Media trial which has become the order of the day in Nigeria is simply the act of using media coverage to vilify and portray a suspect or an accused person as a criminal, even without trial.
In the context of Nigerian jurisprudence, a trial is an avenue to challenge the innocence of an accused person while media trial is an improper use of the media to tarnish the image of an accused person before, during or after a trial.
Media trial is used to dampen the resilient spirit of an accused person.
No doubt, the Economic and Financial Crimes Commission (EFCC) has used this craft greatly, especially during the tenure of Ibrahim Magu; and it greatly chipped away some nobility in its patriotic war against corruption.
Presently, the same media trial is being employed against the immediate past Governor of Kogi State, Yahaya Bello, whose present ordeal may have undoubtedly brought some people immense joy.
A political group, the C5(64), based in Kogi State with representatives from the five local governments and the 64 wards of Okunland, Kogi West Senatorial District and over 1,280 members on Tuesday rose in support of the former governor with a call for fair hearing in his current travails with the Economic and Financial Crimes Commission, (EFCC).
The group coordinator, Hon Philip Olusesan Orebiyi, a former member of Kogi State House Assembly, who spoke with The Guardian, stated in part: “I cannot be against the trial of anyone, including Alhaji Yahaya Bello, for corruption. But let all factors, including fair hearing; respect for human rights; establishment of a prima facie case that would not result in huge costs for prosecution, years of going in and out of courts, and which ends up in awards of judgment cost against the EFCC and by extension the Federal Government.
Philip Olusesan Orebiyi, Coordinator C5 (64) Group
“So, what are my concerns here? The huge inconsistencies in the information put out by the EFCC. When the case was first brought into the public glare, the case filed against Bello was that he had access to the account of the Kogi State Government four months before he became governor. This was even as good as the months before he was declared the valid candidate of the All Progressives Congress to replace late Abubakar Audu, who died on the day he would have been announced by the Independent National Electoral Commission (INEC) as the winner of the 2015 Kogi State governorship election. Before Bello’s Abuja house was raided in a gestapo-like manner on April 17, 2024, Bello had, believing that his fundamental human rights were being threatened, approached a Kogi State High Court seeking an interim restraining order against the EFCC pending the determination of a substantive suit before the court. Justice Isa Abdullahi (presiding), who was satisfied with the grounds upon which the relief was sought, on February 9, 2024, gave an interim restraining order against the EFCC from taking any action against Bello, pending the determination of the substantive matter.
“The Commission, dissatisfied, approached the Court of Appeal, Abuja, on March 11, 2024, requesting the appellate court to set aside the interim restraining order. It argued that the lower court lacked the requisite jurisdiction to assist Bello escape his deserved justice. It also argued that Bello could not stop the Commission from carrying out its statutory duties, nor use the lower court to escape its invitation, investigation and possible prosecution as the court’s order directed.
The Appeal Court adjourned hearing to April 22, 2024, while refusing to hear EFCC’s application for a stay of the order of interim injunction. In further affirming its earlier interim orders, the Kogi State High Court on April 17, 2024, delivered judgment in the substantive suit and directed the Commission to first seek the leave of the Court of Appeal before taking further steps against Bello. It granted some injunctive reliefs against the Commission “from continuing to harass, threaten to arrest or detain Bello”. The court directed the Commission to file a charge against Bello in an appropriate court if it had some reason to do so. The Commission later obtained a warrant of arrest against Bello from the Federal High Court presided over by Justice Emeka Nwite. On April 22, the anti-graft agency filed a notice of withdrawal of its appeal, predicating it on the ground that events had overtaken the appeal; while admitting that the appeal was filed out of time. Bello’s team promptly challenged the arrest warrant by the Federal High Court and Justice Emeka Nwite had adjourned for his ruling on the propriety of his warrant of arrest against Bello.
“As the convener of the C5(64) group, I condemn any brute and sensational arrest of a suspect such as Bello. It does not matter the station of life of such suspect, whether high or low. It is in this context that we believe the Commission’s tactics in attempting to arrest Bello ought to be situated. While no one quarrels with the Commission’s full mandate to tackle economic crimes, the way and manner in which it does so must however, not portray any impunity or suggest that it is above the law. After all, the Commission’s motto is “No one is above the Law”.
To that extent, the fact that the person at the centre of the present controversy is a former Governor is irrelevant: it merely hugs the headlines for that reason.
Afterall, he has since lost his immunity under section 308 of the 1999 Constitution, upon vacating office. However, once a person has been charged to court as Bello has, he becomes the subject of the court, which becomes seized of the matter. His availability in court is thereafter controlled by the trial court, and not another through a bench warrant.
This submission on media trial has been tacitly corroborated by the Commission’s Chairman, very hard working and dedicated Mr Olanipekun Olukoyede, who stated, in a now-viral video, that the former Governor of Kogi State declined to come to the agency’s office because he complained that a female Senator had allegedly gathered journalists together to humiliate him anytime he appeared in the office of the agency for interrogation. Obviously, Bello was scared of media trial; so he avoided it. The evils of media trial are galore.
“The judgment delivered by the High Court of Kogi State on April 17, 2024, finally vindicated Yahaya Bello on this issue as the court pointedly held. Kogi State has been held spellbound by the ongoing public judgments which are affecting the running of government and the psychological peace of the communities. Kogi is by this case been talked down at by those who don’t know the details of the issues involved. We want to appeal to EFCC to consider the plight of other Kogites”.
