{"id":7408,"date":"2013-07-31T01:44:47","date_gmt":"2013-07-31T01:44:47","guid":{"rendered":"http:\/\/disnaija.com\/nigeria-news\/imo-state-chief-judge-and-the-press\/"},"modified":"2013-07-31T01:44:47","modified_gmt":"2013-07-31T01:44:47","slug":"imo-state-chief-judge-and-the-press","status":"publish","type":"post","link":"https:\/\/disnaija.com\/imo-state-chief-judge-and-the-press\/","title":{"rendered":"Imo State Chief Judge and the Press"},"content":{"rendered":"
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I read with dismay the letter written by \u00a0the Chief Judge of Imo\u00a0 State Honourable Justice Benjamin Ahanonu Njemanze via his solicitor Prof F.C Dike( SAN) of\u00a0 Nnaji \u00a0Dike Chambers \u00a0threatening\u00a0 libel suit against Emperor Iwuala and two media houses based in Owerri\u00a0 (Trumpeta Newspaper\u00a0 and Nigerian Newspoint Newspaper ) over\u00a0 Iwuala\u2019s article ‘the controversial appointment of Magistrates in Imo Judiciary’ which Njemanze \u00a0see as \u00a0libelous. Iwuala\u00a0 is a newspaper columnist\u00a0 like me though I don\u2019t \u00a0agree with \u00a0some of his views . Justice Njemanze \u00a0on his part is a man I respect greatly but I am against him in this his fight against the press . I am against him because when a man is placed in the public arena he must be prepared to accept public criticism. Njemanze \u2018s libel lawsuit against the press undermines \u00a0Governor Okorocha\u2019s\u00a0 \u00a0commitment to press freedom\u00a0 and mar his (Njemanze\u2019s ) international image.<\/h3>\n
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Governor Okorocha has publicly subscribed to a vision in which press freedom is respected in Imo State and Justice Njemanze\u2019s action which \u00a0\u00a0reminds us of the dark days of military jackboot absolutism should be condemned by all. What Njemanze should have done is to take the criticism of Iwuala\u00a0 as a challenge to put more effort in his work\u00a0 as a public officer \u00a0or\u00a0 write a rejoinder in response to\u00a0 the article but he chose to throw caution to the wind .Imo State cannot move forward\u00a0 unless its media can report freely on issues of state and\u00a0 national importance. We say No to any attempt to muzzle press freedom in Imo state.<\/h3>\n

Section 22 of the 1999 Nigerian\u00a0 constitution\u00a0 empowers a media worker like Iwuala \u00a0\u00a0to demand responsibility and accountability of the government to the people. The press is there to watch the excesses of any government anywhere in the world. The press is the guardian of the people as the fourth estate of the realm. Intimidating critics for demanding good service from a public servant violates Nigerian constitution and international norms on freedom of expression. 1999 Nigerian constitution in section 24 pointed out \u00a0that the duty of every citizen is to make positive and useful contribution to the advancement, progress and well-being of the community where he resides. The right to freedom of expression is recognized as a human right under Article 19 of the Universal Declaration of Human Rights and recognized in international human rights law in the International Covenant on Civil and Political Rights (ICCPR).<\/h3>\n

Now ,what is libel? \u00a0Libel by definition is published information against someone that is false. Did Iwuala Speak falsely in his article? \u00a0The Nigerian Bar Association (NBA) Owerri Branch \u00a0has joined \u00a0\u00a0Iwuala to condemn \u00a0the way new magistrates were appointed in Imo State. This was contained in the report of the Sub-Committee of NBA Owerri that reviewed the appointment of new magistrates in Imo State Judiciary. The sub -committee we know was headed by Chief Mike Ahamba (SAN). Anything that is proved to be true cannot be libelous. Since libel by definition is falsehood against a person, do we consider a report of\u00a0\u00a0something that is true by a journalist \u00a0to be\u00a0 libelous?<\/h3>\n

\u00a0Truth is the reporter\u2019s best defense against a libel. We also have what we call fair comment and criticism which covers a journalist. The fair comment and criticism defense allows reporters to express opinions no matter how scathing or critical. Justice Njemanze as a public official and public figure should prove to us that Iwuala\u2019s allegation that he (Njemanze) unjustly appointed magistrates in the state \u00a0\u00a0was false and that it was published with something called actual malice. Actual malice means that the story was published with the knowledge that it was false or that the story was published with reckless disregard of whether or not it was false.<\/h3>\n

Fighting Iwuala is an attempt to\u00a0 deny\u00a0 a\u00a0 media man \u00a0the\u00a0 fundamental right to protest against unpopular and anti-peoples \u2018 policies. Justice\u00a0 Njemanze \u00a0by this threat to sue the media has \u00a0moved against free speech in Imo State. It is an\u00a0 indicator that\u00a0 he has no respect for press freedom. His attempt will not succeed and his excuses will \u00a0not stand the test of the \u00a0law, the test of decency, nor the test of time. We say No to press intimidation. Intimidation cannot frighten the press away from the truth.<\/h3>\n

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We say NO to human rights violation by those in authority and their agents. It is ridiculous that while some \u00a0judicial officers who are expected to be above board perpetrate brazen corruption are allowed to live like kings, activists and media men\u00a0 who are demanding sanity are threatened with lawsuits and\u00a0 dungeons of intimidation and repression. This again shows that despite the so-called emergence of civilian rule since 1999 and despite the struggle of the working and poor masses against dictatorship and for good governance, some\u00a0 public office holding vampires who never contributed to the termination of military dictatorship are the ones throwing the masses to the\u00a0 gallows. That we are still witnessing a clear attack on the media\u00a0 in this country as clearly displayed by Justice Njemanze is a sign of bad omen for the poor working masses of Nigeria.<\/h3>\n

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Any bad policy of the government is antithetical to the interest of the poor masses and as such any protest against such policy by the media is a protection of the people\u2019s interest as envisaged and guaranteed by the Nigerian constitution.The right to speak\u00a0 against the bad policies of any government is an inalienable right, which no court of the land can take away.We say NO \u00a0to any fight against the press. Some Nigerians\u00a0 fought and died to protect our unique right of press freedom. We can\u2019t and we won\u2019t forget that. To be a journalist is not only a great responsibility, but also a high\u00a0 honour and not\u00a0 a high crime. I call on Imolites to reject the political repression against the media by Justice Njemanze. I call on Imolites \u00a0to demand the total withdrawal of all trumped-up political motivated lawsuit leveled against the Trumpeta and the Nigerian Newspoint Newspaper in Imo State . I call on the Imo\u00a0 judiciary not to allow itself to be used by temporary power holders to unjustly victimize the press. The people are watching.<\/h3>\n

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Written by: Kenneth Uwadi <\/b><\/h3>\n

Mmahu-Egbema,Imo State\u00a0<\/b><\/h3>\n<\/p>\n<\/div>\n

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Posted in Nigeria News. <\/a>A DisNaija.Com<\/a> network.<\/p>\n

Source: Imo State Blog<\/p>\n

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