African Newspapers Of Nigeria & Ors V Federal Republic Of Nigeria (1985)

LawGlobal-Hub Lead Judgment Report

N. ANIAGOLU, J.S.C 

The simple issue in this appeal is the jurisdiction of the Federal High Court to try the appellants on a three-count charge brought against them, in the said Federal High Court, by the Director of Public Prosecutions of the Federation, on 10th September, 1981.

The three counts were for :

(a) Seditious publication contrary to section 51 (1) (c) of the Criminal Code Act Cap.42;

(b) Publication of false news with intent to cause fear and alarm to the public, under section 59(1) of the Criminal Code, and

(c) Publication of false news likely to disturb public peace contrary to the same section of the Criminal Code.

The full charges with their particulars read: and thereby committed an offence punishable under section 51(1) (c) of the Criminal Code. Cap.42 Laws of the Federation of Nigeria.

COUNT 1

That you, (1) the African Newspapers of Nigeria Limited, (2) Banji Ogundele and (3) Felix Adenaike, on or about the 28th day of July 1981, at Lagos, in the Lagos Judicial Division of the Federal High Court, published a seditious publication in the Nigerian Tribune newspapers of July, 18, 1981, and more particularly in the publication captioned Shagari on tight rope after broken accord: Price for MPs increased to wit: The President, Alhaji Shehu Shagari, has personally taken over the wooing of Federal legislators in a desperate attempt to make good NPN promise to go it all alone , following the breakdown of the NPN/NPP accord.According to informed sources, President Shagari has, for a few days now, been inviting six members from each political party, soliciting for assistance in passing his bills.

In return, Mr. President has promised to site a Federal government project in any consenting member’s constituency.

Other terms include: N50, 000 cash; Cash benefit in foreign currency; N5, 000 monthly allowance; the provision of a Mercedes Benz car and not a 505 (Peugeot) saloon any more and a promise of granting between N100, 000 and N150, 000 loan to each member to build his own house in his constituency.

Our sources said that a PRP member of Aminu-Kano splinter group has, in fact, received his own booty of a blue Mercedes parked now in Victoria Island, the sources added that the car has not even been registered and thereby committed an offence punishable under section 51(1)(c) Of the Criminal, Code Cap.42, Laws of the Federation of Nigeria.

COUNT 2

That you, (1) African Newspapers of Nigeria Limited, (2) Banji Ogundele and (3) Felix Adenaike, on or about the 28th day of July, 1981, at Lagos in the Lagos Judicial Division of the Federal High Court, published a statement in the Nigerian Tribune Newspapers of July 28, 1981 and more particularly in the publication captioned Shagari on tight rope after broken accord: Price for MPs increased to wit: