The repugnance of trial by the media

By  Mahmud Bello

A major newspaper of Sunday, June 19, 2016 contains an article wherein the Presidency, speaking through Garba Shehu, the Senior Special Assistant (SSA) to the President on Media and Publicity threatened to file an action against a lawyer, Mr. Nnamdi Nwokocha, for out of court comments he made in regards to the pending suit on President Muhammadu Buhari’s certificate in which Mr. Nwokocha is the plaintiff.

In the newspaper article, the SSA Media and Publicity faulted a recent interview Mr. Nwokocha granted to a national newspaper wherein he commented on the pending action and proclaimed his belief in his theory of liability. This drew the ire of the SSA who promptly issued the statement reported in the PUNCH Newspapers.  According to the SSA, it is “unfair” for plaintiff who is a litigant in a case pending in court to “hijack” the power of a judge by declaring the president guilty of what he is accused of on the pages of newspapers. The SSA went on to state that “Newspapers are not alternative courts where a party can declare anybody guilty of anything when the court has not formally given a definitive judgment on an issue before it”. He further stated that any person who believes in the judicial process and the rights of other parties to a case would not have engaged in what he called the “inappropriate and unprofessional practice of trial by media”. He finally warned that if Mr. Nwokocha did not stop his “unfair and professionally inappropriate abuse of free speech, the President’s lawyers would use the instrumentality of the law in dealing with his unethical actions”.

This, with respect, is an ironic twist of developments, especially coming from the SSA Media and Publicity who has been equally guilty of the same conduct of which he now complains.  It is a fact of indubitable notoriety that in the ongoing prosecution of persons in connection with the War against Corruption, the trial by media has been an indispensable tool employed by the prosecutorial agencies in affecting the public perception of these accused persons.  In fact, the SSA Media and Publicity himself, has championed this uncharitable and irresponsible regime of trial by media by heedlessly commenting on matters which are sub judice. Just recently, the SSA Media and Publicity meticulously bombarded the newspaper and internet media with proclamations of the “guilt” of the former Chief of Defense Staff, Air Chief Marshall Alex S. Badeh (Rtd) in a matter the trial of which is currently pending in court.  Conveniently, the SSA did not find this to be “inappropriate and unprofessional” practice.  Nor has he ever uttered a word condemning the uncharitable employment of the media by governmental agencies in conducting media trials of pending criminal  matters with its attendant consequences of potential deprivation individual liberty in the event of a conviction.  Now however, the SSA deems it prudent to cry foul at Mr. Nwokocha’s conduct because his interest has shifted to being on the receiving end of the same blows which he so mercilessly threw and directed at the former Chief of Defense Staff.  This is indeed ironic, and quite frankly disturbing.

The constitutional doctrine of the Right to Fair hearing is fundamental.  More so when the issue involves the trial of accused persons in a criminal matter.  The repugnance of trial by media should be consistently condemned by all and sundry, especially the SSA Media and Publicity, because of its potential ability to “hijack” matters which are pending before courts of competent jurisdiction.  This notion of selectively condemning extrajudicial comments only when it affects the interest we represent should be completely and unapologetically discouraged. Otherwise, what is good for the goose, should necessarily be good for the gander.

Mahmud Bello is of Arewa Rights Agenda(ARA)