
pattern to the media conviction of accused persons: media organisations are
given the minutest details of allegations against the accused a few days before
their arrest, the accused are subsequently arrested and, almost immediately, likely
charges fly about in the media. The circus is in turn enlivened on the day of
the arraignment through a hyped feast on the case by a multiplicity of Nigerian
media organisations that are thirsty for ‘exclusive’ stories.”
Some
of the instances trial by the media or prosecution via ‘court of public
opinion’ had been perpetrated are mostly in corruption cases. These include
trial of Bank Chief Executives such as Cecila Ibru, Erastus Akingbola, Francis
Atuche, in 2009. The Femi Otedola versus Faruk Lawan fuel subsidy probe saga;
trial of immediate past National Security Adviser, Sambo Dasuki and beneficiary
of largesse under him especially PDP chieftains and military high command
including ex-Chief of Defence Staff, Alex Badeh and several military top shots. There is also the case with the current trial
of Senate President, Bukola Saraki at the Code of Conduct Tribunal. It is
noteworthy that trial by media also takes place in murder cases as well as any
other matters involving high profile individuals especially politically exposed
persons.
How
is this trial conducted? There are
several ways media practitioners do this. It is done via editorial, news
report, features story, vox populi, opinions of columnists and
public affairs analysts. It is also done through the use of social media such as
blogging, tweeting, posts on Facebook, parade of suspects on camera and many
more. This trial by media exposes perpetrators to libel suits as it is in most
cases defamation of character or character assassination of the accused. It is
instructive to note that trial of accused persons in the ‘court of public
opinion’ is not rooted in law and as Hon. Justice Ishaq Bello pointed out at
the roundtable, the conclusions reached by the public most times will be at
variance with that of the legally constituted courts whose decisions will be
arrived at after considering the weight of evidence provided by the prosecution
team.
My
recommendations on the way forward include: The need for Nigerian
anti-corruption agencies, especially Economic and Financial Crimes Commission
to stop leaking vital evidences and
charges to media houses and learn to engage in diligent prosecution of
suspects; The need for our media practitioners to use appropriate language of
reportage in reporting cases of alleged corruption; Imperative of training and
retraining of Nigerian Journalists on how to report on judicial matters; Legal counsels should stop maligning judges
when they grant press interviews after court sessions; and lastly, media
regulatory agencies should be alive to their responsibilities by ensuring that
appropriate sanctions are meted to any media house indulging in trial by media.
Jide
is the Executive Director of OJA Development Consult.
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