Tunde Oyesina, in this article, recalls the harassment of a journalist by an Abuja Chief Magistrate and posits that all organs of the society should strive at working towards the goal of making Nigeria a place where human rights and dignity are protected.

In every developed nation, the press and the judiciary are always seen as partners in progress. This is because these two organs by the nature of their responsibilities and obligations are meant to be the last hope of the oppressed and the common man.

The judicature is provided for by chapter VII of the 1999 Constitution of the Federal Republic of Nigeria, it further provided for the establishment of different courts such as the Supreme Court, Court of Appeal, Federal High Court, Magistrate Court, Sharia Court, and Customary Court among others.

The primary purpose for establishing all these courts is mainly to interprete our laws so that justice and equity would take its toll on our society thereby enhancing the growth of our nation, particularly our nascent democracy. It is also meant to rid the nation of miscreants and law breakers.

The Press on the other hand, is popularly seen as the watch dog of the society and among their many obligations is to report proceedings in the court of law. This is in line with its Constitutional backing as provided for in Section 39(1) of the constitution.

The provision states that: “Every person shall be entitled to freedom of expression, including freedom to hold opinions and to receive and impart ideas and information without interference”. By implication, a journalist is entitled to the receiving and dissemination of information without any “INTERFERENCE”.

The primary aim of the above provision in the opinion of some Constitutional lawyers is to enhance a sanitized society through the freedom of the press which could be achieved by timely and objective reporting of court proceedings adding that any interference in the carrying out of this all important obligation could bring about a lawless society.

Most Judges and Legal Practitioners view the relationship that should exist between judicial officers and the press as a SI-NE QUA NON (an essential condition or prerequisite)  to promoting justice, fairness and equity in our nation, hence, the Press is given appreciable freedom to carry out their obligation through attending and reporting court proceedings.

But to some, like Chief Magistrate Zainab Bashir of the Wuse Magistrate Court, Federal Capital Territory, Abuja, reverse was the case as she sees journalist as intruders who should take permission from her before covering court proceedings.

She demonstrated this on Monday, May 17, 2009 when she ordered all journalists present in court to cover an alleged scam of N7.5 billion fraud which involved one of the new generation bank. As if this was not enough, she went ahead to order the arrest of The Guardian reporter, Lemmy Ughegbe, placed him in the dock for summary trial, handcuffed him and ordered that he should be taken to the prison.

The News Agency of Nigeria (NAN) reported explicitly that: “Bashir was enraged by the presence of newsmen in her court, saying that:” I do not allow the press in my court, they are biased. Journalists who insist in covering proceedings here must obtain clearance.

The chief magistrate was reported to have said that “arrest that one. Yes! That big one in Ankara native wear, handcuff him and put him in the dock immediately for summary judgement.

“The reporter was arrested, docked and pronounced guilty of an alleged contempt without reading the charge”.

But for the timely intervention of some people in the court, Lemmy would have been whisked to Kuje prison for carrying out his constitutional duty of receiving and disseminating information for the purpose of keeping the public abreast of happenings around them.

The extremism on the part of the said magistrate has received different reactions from different quarters of the society.

The National Human Right Commission in a statement signed by his Assistant Director, Communications and Programme Officer, Freedom of Expression,Lambert Oparah and released in Abuja last week, frowned at this act.

According to the statement” The National Human Rights Commission condemns in very strong terms the inhuman and degrading treatment meted out to Mr. Lemmy Ughegbe, the Guardian reporter on Monday by the police orderly of Mrs. Zainab Bashir, a Chief Magistrate in the FCT.

“The Guardian reporter was handcuffed and pushed to the dock, threatened to be sent to Prison by the police orderly on the order of Magistrate Bashir over a disagreement on coverage of a case before her Court.

“The Commission views the attitude of the chief Magistrate as uncivilised, uncalled for, unacceptable and an infringement on the right of the journalists as guaranteed by the Constitution of the Federal Republic of Nigeria Section 22 and 39(i) of 1999 respectively.

“The action of the Magistrate is an assault and a fundamental breach of democratic norms. We condemn the renewed incidence of assault on media practitioners while carrying out their legitimate duties. It serves to remind us of the dark days of military impunity.

“We therefore call on the National Judicial Council (NJC) and relevant authorities to take appropriate action to redress this anomaly which appears to have portrayed the judiciary, the bastion of our democracy in the bad light.

“All persons and authorities must realize that the nation is now operating a constitutional democracy which guarantees the doctrine of separation of powers and recognizes the role of the press at the Fourth Estate of the Realm. Freedom of expression including the freedom to hold opinions, as well as receive and impart ideas and information without interference. It is a fundamental right guaranteed under the Constitution of the Federal Republic of Nigeria, 1999, the Universal Declaration of Human Rights (UDHR), the African Charter on Human and Peoples Rights (ACHPR) and other instruments which Nigeria is a party.”

A Senior Advocate of Nigeria, (SAN) who prefers anonymity while reacting to the issue said that” If journalists can be allowed to cover proceedings at the Supreme Court, Court of Appeal and High Court without taking permission from the judge, how could a magistrate insist that they should obtain permission before carrying out their legal obligation. If judges could accommodate them, how much more a magistrate”.

Probably, we should pause to remind Mrs Bashir that court room is a public place and that no law bars journalist from entering to cover proceedings and at the same time no statute provides that permission should be taken before covering court proceedings.

Justice Ishaq Bello of the FCT High Court once emphasized while presiding on Ogbulafor’s case that justice must not only be done but it must be seen to have been done. This statement came up when a learned silk moved a motion that the judge should order non-lawyers who are mostly reporters to stand up for lawyers to sit down.

This act of the magistrate can portray our judicial system in a bad light before the outside world and if not promptly corrected, it can hinder the growth of our nascent democracy.

It is therefore pertinent for all authorities concerned to take appropriate action. The National Judicial Commission (NJC) and the Judicial Service Commission(JSC) should bring an heavy sanction on the magistrate for the dehumanizing treatment meted on the reporter.

NJC has been known for its “no nonsense” character. Recently the commission ordered the compulsory retirement of Justice Shall of the Bauchi State judiciary, who fought on the street and attempt to lock up his victim inside the boot of his car.

It should be noted that Nigeria is a country that is governed by laws and such laws are supreme in that nobody irrespective of status or the position should be above the law. The law should always take its toll on whoever breaches it.

If this is not so, the rights of the masses would easily be trodden upon, hence, infringing on their basic fundamental rights as enshrined in Chapter IV of the 1999 Constitution.
All organs of the society should strive at working towards the goal of making our country a place where human rights and dignity are protected; where justice is not only enforced, but rather seen to have been enforced.

One of the ways to do this is to create harmonious relationship with the press and other agencies or organs that are saddled with one responsibility or the other. Nigeria should not be seen as a field where the game of witch haunting is played but rather where justice, fairness and objectivity is practiced thereby protecting the rights of the masses.