Court bars Yar’Adua from suing for defamation
Headli1nes Jun 20, 2009

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A Federal Capital Territory (FCT) High Court Thursday barred President Umaru Yar’Adua from suing till he leaves office.

The court gave the ruling while sitting in an appellate capacity in a criminal defamation suit instituted against the Leadership Newspapers Group by the President.

The court adjourned the case indefinitely until the President would no longer enjoy the immunity of his office. The newspaper had, in one of its weekend titles of November 8, 2008, reported that the President was ill.

The President, however, slammed a five-count charge against the Chairman/Editor- in-Chief, Sam Nda-Isaiah; Abdul-Razaq Bello (Editor, Daily), Lara Olugbemi (Weekend Editor) and Simon Imobo-Tswam (reporter), before a Chief Magistrate Court, Abuja.

According to the First Information Report (FIR), the accused allegedly conspired to indulge in illegal act, defamation of character, injurious falsehood, painting or engraving matter known to be defamatory and sales of painted or engraved materials containing defamatory matters.

The Director of Public Prosecution (DPP), Salihu Aliyu said the offences are punishable under Sections 79, 392, 393, 394 and 395 of the Penal Code Cap 532 Laws of the Federation.

Protests from the company that the President cannot sue while still in office was thrown out by the court, hence the appeal.

However, a two_member panel of the appellate court, led by Justice Abubakar Talba, yesterday ruled that the Chief Magistrate, Sunday Ochimana, erred in law when he refused to adjourn the case sine die, even when it was obvious that there is an infringement on the rights of the accused persons as enshrined in section 36 (5) and (6) of the 1999 Constitution.

Allowing the appeal, he set aside the ruling of the chief magistrate.
Justice Talba, who read the ruling, said it is the duty of the court when interpreting the constitution to adopt a literal interpretation; they must be read in their best and ordinary meaning.

‘’Section 308 of the 1999 Constitution has undergone intense scrutiny by superior courts in the country and from the word used by the framers of S. 308, it is clear that that it is intended to confer absolute immunity without barring them from enforcing their fundamental human rights,” he added.

He cited the cases of Tinubu V. IMB Securities, in the Court of Appeal and Mediatech V. Lam Adesina, where the court held that the respondent was shielded from prosecution.
By the provision of Section 308 of the 1999 Constitution, the court held that the President is not compellable as a witness and cannot waive the immunity conferred on him.
It further held that the constitution had debarred the accused persons of their fundamental rights as contained in S. 36 of the constitution, as they are incapacitated in calling the President as a witness.
‘’By virtue of S. 36 [D] of the constitution, an accused person has the right to call all witnesses. The same person do not specify from which angle the witness should come from. Now that the Accused cannot secure that the issue of fair hearing comes into play’.
Justice Talba said: ‘’We cannot but agree that the Chief Magistrate erred in law when he ruled otherwise, especially concerning the provision of S. 36 of the constitution of the Federal Republic of Nigeria. The Chief Magistrate was wrong when he refused to adjourn the case sine die.
‘’There is merit in this appeal and the ruling of the chief magistrate is set aside. This case is set aside sine_die”.
7 Responses for “Court bars Yar’Adua from suing for defamation”

1.
Vita in Diaspora says:
June 20, 2009 at 12:25 pm

Haa! haaaa!!!!! Oga Yaraslow doesn`t want peope to publish negative reports about him! He has the “stupid” constitution on his side, protecting him from prosecution, even if it is proven to goats and fowls that he is corrupt. He wants the same constitution to even stop people from publishing anything negative (whether true or false) about him. Haba, oga President, even Almighty God does not award himself al these “rights and priviledges”.
Somebody should tell him that though we may not have the right to prosecute him for crimes while he is still in office, but we have the right to report any crimes while waiting for the day he leaves that office. Then we can take him on.
Left for me, I would say to hell with this “immunity while in office”. Let any bastard who is caught stealing our common wealth be hanged straight away. Then sanity will return to this country.
Oga Yaraslow, leave journalists (online or otherwise) alone and do your work. Nobody will abuse you if you are doing what a competent President should be doing. If anybody does that, the masses and your visible work will defend you. Why are journalists not “abusing” Gov. Babatunde Fashola of Lagos State. His works speak for him. Any attempt to discredit/malign him will be like an ant attempting to bite an elephant.
Do your job as the President, and if you are, for one reason or the other, incapable of doing it, please resign now for the sake of the good of Nigeria. We are dying - SLOOOOOOWLY.
2.
Junior Joe says:
June 20, 2009 at 12:07 pm

Mr Rule of Law is a clown in presidential clothing. I salute the leaders of leadership newspapers.
3.
Busuyi O says:
June 20, 2009 at 11:46 am

What a shame to Mr. Yar’slower?! How can he not know that he cant sue anybody as long as it involves himself directly? Besides, what is in misinformation that our visionless president is sueing for? CNN do make mistakes and each time they openly apologize for same and nobody has gone to hell to offer them to gods. For mr. president to have gone to the extent of sueing journalist for a news that is probably true has proved that our president is visionless and ignorant of the world he lives in. Cut the tactless 7points agenda to 2 and see if the remaining yrs in office can actually do something. Power is all we ask for but for the ND, do something to stop the criminality.
4.
Newdawn says:
June 20, 2009 at 10:12 am

Excellent! I think Mr President needs all his energies to focus in his reduced point agenda (if he agrees to stop chasing shadows and focus on power and Niger Delta)

It is very ridiculous for the President to be pursuing journalists while the country goes down the drain under his watch.

His best bet is to tighten his information machinery which is in shambles, and focus on the work at hand. He needs professionals in his media team, not journalists
5.
Jimmy says:
June 20, 2009 at 9:56 am

Yar’Adua Made A Fool Of Himself Before The Court

Constitutional immunity from prosecution is a coin that has two sides. If you cannot be sued for your personal offences while in office, you cannot sue anyone for offending you. At the end of the day a President or a Governor in office has no private life. He is a public property. The journalists are free to report about him and his activities for the interest of the country. But this is only subject to their discretion, self- censorship and consideration for security.

The fault in this case rest squarely on the overzealous police and security agents who want to be seen working. Within this is the present AGF who is corrupt from head to bottom. To divert attention from his track, he needs to please Yar’Adua regardless of the facts of the law, which he knows.

Our journalists are neither stupid nor insensitive to issues that border on security of the nation. The Judges cannot just bend every case like that of the presidential election because Yar’Adua is involved. Now he is been humiliated before the world on a case that should not have been taken to the Court.
6.
henry ,Baltimore ,MD says:
June 20, 2009 at 3:33 am

I LOVE THIS , WE NEED TO REMOVE THE IMMUINITY , LET CORRUPT LEADERS FACE EXECUTION SO THAT WE CAN SAVE NIGERIA.
7.
nebechi says:
June 20, 2009 at 2:18 am

GOOD.
BUT I WONDER WHAT THE IMUNITY IS DOING THERE. LET IT GO. IF THEY STEAL OUR MONEY, THE LAW WILL PROTECT THEM BECAUSE THEY ARE BUSY STEALING MORE.
OK. STILL GOOD

I just think Yaradua is clueless about governance. So Nigerian can't sue you b/c of the stupid immunity but you want to drag us to court. Rule of law indeed.

He wants to have it both ways

he wants to be in public life without being scrutinized like a public officer

I feel for Mr. President, and I don't blame him I blame those those who interpreted the law for him before going to court.

YAR A'LIAR refused to tell the truth about his HEALTH.  The magistrate is doing YAR A'DULL a favour NOT to hearing the case because it allows him to get away with not  having to answer YES or NO to whether he has BAD HEALTH which makes him UNFIT for the office.

Now the appeal court has now open window for the matter to go forward. The defence of the defendant (and generally to defamation) are that the defendant are telling the truth, and that the information is in interest of the general public.

The good health or otherwise of 'our' President or commander in chief is a matter of public interest. Why should we have someone to lead us who is unfit health wise may be physically, body ailment or mentally. Let him disclose his medical report to stop 'the rumours' once and for all.

You don't need to be a doctor to know that something is seriously wrong with YAR A'LIAR. He is too busy worrying about his health than the business of Nigerians which he was 'hired' to do.

I have asked this question before and I will ask it again,
IF Nigeria is YAR A'DO NOTHING father's business WILL HE HIRE SOMEONE LIKE HIMSELF TO RUN SUCH BUSINESS? The answer I am certainly sure will be a resounding NO.

I

feel for Mr. President, and I don't blame him I blame those those who interpreted the law for him before going to court.

Aandoaka or Anancoda the most corrupt AGF in living memory.

atura:

I feel for Mr. President, and I don't blame him I blame those those who interpreted the law for him before going to court.

he probably told them to interprete it that way

In a lot of countries around the world, it is a crime to slander the any public office, let alone the president unless of course you have proof of how factual your publication is.

In this case, Yar'Adua would not be the one suing, but rather a policy commissioner on behalf of the State. Obasanjo did something like this during his first tenure to one journalist who claimed the OBJ was making $1 million for every trip made abroad.

The burden of proof will now lie with these Leadership publishers and editors to present documentation showing Yar'Adua's ill health and treatment. However if the publishers can show any properly documented proof perhaps from the hospital which the president was treated, then they win and probably get compensated.

Lol at the cartoön. . .

So much for the rule of law, coming from some one who doesn't even understand the constitution himself.

Do we need any medical report to tell if this guy is fit or not? Are we blind?