JOURNALISTS TO FACE TRIAL FOR SEDITION

C O N F I D E N T I A L ABUJA 001660

SIPDIS

SIPDIS

E.O. 12958: DECL: 06/26/2016
TAGS: PGOV PHUM PREL NI
SUBJECT: JOURNALISTS TO FACE TRIAL FOR SEDITION

REF: ABUJA 01547

Classified By: Political Counselor Russell J. Hanks for reasons 1.4 (b)
and (d)


1. (U) SUMMARY: Nigeria's State Security Service (SSS) has
re-arrested Africa Independent Television (AIT) journalist
Gbenga Mike Aruleba (reftel) on charges of sedition.
Aruleba, along with fellow journalist Rotimi Durojaiye, is
being tried under a section of the criminal code instituted
in 1990 under military rule. The legal basis for the arrests
is questionable, as it is unclear whether the sedition law is
still in force. The defendants face two years in prison.
They were denied bail during arraignment on June 27, but were
granted bail of 500,000 naira (3900 USD) in a formal bail
hearing attended by PolOff on June 29. END SUMMARY.


2. (U) The June 29 bail hearing was conducted in two parts.
During the morning session, the prosecution did not object to
the defense motion for bail. Nonetheless, the presiding
judge adjourned the case for about 3 hours. At 1 p.m., a
packed courtroom heard the judge grant bail. Talking to
PolOff after the hearing, Aruleba said that the next hearing
will be July 25. Attorneys for each defendant told the media
they planned to formally challenge the constitutionality of
the law.


3. (U) Media reports support the details of reftel --
Aruleba was arrested for saying that President Obasanjo had
purchased a second-hand airplane. There is no indication of
how this is seditious, but reftel reports that Obasanjo had
requested funds for a new plane. Media reports quote SSS as
saying that by defaming the character of the president the
journalists have committed sedition against the Nigerian
state.


4. (C) On June 28, PolOff met Shuaiubu Usman Leman, National
Secretary of the Nigeria Union of Journalists. Leman said

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that the GON in general does not respect the rights of
journalists, and said this is particularly true of President
Obasanjo. He said that after Obasanjo left power as a
military dictator, he had a sign on his chicken farm saying,
"Journalists and dogs not welcomed." Other embassy sources
confirm the sign existed. Leman claimed that a number of
journalists have been intimidated or physically assaulted,
although these two defendants are the only ones currently
facing criminal charges. He also said that journalists are
routinely offered bribes for favorable stories and have
threats made against their families for stories unfavorable
to the GON.


5. (C) COMMENT: Overall the media environment in Nigeria
remains vibrant: newspapers criticizing the GON are freely
available and radio stations continue to air call-in shows
where citizens voice their frustrations with the government.
However, Leman points out that journalists in Nigeria work
under great pressure and his comments provide context to the
specific cases of Aruleba and Durojaiye. In the runup to the
2007 elections, the pressure on journalists seems to be
increasing. It is difficult to believe that a story about a
second-hand airplane merits charges of sedition under a
questionable law. At a minimum, the arrests signal President
Obasanjo's concern for Nigeria's image. Even worse is the
possible cover of a questionable deal that could have fallout
close to the President himself. In either event, these
actions foster a more controlled media atmosphere for the
conduct of the 2007 elections. END COMMENT.
FUREY