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 Politics › Re: Decree 4 Was Promulgated In 1984 To Shield Buhari's Corrupt Past by GBTYO(op): 8:10am On Dec 15, 2014 |
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. 5 Likes 1 Share |
| Politics › Re: Decree 4 Was Promulgated In 1984 To Shield Buhari's Corrupt Past by GBTYO(op): 8:06am On Dec 15, 2014 |
OrlandoOwoh:And your attempt to derail this thread is pathetic. 3 Likes 1 Share |
| Politics › Re: Decree 4 Was Promulgated In 1984 To Shield Buhari's Corrupt Past by GBTYO(op): 8:02am On Dec 15, 2014 |
OrlandoOwoh:I know your problem. You lack common sense! |
| Politics › Re: Decree 4 Was Promulgated In 1984 To Shield Buhari's Corrupt Past by GBTYO(op): 8:02am On Dec 15, 2014 |
OrlandoOwoh:Why are you resorting to comparisons to defend your despotic general? Do you think that this will vindicate him for his past despotic decrees and ruling? You must be a Muslim. Because any time a muslim is confronted about their religion's affinity to violence you guys will resort to using Biblical verses of violence to absolve yourselves. What ever rubbish you can drum up against this current administration is out of line in defending your despotic general and as such I rule you out of order. 3 Likes 1 Share |
| Politics › Re: Decree 4 Was Promulgated In 1984 To Shield Buhari's Corrupt Past by GBTYO(op): 7:58am On Dec 15, 2014 |
Jazzlite:Ignorance on display 2 Likes |
| Politics › Re: Decree 4 Was Promulgated In 1984 To Shield Buhari's Corrupt Past by GBTYO(op): 7:57am On Dec 15, 2014 |
OrlandoOwoh:How foolish can you be? The Supreme Military Council headed by Abacha was the highest decision making body in the land. Buhari was not even considered for such membership as being a member meant being an active senior Military officer. Your Buhari was down the rung of administration which shows how low and desperate he was to have accepted an appointment under his junior and same military officer that was active in his booting out of Dondon Barracks. Your Buhari is a desperate man. 5 Likes 2 Shares |
| Politics › The Deceitful Speaker Who Claimed To Be Property by GBTYO(op): 7:52am On Dec 15, 2014 |
| Politics › Re: GEJ At The Notorious Camp Five Creek In 2007 To Plead With The Millitants by GBTYO: 7:47am On Dec 15, 2014 |
Safari29:Back to sender |
| Politics › Re: Decree 4 Was Promulgated In 1984 To Shield Buhari's Corrupt Past by GBTYO(op): 7:44am On Dec 15, 2014 |
OrlandoOwoh:And only a special military tribunal can determine the authenticity of whatever information is published. Are you people this daft? 5 Likes 3 Shares |
| Politics › Re: Why I Believe In The “people’s General” - My Visit To Gmb's House by GBTYO: 7:42am On Dec 15, 2014 |
Ibadannimowa:https://i.imgur.com/QSzWubv.gif Oma she... |
| Politics › Re: Why I Believe In The “people’s General” - My Visit To Gmb's House by GBTYO: 7:28am On Dec 15, 2014 |
Ibadannimowa:https://25.media.tumblr.com/1e37f4c10e0242e587ecb18dcf1c2106/tumblr_my6ujwlDyi1s7p3jso1_500.jpg |
| Politics › Re: Decree 4 Was Promulgated In 1984 To Shield Buhari's Corrupt Past by GBTYO(op): 7:25am On Dec 15, 2014 |
2 Likes 2 Shares |
| Politics › Re: Decree 4 Was Promulgated In 1984 To Shield Buhari's Corrupt Past by GBTYO(op): 7:16am On Dec 15, 2014 |
joseph1832:Who is holding brief for Jonathan? Who is advocating for Jonathan? It is all about your hypocrite messiah and how he stole 2.8 billion pounds in 1978 and then turned around to overthrow a democratically elected civilian govt on the excuse of "koworption" only for him to later on promulgate draconian decrees to prevent his role in embezzling public funds BEING EXPOSED This is your Messiah. Your Fuehrer. The man that you see fit to lead you in this millennium 30 yrs after he was booted out of office . 8 Likes 3 Shares |
| Politics › Re: Decree 4 Was Promulgated In 1984 To Shield Buhari's Corrupt Past by GBTYO(op): 7:05am On Dec 15, 2014 |
joseph1832:If you could not be aware back then, then you will remain blind for the rest of your life. Facts can not replace whatever sentiments or belief system you hold for this man for you are a Buhari Fanatic 11 Likes 1 Share |
| Politics › Re: GEJ At The Notorious Camp Five Creek In 2007 To Plead With The Millitants by GBTYO: 7:02am On Dec 15, 2014 |
engrfcuksmtin:Stockholm Syndrome. If you don't know it then google it! |
| Politics › Re: Decree 4 Was Promulgated In 1984 To Shield Buhari's Corrupt Past by GBTYO(op): 6:54am On Dec 15, 2014 |
joseph1832:IBB is not contesting any post. Abacha is dead and for more reflection on Abacha and his regime refer to your messiah Buhari who happened to serve under Abacha and saw that regime as not corrupt in spite of all contrary evidence of remitted stolen Abacha loot, your General still considers the Abacha regime clean. Buhari, in his own comments yesterday, described the allegations of looting against Abacha as “baseless”, because according to him, “ten years after Abacha, those allegations remain unproven because of lack of facts”. 9 Likes 2 Shares |
| Politics › Re: Decree 4 Was Promulgated In 1984 To Shield Buhari's Corrupt Past by GBTYO(op): 6:49am On Dec 15, 2014 |
joseph1832:Anything goes when in a Military dictatorship abi? click the link above your initial post and scroll to page 17 and read for once in your life! 4 Likes |
| Politics › Re: Decree 4 Was Promulgated In 1984 To Shield Buhari's Corrupt Past by GBTYO(op): 6:48am On Dec 15, 2014 |
| Politics › Re: Decree 4 Was Promulgated In 1984 To Shield Buhari's Corrupt Past by GBTYO(op): 6:42am On Dec 15, 2014 |
[size=18pt]Under intense public pressure, the Shehu Shagari government, which shortly took over thereafter from the military, set up a Senate probe which traced the money to a London Midland Bank account belonging to Buhari from where the money again got missing.[/size] 10 Likes |
| Politics › Re: Decree 4 Was Promulgated In 1984 To Shield Buhari's Corrupt Past by GBTYO(op): 6:34am On Dec 15, 2014 |
Jazzlite:Is that your latest tactics? Insult any one who digs up the truth about your messiah? Your saint Buhari is not only koworpt but a despotic hypocrite! 14 Likes |
| Politics › Re: It Will Be A Shame To Nigeria If Buhari Wins by GBTYO: 6:31am On Dec 15, 2014 |
Adminisher:Your people are behind the insurgency and the kidnappings. Succumbing to your Buhari is the same thing as succumbing to terrorists. Never! A northerner will not be given the presidency in the wake of all the misguided agitation by the north 2 Likes |
| Politics › Re: GEJ At The Notorious Camp Five Creek In 2007 To Plead With The Millitants by GBTYO: 6:29am On Dec 15, 2014 |
engrfcuksmtin:If an armed robber visits your house you can open the door to your bedroom, show him were you keep your valuables and have your wife serve them refreshments as they contemplate which of your daughters to r@pe. |
| Politics › Re: Decree 4 Was Promulgated In 1984 To Shield Buhari's Corrupt Past by GBTYO(op): 6:19am On Dec 15, 2014 |
[size=18pt]All documented evidence linking Buhari to any missing funds when head of the Ministry of Petroleum was thus confiscated and destroyed when he seized power from a democratically elected civilian government. [/size] 10 Likes 1 Share |
| Politics › Re: Decree 4 Was Promulgated In 1984 To Shield Buhari's Corrupt Past by GBTYO(op): 6:15am On Dec 15, 2014*. Modified: 6:38am On Dec 15, 2014 |
[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. 6 Likes |
| Politics › Re: Decree 4 Was Promulgated In 1984 To Shield Buhari's Corrupt Past by GBTYO(op): 6:14am On Dec 15, 2014 |
[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). 4 Likes 1 Share |
| Politics › Re: Decree 4 Was Promulgated In 1984 To Shield Buhari's Corrupt Past by GBTYO(op): 6:14am On Dec 15, 2014 |
The law also conferred on the Head of State the power to ban a newspaper and to revoke the license of a wireless telegraph station in any part of the federation if such action was construed to be in the interest of the nation. Section 2, sub-sections (i) and (ii) of the law provided that: Where the Head of the Federal Military Government is satisfied that the unrestricted circulation in Nigeria of a newspaper is or may be detrimental to the interest of the federation or any part thereof, he may by order published in the Gazette, prohibit the circulation in the federation or in any part thereof, as the case may require, of that newspaper; and, unless any other period is prescribed in the code, the prohibition shall continue for a period of twelve months unless sooner revoked or extended, as the case may require. Where the Head of the Federal Military Government is satisfied that the unrestricted existence in Nigeria of any wireless telegraphy station is detrimental to the interest of the federation or any part thereof, he may by an order published in the Gazette (a) revoke the license to such wireless telegraphy station under the provisions of the Wireless Telegraphy Act of 1961; or (b) order the closure or forfeiture to the Federal Military Government, as the case may be, of the wireless telegraphy station concerned (Gazette 1984). 4 Likes |
| Politics › Decree 4 Was Promulgated In 1984 To Shield Buhari's Corrupt Past by GBTYO(op): 6:13am On Dec 15, 2014 |
[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). 10 Likes 3 Shares |
| Politics › Re: Why I Believe In The “people’s General” - My Visit To Gmb's House by GBTYO: 5:39am On Dec 15, 2014 |
[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. |
| Politics › Re: Why I Believe In The “people’s General” - My Visit To Gmb's House by GBTYO: 5:33am On Dec 15, 2014 |
[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). |
| Politics › Re: Why I Believe In The “people’s General” - My Visit To Gmb's House by GBTYO: 5:30am On Dec 15, 2014 |
The law also conferred on the Head of State the power to ban a newspaper and to revoke the license of a wireless telegraph station in any part of the federation if such action was construed to be in the interest of the nation. Section 2, sub-sections (i) and (ii) of the law provided that: Where the Head of the Federal Military Government is satisfied that the unrestricted circulation in Nigeria of a newspaper is or may be detrimental to the interest of the federation or any part thereof, he may by order published in the Gazette, prohibit the circulation in the federation or in any part thereof, as the case may require, of that newspaper; and, unless any other period is prescribed in the code, the prohibition shall continue for a period of twelve months unless sooner revoked or extended, as the case may require. Where the Head of the Federal Military Government is satisfied that the unrestricted existence in Nigeria of any wireless telegraphy station is detrimental to the interest of the federation or any part thereof, he may by an order published in the Gazette (a) revoke the license to such wireless telegraphy station under the provisions of the Wireless Telegraphy Act of 1961; or (b) order the closure or forfeiture to the Federal Military Government, as the case may be, of the wireless telegraphy station concerned (Gazette 1984). |
| Politics › Re: Why I Believe In The “people’s General” - My Visit To Gmb's House by GBTYO: 5:27am On Dec 15, 2014 |
[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). |
| Politics › Re: Why I Believe In The “people’s General” - My Visit To Gmb's House by GBTYO: 5:23am On Dec 15, 2014 |
booscy:Electricity? You are complaining of electricity bills when you have to pay toll fees for using bridges and roads? |
This is serious, taking laws into one`s hand, threatening the peace of a nation, destruction of government property, kidnapping, murder...... Is legitimate?
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