The Chief Justice of Nigeria, Justice Walter Onnoghen, has warned the media against further discussion of cases pending in court.
He said doing so constitutes contempt of court, which is an offence in the country punishable by imprisonment.
In a New Year statement signed by his media aide, Awassem Bassey, and released to the media on Wednesday, Onnoghen said unscrupulous lawyers have used the opportunity of such discussions to sway the people towards an outcome favourable to themselves.
The statement read in part, “The attention of the Honourable, the Chief Justice of Nigeria … Walter Samuel Nkanu Onnoghen, GCON, has been drawn to the emerging and continued practice of discussions of matters that are subjudice in the print and electronic media, such as the issues concerning the Anambra State Central Senatorial District dispute.
“The Hon. CJN wishes to remind the general public that it is Contempt of Court for anyone to discuss any matter pending in any Court of Law in the country. The punishment for Contempt may include a term of imprisonment.”
Citing previous decisions of courts, the statement said the courts of law had prohibited the discussion of pending criminal cases. It added that the declarations still stand.
“In respect of criminal proceedings, it is forbidden for parties, their counsel or newspaper commentators to freely offer opinions in respect of matters pending in court, including any situation where a conviction has been entered but the convict’s appeal is pending at the appellate court.”
‘We must not allow “trial by newspaper” or “trial by television or trial by any medium other than the courts of law.’
“I think that anything in the nature of prejudgment of a case or of specific issues in it is objectionable not only because of its possible effect on that particular case but also because of its side effects which may be far reaching.
“Responsible ‘mass media’ will do their best to be fair, but there will also be ill-informed, slapdash or prejudiced attempts to influence the public.
“If people are led to think that it is easy to find the truth, disrespect for the processes of the law could follow and, if mass media are allowed to judge, unpopular people and unpopular causes will fare very badly.
“Most cases of prejudging of issues fall within the existing authorities on contempt. I do not think that the freedom of the press would suffer, and I think that the law would be clearer and easier to apply in practice if it is made a general rule that it is not permissible to prejudge issues in pending cases.”
The statement further said the abusive tone adopted by other lawyers for judges and opponents of cases makes it necessary to stop the practice.
“To make matters worse, in such discourse, the language being used in describing the judgments of the Courts is not only ungentlemanly, degrading and contemptuous, but amounts to uncharitable insults which should not be encouraged in any decent democracy.
“It is in the light of the above that the Hon. CJN continues to encourage parties and the general public to use only lawful means in the pursuit of remedies for their real and imagined grievances.
“The Hon. CJN reiterates his appeal to litigants, advocates and the public to refrain from making unsubstantiated and malicious allegations and complaints against Judicial Officers, and reminds Judges to consider invoking their inherent power of contempt where there are clear violations or infractions in respect of matters that are subjudice.”
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