Rédaction Africa Links 24 with George Ogala
Published on 2024-02-23 10:21:07
Two journalists from Nigeria, Alfred Olufemi and Gidado Shuaib, were discharged and acquitted for the conviction of publishing a defamatory article against one Hillcrest Agro-Allied Industries Limited. The conviction, passed by the Kwara State High Court, was overturned in light of the faults in the police and trial magistrate’s ruling.
In 2018, a report was published in News Digest, an Abuja-based Nigerian newspaper, alleging that the staff of Hillcrest Agro-Allied Industries could be found smoking freely within the company premises, in violation of various laws and health regulations. The report led to the subsequent arrest and conviction of investigative journalist Alfred Olufemi and the newspaper’s editor, Gidado Shuaib, on charges of criminal conspiracy and defamation by a local magistrate’s court in February 2023.
In response to the conviction, the journalists immediately appealed, and a three-man panel at the state High Court reviewed the trial court’s judgement. The appeal was successful, and the conviction was overturned, with the judges issuing a verdict of discharge and acquittal for the journalists. Following the verdict, the journalists’ lawyer, Mr. AbdulSalam, described the decision of the court as a victory for his clients and Nigera’s freedom of the press.
The presiding judge of the appellate court criticized the police and the trial magistrate. They accused the police and the magistrate of conducting a shoddy and prejudicial investigation. The police investigation report used as the basis for the conviction was determined to have been issued before the accused were invited for questioning, while the evidence used against the journalists sharply contradicted their own defense and key witness.
Moreover, the presiding judges accused the trial magistrate of being overwhelmed by the prosecution’s evidence and of not considering the defense of the accused properly. They concluded that the elements of the alleged offense were not sufficiently proven by the prosecution, and the court described the trial’s findings as not well-founded.
Additionally, the judges cited the absence of Dr. Sarah Alade, the former acting Governor of the Central Bank of Nigeria, who was said to be defamed. The ownership of the company, Hillcrest Agro-Allied Industries, was found to be ambiguous, and the judges determined that prosecuting Dr. Alade for defamation, without establishing her ownership of the company, was not justified.
These cases of wrongful conviction and faulty trial processes underscore the importance of upholding journalistic freedom and fairness in legal proceedings. The successful appeal of Alfred Olufemi and Gidado Shuaib exemplifies the resilience of the Nigerian journalists in upholding their rights and fair legal outcomes.
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