Victory For Leadership Journalists As Court Strikes Out Forgery Case

Leadership newspaper's Chibuzor Ukaibe, Femi Falana (SAN) Tony Amokeodo

Two journalists at the Abuja-based Leadership as well as the newspaper itself today breathed sighs of relief as a Federal High Court in Abuja discharged them on charges of an alleged conspiracy and forgery of an order issued by President Goodluck Jonathan.

The two journalists are Tony Amokeodo, the paper’s group news editor, and Chibuzor Ukaibe, a political correspondent. In an earlier six-count indictment, Nigerian prosecutors had alleged that the journalists as well as the paper had forged the bromide of a presidential order.

 Justice Adeniyi Ademola dismissed the case after the government prosecutors filed a notice to discontinue it.

Upon arraignment, the embattled journalists as well as their newspaper had entered pleas of not guilty.

The government’s notice to withdraw the case was filed by Adegboyega Awomolo. Earlier, the defendants’ attorney, Femi Falana, had argued that the court lacked jurisdiction. In buttressing his argument that the court lacked jurisdiction, Mr. Falana had noted that the alleged offences did not lead to any loss of revenue by the Federal Government. He contended that, since the six counts against the defendants pertained only to forgery, with no consequent loss of revenue by the government, the Federal High Court lacked jurisdiction to hear the case.

A Lagos-based lawyer explained that the government must demonstrate that it had lost revenue in order for the Federal High Court to acquire jurisdiction to hear the case filed against Leadership and two of its editorial staff.

The notice of the government’s withdrawal was read in court today. Dated 30th of April, 2013, it disclosed that “the Hon. Attorney-General of the federation intends that the criminal proceedings” against Mr. Amokeodo, Mr. Ukaibe, and Leadership newspaper “be discontinued and the 6-counts against them are hereby withdrawn.” The notice was signed by Mr. Awomolo on behalf of Nigeria’s Attorney General Mohammed Bello Adoke.

Following the development, Justice Ademola instantly struck out.

Mr. Falana praised the judge’s verdict.

A source at the Federal Ministry of Justice told SaharaReporters that the government had no plans to file further charges against the two journalists or the paper.

The defendants’ original arraignment took place on Tuesday, May 7, 2013. After the two journalists pleaded not guilty, the presiding judge granted them bail in the amount of N500,000 each. The bail conditions also required that each defendant have one surety.

A senior editor at Leadership described the court ruling as “a victory for press freedom and democratic culture.” He added, “I hope that the Federal Government has realized that the intimidation of the media is ill advised and would not work.”