THE COURT CAN NOT STOP MEDIA TRIALS- JUSTICE GARBA
Justice Mohammed Garba,
who is the presiding judge of the Court of Appeal, Lagos Division has absolved
the judiciary of blame in the parade of suspects by prosecutorial agencies. He
said a court could not make a pronouncement on the legality or otherwise of
media trials generally, if the matter was not brought before it.
He spoke at the annual
Seminar/Workshop of the National Association of Judicial Correspondents which
held in Lagos today Thursday July 6, 2017.under the theme 'Administration of
Criminal Justice Act (ACJA) 2015: Innovations, challenges and the way forward'
Also speaking at the
occasion was the Managing Editor Online and Special Publications, The Nation
Newspapers, Lekan Otunfodunrin,who was also the Co-guest speaker discussed 'Journalism in the 21st century:
Opportunities and challenges.'
The event was chaired by
Prof of Law Egerton Uvieghara, who was represented by Prof Joseph Abugu, while
Chief Felix Fagbohungbe (SAN) was guest of honour.
Garba, who was
represented by Appeal Court judge, Justice Ugochukwu Ogakwu, noted that
media trial is now widespread among prosecuting agencies.
"Sadly, most of the
agencies we have now who have both investigative and prosecutorial powers, like
the Economic and Financial Crimes Commission (EFCC) in particular, engage so
much in media trial .He said
Adding further that "But,
if they don't blow their trumpet, nobody will blow it for them and it's only
when they blow their trumpet as to what they are doing that we'll know that
they are actually working.
"What can the
judiciary do? The judiciary only works on what is brought before it. Unless
there is a case that has been brought for judicial pronouncement, the judiciary
will not make any pronouncement on whether it is wrong or not.
"So, the judiciary
is not self-activating, the jurisdiction of a court is only invoked when such a
matter comes for judicial pronouncement and until such matter comes, the
judiciary cannot do anything." Justice Garba said
He also described the
ACJA 2015 as commendable, adding that it contained at least 27 innovative
provisions that could revolutionise justice administration.
The judge lamented that
Nigeria appears to have the highest number of confessional statements used as
basis of findings during police investigation. He urged the police to do more
investigation rather than waiting for a confessional statements to unravel a
crime.
On his part Otunfodunrin
reminded journalists of the constantly changing nature of their profession.
He urged them to keep
up with technological innovations to improve their skills or risk
losing their livelihoods to new media practitioners.
He said: "New media
has disrupted the traditional journalism which most of us were trained in and
have been practicing for years, there is the need to be alert to new
developments in our profession to avoid becoming a relic”.
He further noted that "Not
only has new technology demystified our age-long claim to being Gate Keepers
and turned us into purveyors of stale information, the economic recession is
gradually strangulating our operations”.
"In the sense that
there are massive layoffs and poor or non-payment of salaries, sales of
newspapers and advertising are also low with what most media houses generate
not being enough to meet many other obligations apart from salaries, Otunfodunrin
said.
"Instead of living
in denial about our precarious circumstance or dismissing the threat of the new
media, it is important that journalists get themselves well acquainted with the
new trend with technology.
"There is an urgent
need by all to take our destiny in our hands, especially for those of us who
don't know any other thing to do than journalism." Otunfodunrin added
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