Guardian

THE media has an important role in placing the appropriate weight to accusations as opposed to convictions. Today, once a person is accused of committing a crime, the reports coming from the press amount to convictions especially in corruption cases. This situation places the courts and judges in a difficult position where there is simply no evidence to support the charge. In such a situation, the general public has already been led to accept the guilt of the accused and the judge who fails to ratify the judgment of the media is hounded and labeled a corrupt judge irrespective of the evidence placed before the court.

It would be very welcome, if members of the press cultivate the habit of understanding the real issues placed for determination before the courts in their critique or assessment of a judgment. It is not uncommon in election petitions and corruption cases to hear comments like – “everybody knows the election was rigged, it’s common knowledge, but the corrupt judge was bought by the other side” or “it is clear that the former governor is guilty of corruption but the judge was settled.”

In such situations, without fair and balanced reporting from the media, judges and the judicial system are left open to be unduly battered by the public. If, for example, the police or other investigating agencies fail to investigate a case properly or the prosecution in a given case fails to convince the court evidentially regarding the guilt of the accused person, the court cannot proceed and deliver judgment based on the general perception of the public on the issue as reported in the papers. The court can only make its decision based on the evidence and facts that are properly placed before it.

The issues raised in the foregoing are serious and ought to be looked into critically. Today, corruption and the perception of it on the bench together with unfair or unbalanced reporting of judicial action has served to seriously undermine the authority of the courts in Nigeria. A lot of work must be done on both sides to ensure a swift restoration of the all-important symbiosis between these public service institutions.

There is no doubt that the media can play a multidimensional role in the promotion of values and virtues in the society as well as in the dispensation of justice. It can be very instrumental in uncovering crime besides playing a key role in projecting a vision of order, justice, stability and change. The media also has a role to play in digging out and exposing “white collar” crimes that invariably have a direct bearing on the nation’s political and economic life.

Another important role of the media is to investigate the failings of the police and other relevant law enforcement agencies whenever they fail to take action on the complaints of the citizens. This not only helps in preventing crimes but it also contributes towards the effective dispensation of justice.

It must be stated here that in some instances, even though the media and the judiciary do not see eye to eye on certain cases but the two have always displayed temperance in the course of their conduct for the projection of their respective points of view. The time has come when the laws regarding Contempt of Court should be liberalized and the media afforded an opportunity to comment on the conduct of Judges and on their decisions. Indeed the media and the judiciary have a special role in the dispensation of justice. Both are making their due contribution in their respective fields.

I strongly believe that the most emphatic feature of the relationship between the judiciary and media is that the independence of both is fundamental to the continued exercise and indeed the survival of liberties which we sometimes take for granted. This independence is linked but separate. There is no society in the world (which seeks to thrive well) where an independent press flourishes while the judiciary is subservient to the executive or where an independent judiciary is allowed to perform its true constitutional function while at the same time, the press is fettered by the executive. This reiterates the fact that in any society that is governed by the rule of law, the independence of the media and the independence of the judiciary are both of crucial importance to liberties of the society at large and both must be preserved.

With the hope that I have done justice to this all-important subject, I hope that my talk will serve as a reminder of the great responsibility that lies in the exercise of Judicial power and crucial role that must be played by the media in the all important effort to enthrone justice and democracy in Nigeria.

Thank you for listening.

Justice Musdapher, ex-CJN delivered this lecture at the National Mirror 2nd anniversary lecture in Lagos on December 20, 2012.