Playing Abacha the Tyrant

P.M.News Monday December 24 2001

Playing Abacha the Tyrant

The Lagos state Chief Judge’s directive and clampdown on a gist bearing magazine reminds media practitioners of their experience during the military era. ADEWALE BUSARI reports the face-off between the publisher of Squib magazine, the CJ and her security agents over the ban on SQUIB magazine.

Twenty-two year old Funmilayo Mendez got more than she bargained for when on Wednesday 22 November, 2001, a combined team of security officers attached to the Ikeja branch of the state judiciary from Continental Guards picked on her in a very hostile manner. After much argument, she was bundled out of the premises of Ikeja High Court like a leper with a stern warning never to come back to that court again to sell her magazine.

This followed an administrative directive of the state Chief Judge, Justice Ibitola Sotuminu purportedly banning the sale of a gossip magazine, The SQUIB through an unsigned statement from the office of the Chief Registrar, Mrs. O.A. Taiwo. Taking the directive lightly, the Editor-in-Chief of the magazine, Mr. Adesina Ogunlana, led a team of his reporters to the High Court the following day, 23 November, 2001 to distribute leaflets and press releases condemning the Chief Judge’s draconian directive as well as declaring his resolve to break the law.

Again, the private security guards descended on the team with a determination to effect the CJ’s directive even if it involved using violent means. After much hullabaloo, the publisher was directed to meet the Chief Registrar (CR), Mrs. Taiwo who expressed disgust about Mr. Ogunlana’s daring posture. According to her,the CJ has directed that the SQUIB magazine should no longer be sold within the premises of the state judiciary. A notice to that effect emanating from the judiciary was subsequently released as backup to the security officers’ action.

Expressing her determination to carry out the order, she enjoined Mr. Ogunlana not to join issues with the CJ. The publisher in his reaction however, promised to break the law. According to him, since people who are not lawyers sell their products in the court premises, the CJ cannot intimidate him by banning the sale of his magazine. He took the Chief Registrar through memory lane, explaining some of her predecessor’s oppressive moves that failed. He claimed that the CJ was violent by her order, adding that there are other alternatives that should have been employed by the CJ either by reporting him to the Nigerian Bar Association (NBA) or take legal action against the publication.

The event took a new dimension later when the private guards attached to Lagos High Court, Igbosere, acting on the CJ’s order, descended heavily on SQUIB and its agents. They violently drove them out of the premises after beating them to pulp. The publisher was seriously assaulted. At the Lagos High Court, two agents of the magazine, Bola Maxwell Olubayo and Funmilayo Mendez were severely beaten by the security guards on duty. The warring factions later dragged themselves to the Lion Building at Oil Mill Street. A divisional police officer there was said to have been alarmed at the written directive banning the sales of the magazine while he dismissed the parties. “…If they are serious, let them bring a proper order,” he declared.

But if Funmilayo Mendez and Bola Maxwell got reprieve immediately and suffered less from the security men, Olanrewaju Marcus and 9 other vendors who volunteered to sell the magazine would not forget ina hurry the event of Wednesday September 28, 2001. Unaware of what was waiting for them, around 12.30p.m., men of MOPOL 20 led by their commander, one Momoh invaded the Ikeja High Court premises in a commando style and roughly rounded up the vendors. The security men claimed they were acting on a tip that suspected militant members of Oodua People’s Congress (OPC) had been drafted to sell SQUIB and probably eliminate the CJ. Knowing police, especially Mobile Police (MOPOL) for what they are, the defenceless vendors were thoroughly humiliated and stripped. Sympathizers watched helplessly as the vendors who did not resist any arrest were beaten up by the police and had their shirts torn; most embarrassing was the way some lawyers, especially Mr. Ola Agbede who had copies of SQUIB magazine with them were beaten for daring to read a “banned” magazine. It took the intervention of some lawyers to have the boys released while they were charged to court the following day. The charge against them before Magistrate O. Ademaye alleged that the accused presented themselves in a manner likely to cause breach of public peace by distributing for sale copies of SQUIB magazine which the Lagos CJ has banned from being sold with Ikeja court premises and thereby committed an offence punishable under Section 66 of the 1994 Criminal Code Cap 31 Volume II Laws of Lagos State. They were released on bail in the sum of N20, 000 with one surety following the application of Mr. Ola Agbede who led fifteen other lawyers which included Mr. Wahab Kunle Shittu and Mr. Adetunji Rufai for the accused persons.

After this incident, both the CJ’s agents and SQUIB, especially Miss Funmilayo Mendez, have been avoiding themselves like sworn enemies. Men of Area ‘F’ Police Command usually come to the court brandishing their guns to arrest vendors, thereby making nonsense of the earlier belief that police cannot arrest within the court premises.

The situation reminds one of the dark era of General Ibrahim Babangida and the late General Sani Abacha; the duo employed maximum force to oppress and frustrate the press in order to cover up their bad deeds. The NEWS/Tempo and P.M.News will never forget the invasion of their offices by ACP Zakari Biu led presidential Task Force on Terrorism. The publications had their staff clamped in detention, losing Bagauda Kaltho in the process.

Unable to understand the attack on him, the publisher when contacted could only link it to his daring approaches to reporting some alleged ills in the judiciary known to lawyers who are part of the system. Recently, a story indicting an administrative judge in Lagos was reported by the SQUIB while many linked the immediate ban on the magazine after the story to the closeness of the affected judge to the CJ. It was reported that the CJ told some peace makers that his judges were complaining about the SQUIB, while Mr. Ogunlana said they were only feeling uncomfortable because their hands are stained. According to him, his SQUIB Monitor which monitors the sitting and closing hours of judges has changed the judges’ attitude to work. While many of them in the past sat and rose anytime they like, keeping litigants and lawyers waiting, they are now aware that somebody is watching and have since changed their attitudes.

Reacting to the ban, the publisher said it was the joke of the century. The ban, according to him, is a mere directive, not one a lawyer should follow. He vowed to continue publishing the magazine for a virile judiciary regardless of any attack from the judges. Mr. Ogunlana said if they gang up against him at the state level they (judges) would fail at the Appeal and Supreme Court. “First of all, a good judge worth his calling would never gang up with other judges against any legal practitioner…And if they gang up against me, those involved in the unholy alliance won’t find it funny. You know a marked man is dangerous too…” he said.

Sensing danger about possible disaffection between the Bench and the Bar as a result of the publication and its purported ban, the Ikeja branch of NBA rose from a meeting and sent delegates to the CJ, deploring the manner the SQUIB was treated. The delegation was led by the branch Chairman, Alhaji Olalekan Yusuf. P.M.News gathered that the delegates were referred to the CR who merely expressed her personal opinion about the SQUIB and its publisher. She also reaffirmed the CJ’s directive that SQUIB remained banned in the court premises.

Following the uncompromising attitude of the judiciary, some lawyers decided to be in the forefront of selling the magazine. One of them, Mr. Kembi canvassed sales of the magazine openly even to an Inspector from nearby Area ‘F’ Police Station whose instruction was to arrest the vendors. From all indications, the police are tired and wish not to be dragged into the battle while the CJ has moved a step further by directing that any lawyer found reading the magazine should be arrested. Sources from the judiciary revealed that arrangements are in top gear to effect the arrest of the “trouble maker,” Mr. Adesina Ogunlana over the face-off.

Now that the CJ is yet to rescind her directive, her agents are bent on carrying out the directive while SQUIB is also determined to publish and sell the magazine in the court. However, many believe that since we are in a democratic era where the rule of law is supreme with specific provision for fundamental rights, the right to information should be upheld.