Oluwole Adeboye, a reporter with the “P.M. News”, a mid-day newspaper in Lagos, fled his Agege home on December 11, 2003 and has since been in hiding. This follows the publication of a story with the reporter’s by-line, about the alleged unprofessional conduct of a police constable, Bamidele Adeola.

According to the Media Foundation for West Africa (MFWA)-Nigeria, Adeboye had reported that the police officer robbed a commercial motorcycle operator of his GSM mobile phone and money. Following the publication, Constable Adeola was arrested and detained. He was later released; but is said to be facing administrative investigation and possible dismissal.

Babajide Otitoju, editor of the “P.M. News”, told MFWA-Nigeria that several unidentified persons have since been stalking Adeboye for exposing the policeman.

He has also received numerous telephone calls threatening to kill him for daring to expose the policeman. The management of the newspaper therefore advised the reporter to go into hiding until his safety can guaranteed.

MFWA appeals to the Lagos police administration to investigate the alleged threats on the life of journalist Oluwole Adebayo and ensure that he can exercise his legitimate national and universally subscribed rights to life, movement, opinion and expression.

The Taraba State Chapter of the Nigerian Union of Journalists (NUJ) on December 11, 2003, accused Police Commissioner Egbechukwu Nwachukwu of masterminding a campaign of intimidation and harassment of journalists in the state.

According to the Media Foundation for West Africa (MFWA)-Nigeria, a statement signed by the local union secretary, Pojo Nafinji, complained that, following a series of uncomplimentary media reports about the police commissioner, Mr Nwachkwu had publicly threatened to ‘get even’ with journalists who might be involved in any matter brought before the police. Subsequently, when a journalist with the TheNews magazine reported a traffic incident to the police, the commissioner, ironically, ordered the complainant to be charged and sent to court. The magazine’s Tabara State reporter, Ben Adeji, has also recently been twice detained by the police.

The NUJ has, therefore, directed its members to boycott all activities by the state police. The union has also appealed to the Inspector General of Police to withdraw Commissioner Nwachukwu from the state.

State authorities in Guinea have banned the Issue No. 2239, dated 7 – 13 December, 2003, of the “Jeune Afrique l’Intelligent” newspaper.

According to Media Foundation for West Africa (MFWA)-Guinea, court officials who effected the seizure order on December 10, refused to give reasons for their action. However, the publication in question had carried an article with the headline, “Witch-hunt in Army”, which the Guinean authorities are said to have been unhappy about. The story documented instances of the current wave of arrests and reprisals against key opposition figures and some army officials perceive to be opposed to the third term presidential ambitions of Gen. Lansana Conté.

In spite of the ban, vendors are reported to be selling photocopies of the newspaper on the sly, in response to popular public demand.

Following rumours about a coup attempt in mid-November 2003, scores of army officials have been arrested and detained by loyalist forces. Prominent among the detainees are Kadr Doubuya, a former army Commandant; Commander Aly Camara, the second in command of the presidential guard; Sikdiki Camara, a senior official at the gendarmerie training school; and Lieutenant Alpha Ousmana Diallo, son of Bubacar Biro Diallo, former speaker of parliament who later became a fierce critic of the president.

The 69 years old Lansana Conté has been in office since 1984 when the army took over power in a coup barely one week after the death of Sékou Touré, the country’s first post-independence president. Gen. Conté stood for and won the country’s first multi-party presidential elections in 1993, amid claims and accusations of ballot rigging and voter intimidation. He was re-elected in 1998, again under highly disputed and generally discredited circumstances.

In November 2001, a nationwide referendum, believed to be largely flawed, amended the constitution to allow the president to run for an unlimited number of five-year terms. Consequently, the ailing former military dictator is standing for the next elections scheduled for December 21, 2003. All the major opposition parties in the country have boycotted the elections because of persistent intimidation and their lack of confidence in the process.

Since March this year, the MFWA has reported at least four incidents of the abuse of the freedom of expression rights of journalists and newspapers for publications related to the second term ambitions of President Conté.

The Independent Communications Networks Limited, publishers of the “The News” magazine and four of the magazine’s staff, namely, Bayo Onanuga, editor-in-chief, Babafemi Ojodu, managing editor, Bamidele Johnson, deputy editor and Timothy Igandan, reporter, have been dragged to court on a N1 billion (about $US7,246,376) libel suit.

The suit was filed at the Abuja High Court by Dr Amos Adamu, Executive Director of the Organizing Committee (COJA) of the 8th All-Africa Games, “Abuja 2003”.

According to Media Foundation for West Africa (MFWA)-Nigeria, Dr. Adamu is claiming the sum of N1 billion as damages for two articles entitled, “The Scandals of COJA” and “Obasanjo’s Family, Atiku and Adamu in N30 Billion Scandal”, published respectively, in the October 27 and November 24, 2003 editions of the magazine. He is also seeking “perpetual injunction restraining the defendants by themselves, their servants and agents from further publication of the said defamatory word or words of the like” against him.

The suit, number FCT/HC/CV/220/2003, filed by Prince Adetokunbo Kayode, counsel, for Dr. Adamu, complained that the two publications ridiculed and disparaged his reputation by portraying him as corrupt and devious in the management of government resources and public funds.

The MFWA is dismayed by the ever-increasing tendency of officials and individuals close to the Obasanjo government, to apply to the law courts, claiming damages for alleged defamation, in sums which, if granted, could have the effect of jeopardizing the very survival of the publications in question.

Barely a fortnight ago, on November 17, Mrs. Stella Obasanjo, wife of President Olusegun Obasanjo, filed a suit at an Abuja High Court seeking a similar sum of N1 billion in “general and exemplary damages” against the same publication. In the suit filed by Dr B. O. Babalakin, Mrs Obasanjo complained that portions of the said publication, which alleged that she got a contract from COJA officials for furnishing of the games village was “based entirely on speculation, unfounded and unsubstantiated allegations.”

That case was adjourned to December 17, 2003.

Obviously, if both reliefs by Mrs Obasanjo and Dr Adamu were granted, they could effectively bankrupt the Independent Communication Network Limited and result in the incarceration of the co-defendants for default. MFWA requests you to, kindly, protest the deteriorating state of media rights and freedom of expression in Nigeria; and in particular, the prohibitive damage claims being sought against the “The News” magazine staff and publishers.

Kayode Fasua, editor of the “Contact” newspaper, and Tunde Ajayi, editor of the “Class” newspaper, were on Wednesday, November 26, 2003, arrested by personnel of the Ekiti state command of the Nigeria police. Also arrested were Michael Dada and Bola Fatile, both said to be staff of the Ministry of Justice.

According to Media Foundation for West Africa (MFWA)-Nigeria, the four persons were arrested for being in possession of copies of the Ekiti Razor newspaper, which was said to contain material intended to disparage the reputation of the state governor, Ayo Fayose. The Assistant Police Commissioner in charge of the Criminal Investigations Department (CID), Emmanuel Zanu, also alleged that the publication contained “inciting information that could jeopardize the peace and order in the state”.

Mr Zanu claimed that the security forces had received intelligence that the journalists and their colleagues were conveying copies of the allegedly inciteful publication to the state for circulation. The police, accordingly, intercepted the four at a roadblock and found several copies of the newspaper in their vehicle. Zanu indicated that the journalists and others would be charged to court immediately ongoing investigations are concluded.

The MFWA is concerned about the increasing spate of harassments, arrests and detentions of journalists in Nigeria for publications and comments that the government and state authorities find critical or disparaging Only on Monday, November 24, personnel of the police CID in Lagos arrested and detained three editors of the “Insider Weekly” because of a story carried in the November 24, 2003 edition of the magazine. The publication alleged that top officials of the government of President Olusegun Obasanjo were involved in the illegal bunkering of crude oil. Osa Director, editor-in-chief, Chuks Onwudinjo and Janet Mba-Afolabi, both executive editors, were all kept in police custody until Wednesday, November 26 when, following representations by the magazine’s lawyers and pressures from the Media Rights Agenda (MRA) and other prodemocracy advocates, they were charged to court and released on bail.

The magazine has, in fact, alleged that even before these arrests, top-level security officials and politicians had been scheming, through “orthodox and unorthodox means”, to destroy the magazine for its perceived opposition to the Obasanjo administration.

MFWA appeals to the government of President Obasanjo to demonstrate a greater tolerance of, and respect for, the basic democratic tenets of media freedom and freedom of expression in Nigeria.

On November 21, 2003, the Benue State police in Makurdi arrested and detained Emmanuel Uja, a correspondent of the Sun newspaper of Nigeria, at the State Criminal Investigation Department (SCID).

According to Media Foundation for West Africa (MFWA) Nigeria sources, the journalist was picked up at about 10:00am during a function in Makurdi and driven away in a waiting Peugeot 504 station wagon. The police turned down appeals by Emmanuel and other reporters at the function, to allow him to conclude the function before reporting to the police station.

The police arrested Emmanuel on account of an article written by Murphy Ganagana, the Sun Abuja Bureau correspondent. The story was about a 16- year old girl who is said to have committed suicide by taking rat poison because her father allegedly stopped her from being promoted to the next class.

The police turned down pleas by other journalists at the event to allow Emmanuel to cover the function before reporting to the police, especially as he was not the author of the article. They bundled the journalist into the waiting car and took him to the SCID.

Nearly 20 members of the Correspondents Chapel of the Nigeria Union of Journalists (NUJ) subsequently staged a protest at the office of the Assistant Commissioner of Police SCID and demanded the immediate release of their colleague.

The police later released Emmanuel and instructed him to produce Murphy Ganagana, the author of the story on November 26, 2003.

Three senior editors of the “Insider Weekly” magazine were on November 24, 2003, arrested and detained by police authorities in Lagos, Nigeria. They were accused of “sedition” and “criminal defamation”, in connection with a story published in the November 24, 2003 edition of the magazine.

According to Media Foundation for West Africa (MFWA)-Nigeria, Chucks Onwudinjo and Janet Mba-Afolabi, both executive editors, and Osa Director, editor-in-chief, were picked up at about 2:00pm on Monday and held at the Panti police station in Yaba, Lagos for two days. They were charged to court on Wednesday November 26, for allegedly conspiring to publish seditious information against Vice President Abubakar Atiku and General Aliyu Muhammed Gusau (Rtd), National Security Advisor to President Olusegun Obasanjo, thereby committing criminal defamation.

Criminal defamation is punishable by imprisonment under Sections 518 (6), 51 1(c) and 375 of the Criminal Code of Nigeria. The journalists all pleaded not guilty, and were granted bail in the sum of N200,000 (about US $1,515). They are to reappear in court on January 12, 2004.

The MFWA appeals to the authorities in Nigeria to pursue the option of a rejoinder, and to discontinue the criminal defamation charges against the journalists because they have the effect of intimidating journalists and restraining them from investigating and reporting issues in the public interest.