Special Report 

Controversial Court Order Against DH

The Story of Yobe Government’s

Judicial Crash-Land

constitution, as styled basically after the American constitution, has yet incorporated a fourth arm which is the mass media. The media's journalistic indispensability in an egalitarian society can never be over- emphasized as the watch dog of the society.

In the dispensation of their duty to the Nigerian populace, and in their bid to keep the public aware of the happenings around them, especially the activities of those they've elected to the various political offices in this our nascent democracy, many journalists have had different obstacles, casualties and some have even been sued and arrested albeit unjustifiably while some in the past have had their media houses ransacked and vital documents and tools of trade carted away by the authorities who are expected to hold the constitutional provisions sacrosanct, especially the freedom of expression.

Fuza Communication Services Ltd., publishers of DESERT HERALD newspaper and magazine, and its Editor-in-Chief, Mallam Tukur Mamu, are not left our of this gory situation. The publisher has been arrested three times in less than one year on the orders of federal and state authorities.

In a bid to put into practice the wise adage that “charity begins at home”, Fuza Communication Services Limited, whose Editor-in-Chief hails from Yobe State, picked so much interest in the happenings around the world especially his country home but this never went well with the Government of Yobe State.

Based on some factual and unassailable reports and articles published by DH on Yobe State, the Government of Yobe State had charged the promising son of Yobe State and the publishing company to court several times, most recent of which is ATTORNEY GENERAL OF YOBE STATE & ANOR. VS. FUZA COMMUNICATION SERVICES LIMITED. The 2nd Defendant in that suit no. YBSJ/DT/HC/29/2009 is invariably Mallam Tukur Mamu. The matter is pending before the Yobe State High Court of Justice till date. It must be clarified that the Defendants, who fully believe in the rule of law and the rights of every citizen to approach the law courts for any alleged wrong, is not quarrelling with the institution of the law suit but the issue here is the way the processes of the said court is being abused. How abused?

The undated writ of summons in the said suit which was filed on the 2nd day of September, 2009 was issued by the Honourable Registrar of that court on the 23rd day of September, 2009. Since the said 23rd September, 2009 till date, the Plaintiffs have refused, failed and neglected to file their statement of claim till date.

In that situation however, the Plaintiffs have filed a motion on notice for interlocutory injection against the Defendants on the 9th day of September, 2009 and the motion was filed for the 7th day of October, 2009 but since the said motion No. YBSJ/DT/HC/49/M/2009 was on that date of hearing, the case was adjourned upon the application of the Defendants' Counsel, M.B. Salihu Esq., nothing was done again either on the said suit No. YB5J/DT/HC/29/2009 or the Motion No. YB5J/DT/HC/49M/2009 until June, 2010 when the Plaintiffs/Applicants rushed back to the court again to fix the 6th day of July, 2010 for the said motion, still without filing their statement of claim.

Upon the said application coming up for hearing , the Commissioner for Oath of the said court refused to have the Respondents' counter-affidavit sworn before him despite the fact that the Respondents have fully paid the required fees for same vide the Government of Yobe State revenue collector's receipt No. 600843.

However, when the application thus came up for hearing on the said 6th July, 2010, the said counter affidavit was not sworn to and worst of all, M.B. Salihu, Esq. of the said former counsel to the Respondents refused to go to court for reasons best known to him. Frankly speaking, we have no evidence to connect the Government of Yobe State to the said misdoings of non-swearing of the Respondents' counter affidavit despite full payment for same and the non-appearance of the said counsel. So we leave same for the people parliament to judge.

The said application was thus heard on the said date and ruling upon same adjourned to the 15th day of July, 2010. Ruling was delivered that said reserved date without a notice to either the Respondents or their counsel. The only service forwarded to the counsel to the Respondents was the hearing notice of the proceedings of 6th July, 2010. By law, the date for ruling that was fixed must be fully serve to the Respondents or their counsel but that important aspect of law was ignored for reasons that are yet to be explained by officials of the court in Damaturu. Being dissatisfied with the situation, the Defendants, Respondents have not only sacked their said counsel ( M. B Salihu), but they have also gone ahead to brief one Yakubu A. Abbas, Esq., a Kaduna based legal practitioner. The said new counsel has not only lodged an appeal before the Court of Appeal in Jos Judicial Division, he has also filed motion NO.YBSJ/DT/HC/10M/2010 not only to set aside the said ruling/order of interlocutory injunction that is in favor of Yobe State Government against the Defendants, but he has also gone ahead to challenge the Jurisdiction of the said Trial Court to entertain the substantive suit. The said Motion No.YBSJ/DT/HC/10M/2010 is fixed for hearing on the 27th September, 2010.

Meanwhile, the lingering questions remain why was the counter-affidavit not sworn to as paid for? Why was counsel to the Respondents not in court despite the notice of the latter date (6th July, 2010) of hearing of same served to him and why did he refused to notify the Respondents of either the said hearing notice or that he won't go to court? Why has the Yobe State Government not filed its statement of claim since the 23rd day of September, 2009 till date? Has the court by the said ruling/order of 15th July, 2010 not finally determined the core issue in the substantive suit i.e. whether the claim of the Yobe State Government that the Defendants were publishing defamatory articles against them? Has the Yobe State Government not crash-landed in its bid to stop Fuza Communication Services Limited from doing its constitutional job to humanity?

“Sorry the matter is still in court. Hence we keenly await for the answers to these posers from the result of the appeal against the said order from the Court of Appeal”, a constitutional lawyer in Damaturu who asked not to be mentioned told this reporter.            

Interestingly, after the controversial order, the alleged sponsors of the suit, Babagoni Machina and Engineer Mai Sanda Lawan, together with other alleged collaborators within and outside the Yobe State government, celebrated the highly controversial order which was unusually given in the absence of both counsels to the applicants and respondents. But in the order issued on 15th July, 2010 by Justice G.M Nabaruma, it was only mentioned that “learned counsel for the respondents, who is not in court after being duly served in motion on notice No. YBSJ/DT/HC/49M/09”, ignoring the conspicuous absence of Mr. O.J. Onyemah, counsel to the applicants. In all the papers obtained by DESERT HERALD at the High Court Damaturu, which are the Certified True Copies of the controversial proceedings, there is no appearance on 15th July, 2010 for both parties. Legal experts say the worst Justice Nabaruma should have done that day since there was no representation by both parties is to adjourn the case or even dismiss the suit because no formal letter was given before the court by the counsel to the applicants to justify his absence.

In appreciation of the order granted by Justice Nabaruma,  which was all they wanted, a full page advertorial valued at N400, 000 was allegedly sponsored by the embattled Yobe SSG, Engineer Babagoni Machina, just for the purpose of displaying the controversial Court Order to the public and to demonstrate their 'victory' against DESERT HERALD. But critical assessment of the court order and record of the court proceedings obtained by the new counsel to Fuza Communication Services Limited, Barrister Abbas and other legal experts, reveals series of judicial flaws which were grossly violated and ignored by the High Court in Damaturu.

Before the latest development that automatically set aside the controversial order restraining DESERT HERALD from publishing in any form or manner of articles, statements etc concerning or connected with any of the activities, administration or actions of Yobe State and its functionaries, the alleged sponsors of the suit have been sponsoring text messages to some members of DESERT HERALD staff threatening the publisher and vowing to use resources at their disposal to destroy the paper; making references to what they called a major victory (by the court order) against DESERT HERALD.

When the controversial order was given this reporter learnt from impeccable source, who doesn't want his name in print, SSG Machina has “celebrated the good work of his marabouts. He credited the so-called success of the court order to the good work of his marabouts. He is totally blind. He believes that marabouts are capable of changing destiny or the life span of human beings.

Baba Ba'aba and his brother, Manager Ba'aba, have called him in my presence to congratulate him over the court order against DESERT HERALD. I don't know what they will do with the development of today (2nd August, 2010) as it automatically set aside the earlier order. This is a battle they have been fighting for more than eighth years without success. Only Allah knows how much they have spent in the process. I congratulate you DESERT HERALD,” our source said.

With the latest development, the alleged sponsors of the war against DESERT HERALD, notably Babagoni Machina and his co-travelers, may have to go back to the drawing board in their alleged plot against the paper and its publisher and to further convince Governor Ibrahim Gaidam about the gains or otherwise of their three years old battle against DH and its publisher.

It would be recalled that the office of the SSG under Machina was accused during the late Mamman Ali administration of plotting the publication of fake DESERT HERALD newspaper through the office of the Director of Press, Abdullahi Bego. The purpose, which has not yet been denied by those that were accused, is to implicate the paper and its publisher. The plot which was promptly confronted by the paper has also recorded a woeful failure. Also recently, Babagoni Machina and the deputy governor, Danlami Ali, were accused of orchestrating the unlawful arrest of Tukur Mamu through the Bauchi Zone of the Nigeria Police. The well scripted plot which allegedly consumed millions of naira has also suffered a woeful defeat and huge frustration with Tukur Mamu eventually securing a perpetual injunction from the court from any further arrests in the future thus becoming a blessing in disguise for the paper and its publisher. DESERT HERALD's recent publication on Yobe's overbearing SSG and his children was said to have triggered the onslaught by selected officials of the Yobe State government mainly those at the helm of affairs in the ministries of works, local government and health that felt threaten by DH's stories because of their alleged misconduct.

In his response to the court order and the onslaught against DESERT HERALD, the Publisher and Editor-in-Chief, Mallam Tukur Mamu, said “we have now passed the stage of being intimidated by state governments. I laughed when I saw the order because I believe it is temporary. I wonder why so-called educated people are always making nonsense of their collective 'intelligence'. DESERT HERALD or myself is now beyond their reach. I will never look back. DESERT HERALD is slowly driving Babagoni insane. He is no more rational and sensible in his thinking and plot against us. He has become imbecile and frustrated. Unfortunately his health condition is also deteriorating. He is not enjoying the wealth. The governor should now know that Babagoni has woefully failed against us. For me, he is nobody and by the grace of God, He has elevated me above him. Elevation is not about amassing wealth through looting of public resources or occupying high positions that will eventually become a disaster now and in the hereafter. It is about personal integrity, hard work and commitment to earn legitimate money. Looters of our treasury don't deserve our respect. Thousands of Babagonis or his marabouts cannot do anything to us. They are only wasting their time. Governor Geidam is innocent in all this but he is incapacitated to do otherwise. He is under siege.”