GBTYO:
Thirty years ago, two Guardian newspaper journalists, Tunde Thompson and Nduka Iraboh, were jailed on July 4, 1984 by a military tribunal under Decree No 4 of 1984, promulgated by the Muhammadu Buhari administration. FRANCIS FAMOROTI, Head, Judiciary, highlights the issues in the case.

One of such repressive enactments was Decree No 4 of 1984 (Protection Against False Accusation) Decree under which two Guardian journalists, Tunde Thompson and Nduka Iraboh, were tried and convicted. The decree was made by the Gen. Muhammadu Buhari administration which at the time did not hide its disdain for the press. At the inception of his administration, Buhari made no pretentions of his hatred for the press and he backed up the threat with the promulgation of Decree No 4.

Surprisingly, on April 11, 1984, men of the defunct National Security Organisation (NSO) as the security agents were called then came for the journalists and arrested them.They were later taken before a military tribunal headed by Justice Olalere Ayinde and arraigned on charges of falsely accusing public officers of the Federal Government. This was sequel to the summons issued by the Special Military Tribunal.

The summons given to them on June 2, 1984 read: Form 2 Public Officers (Protection Against False Accusation) Decree No. 4 of 1984 summon to accused.

Specifically, under the Buhari regime, the government promulgated the notorious Decree 4 of 1984- Public Officers (Protection against False accusation) Decree 4 of 1984 under which Tunde Thompson and Nduka Irabor, both of The Guardian newspapers were charged before the tribunal.

Part of the charges reads: “That you, Tunde Thompson, being the Diplomatic correspondent of The Guardian newspapers and Guardian Newspapers Limited, being the publishers of Guardian newspapers, on or about the 31st day of March, 1984, at Rutam House, Isolo, Lagos, Nigeria, published a statement which was false in any material particular, to wit:

“11 foreign Missions to be closed” in The Guardian Newspapers edition of 31st March, 1984, published as volume 2 No. 288 and thereby committed an offence contrary to section 1(i) and punishable under section 8(i) of the Public Officers(Protection Against False accusation) Decree No. 4 of 1984.”

‘’That you Tunde Thompson and Nduka Iraboh of the Guardian Newspapers, Limited, Rutam House, Isolo between 31st day of March, 1984 and or about the 1st day of April, 1984 at Rutam House, Isolo in Lagos , did publish ‘’False statement contrary to section 1(1) of the Decree No 4 of 1984.

You are therefore summoned to appear before the Tribunal mentioned above sitting at Federal High Court on the 4th day of June at the hour of 9.a.m in the forenoon to answer the said complaint’’.

Also accused along with the men was their employer, Guardian Newspapers Limited. Under this Decree, the truth of the published story is not a defence.

The prosecutor in the case who signed the summons was the then Attorney General of the Federation, Chief Chike Offodile (SAN). The journalists and their newspaper were represented by legal luminary, Chief Rotimi Williams (SAN), who led a team of lawyers.

While the trial of the men lasted, the Guardian publisher, Mr Alex Ibru and other top directors of the company, namely, Mr. Lade Bonuola, Dr. Stanley Macebuh and Dr. Yemi Ogunbiyi, were always at the tribunal.

After two months’ of arguments and counter-arguments at the proceedings before the tribunal, the Chairman, Justice Ayinde on July 4, 1984, found the journalists guilty of the offence. The tribunal accordingly sentenced Thompson and Iraboh to one year each without option of fine while the Guardian newspapers was however, fined N50, 000. The verdict was a setback for journalism practice in the country as journalists and their media organisations’ engaged in censorships of the news items for fear of being sent to the goal under the repressive decree.

Immediately, a military coup ousted the Buhari/ Tunde Idiagbon regime, Gen. Ibrahim Babangida in nationwide broadcast abrogated Decree No 4 of 1984 and ordered the release of the jailed journalists.

He also assured that the media would enjoy a level-playing field in the pursuit of their constitutional role which enjoined them to hold the government accountable to the people in the society.

GBTYO:
[size=18pt]Rationale behind Decree 4[/size]

What was the motive of Decree No. 4? Why was such a dreadful law enacted? One possible reason was to stave off adverse criticism of the government, especially criticism that could suggest that Major General Buhari, the Head of State, or any member of his cabinet was corrupt. Buhari was aware of the rumour that spread when he came to power after toppling the government of President Shehu Shagari that he was corrupt just like the civilian politicians he had overthrown. It was alleged that he corruptly enriched himself when he was a state military governor and also knew about the disappearance of 2.8 billion naira in oil revenue allegedly missing when he was the federal minister for petroleum.

Buhari's awareness of the rumour and his concern about the effect of the rumour regarding the 2.8 billion naira oil money scandal, could be seen from his reference to the scandal during his first interview as Head of State. During that interview, Buhari robustly defended his dealings as .oil minister. He said that a section of the press was merely crying wolf over the issue, and reiterated that no money was lost.
He said: "If there was no judicial inquiry in 1979 when I was in the U.S. War College, I would have been brought up and lynched because someone said that 2.8 billion naira was missing in a place I was for three and a half years, and where I quarreled with friends and everybody because they thought there was so much money, but I refused them access to it. Somebody just got up one day and said money was missing. . . But every body wanted to believe we stole that money" {National Concord, 1984).

The Head of State certainly had little or no doubt that someone might insinuate in the press that he was corrupt, especially when memories were still fresh of press insinuation that former Head of State, General Murtala Muhammed was corrupt. In that instance, a university law lecturer who was also the editor-in-chief of a news magazine, accused the former Head of State of corruptly enriching himself prior to coming to power. Major General Buhari's concern that someone might make similar insinuation in the press about him, and/or members of the cabinet, became more apparent as the fleeing politicians he deposed from office alleged that the in-coming military rulers were as corrupt as the civilians they overthrew.

GBTYO:
[size=18pt]Decree 4 Convictions could NOT be appealed [/size]

The law also provided that offending journalists and publishers be tried by a military tribunal composed of three members of the armed forces and a serving or retired High Court judge. The tribunal's ruling could not be appealed in any court. Section 8 of the press law specified punishments for offenders, and provided for a prison term of up to two years without the option of a fine. In the case of news media corporations, the decree provided for a fine of not less than 10,000 naira (Ogbondah, 1986).

GBTYO:
[size=18pt]Public Officers (Protection Against False Accusation) Decree No. 4,1984[/size]


Drafted on March 29,1984, Decree No. 4 was the most dreaded, most repressive and the last press law enacted in Nigeria. It was promulgated during the military regime of Major General Buhari which did not take kindly to press criticisms.

The law was drafted to punish authors of false statements and reports that exposed the Buhari administration and or its officials to ridicule or contempt.
Section 1, sub-sections (i), (ii) and (iii) of the law - the most formidable section - provided that:
Any person who publishes in any form, whether written or otherwise, any message,rumour, report or statement, being a message, rumour, statement or report which is false in any material particular or which brings or is calculated to bring the Federal Military Government or the Government of a state or public officer to ridicule or disrepute, shall be guilty of an offence under this Decree.

Any station for wireless telegraphy which conveys or transmits any sound or visual message, rumour, report or statement, being a message, rumour, report or statement which is false in any material particular or which brings or is calculated to bring the Federal Government or the Government of a state or a public officer to ridicule or disrepute, shall be guilty of an offence under this Decree.

It shall be an offence under this Decree for a newspaper or wireless telegraphy station in Nigeria to publish or transmit any message, rumour, report or statement which is false in any material particular stating that any public officer has in any manner been engaged in corrupt practices or has in any manner comiptly enriched himself or any other person {Gazette, 1984).

Kolade354:
For the first time in the History of Nigeria General Muahamdu Buhari won in some states he has never win Before: Jos,Ilorin,Ondo,Kogi,Kwara,Oyo,Ogun andBenue................The Signigicance of this victory show Baba is Accepted and Nigerians have given him Second Chance to Redeem his image..............

WombRaiders:


No. The significance of this is that Nigerians have given legitimacy to a despotic sectional individual to lead them in the 21st century.

As far as I am concerned this is a classic case of Plebiscide on our democracy!

The ignorant Plebs have returned us to 1984 and unlike that era there is no IBB to rescue us from this illiterate bigot.

Enjoy your 4years

Kolade354:
Shut it boy.......If jonathan perform he would have easily win, it is you who cant judge based on performance but bigotry has beclouded your objectivity, Apc has released statement stating that any Media organization is free to cover the activities of the president elect................We ought to Condemn Ait for their Damaging Documentary on Buhari which was taken to far.

WombRaiders:


The Plebs voted mainly out of premodial sentiments in places like the north (religion and ethnicity)

The southwest plebs ignorantly believed every propaganda and lie and in most sections voted against Goodluck because they percieved his adminstration as Igbo.

Now that is what made the hebivore regurgitating change ruminating herdes vote that illiterate despot!