SAHARA REPORTERS
Nigeria’s New FOIA: Reporters Enjoy New Freedoms In A Long-repressive Society-CJR
By Elliot Ross
Journalism in Nigeria has never been easy work, and the new Freedom of Information Act (FOIA), which finally became law in May twelve years after the bill was first drafted, isn’t about to change that overnight. But having struggled through decades of repression under military rule, advocates of press freedom in Nigeria are in unusually optimistic mood.
“This law will help to shred the web of silence,” the Nobel Prize-winning writer Wole Soyinka, who once had an underground newspaper operating out of his garage, told a public meeting in Lagos this summer. “The swagger of indifference will give way to nervous glances over the shoulder.”
The new law overrides the antiquated Official Secrets Act, which was imposed by imperial Britain in 1911. For the first time, public institutions are legally obliged to keep proper records and must respond to requests for information within seven days. There is also a provision for the protection of whistleblowers from prosecution.
Senior figures in Nigerian journalism have celebrated the law’s passing, but stress that the work of opening up their country has only just begun.
“It’s a remarkable achievement,” said Kunle Ajibade, publisher of TheNEWS, a venerable weekly magazine. “For journalists, it’s an empowering thing, but for this law to work we, as a society, will have to do extraordinary things, perhaps even amounting to a complete overhaul.”
Ajibade was sentenced to life imprisonment in 1995 after a story in TheNEWS displeased General Sani Abacha. He spent three years in jail, and remembers days when he would find fake copies of his magazine filled with stories in praise of the military junta.
While he welcomes the bill, Ajibade, like many Nigerian journalists, possesses something close to an absolute faith in the capacity of government officials to come up with new forms of chicanery. According to Ajibade, some may see the FOIA as simply a new opportunity to dupe journalists by releasing fake records to the public. He insists the new law is only the start of the long and difficult process of unravelling Nigeria’s culture of secrecy. He wants fellow journalists to redouble their efforts to obtain disclosure and independent verification.
“Even under democracy, journalists have to demonstrate courage,” says Ajibade. “But we’re here to stay. The desire to know what’s really going on is ingrained.”
To judge solely by the array of newspapers and magazines spread across street corners around Lagos, the media is booming. There are at least twenty established daily newspapers, and twelve TV channels, none of them state-owned. The country has over 120,000 professional journalists, according to the Nigerian Union of Journalists.
The FOIA is the latest in a series of encouraging signs since the return of democracy. In 1999, journalism became the only profession recognized in the new federal constitution, which enshrines the freedom of the media to hold the government to account. And in 2005, the Nigerian journalist Dele Olojede became the first African-born winner of the Pulitzer Prize.
Yet the challenges faced by journalists in Nigeria today are numerous and deep-rooted. Last year, the Press Freedom Index ranked Nigeria a dismal 146th out of 178 countries—below Zimbabwe and just one place above Afghanistan—the country’s worst position since French-based group Reporters Without Borders began compiling the index in 2002.
Official intimidation of journalists has diminished since the days of “Decree Four,” a law that explicitly criminalized reporting which brought public officials into disrepute and authorized the head of state to ban individual media organizations. Still, government and the corporate sector exert significant control over the mainstream
“There is a tragic unwillingness among Nigerian publications to support serious investigative work,” says Omoyele Sowore, who expects the Nigerian government will, “defeat the noble aims of FOIA handily.”
Sowore is the publisher of Sahara Reporters, a popular citizen journalism site that he runs from New York. Together with with Pulitzer winner Olojede’s 234Next, Sahara Reporters has shouldered much of the burden of accountability journalism in recent years as the print press has struggled.
The affair of James Ibori, the former governor of oil-rich Delta State who is currently facing money-laundering charges in London, provides a telling insight into the contrasts at play in the Nigerian media today. Ibori is the publisher of the Daily Independent, and some of his reporters have not been paid for eleven months—one desk editor said he was told if he wanted his salary he should personally secure advertising revenue for the paper. However, the criminal investigation against Ibori was opened following dogged reporting from Sahara Reporters, which began a series of scathing exposes in 2005.
Sowore says his site, which regularly posts leaked documents, has already pioneered an “underground FOIA” that goes beyond what is possible under the new law.
“There is nothing in the FOIA law anywhere that make a genius of journalism,” says Sowore. “It is the passion, individual hard work, diligence, and most importantly the conscience of a reporter that will [make for good reporting], not the FOIA.”
Culled from Columbia Journalism Review
How Rogue Banker,Erastus Akingbola Transferred N25 Billion To Offshore Accounts- EFCC Witness
Posted: November 15, 2011 - 20:05
Posted by siteadmin
By Femi Babafemi
The trial of former Managing Director of Intercontinental Bank Plc, Mr Erastus Akingbola and his associate, Mr. Bayo Dada resumed on Tuesday November 15, 2011 with prosecution witness Jimoh Abdulraheem, a former chief inspector with the bank, detailing how he transferred funds to the offshore account of the 1st accused. Led in evidence by defence counsel, Godwin Obla, Abdulraheem told the court that he was once invited by the EFCC to give statement about the movement of funds from Intercontinental Bank to various companies account on the instruction of Akingbola while he held sway as managing director of Intercontinental Bank. He went on to identify a copy of the statement he wrote on 28 January, 2011. Obla consequently urged the court to Admit the document as exhibit but defence counsel, Felix Fagbohungbe, SAN objected, arguing that he needed time to study the document. The objection was over ruled by the court and the document was admitted as exhibit.
Another document authorising the transfer of 1.3 million pounds was also tendered by Obla. After certifying that he recognises the document, the witness informed the court how he was ordered via an instruction memo to transfer the sum of 1.3 million pounds to the account of a British Law Firm, Fulgers Solicitors. “ I was authorised by Dr Akingbola to inform the Head of Funds Department, prior to the instructions, there were discussions that the said amount be transferred to the account of Tropic Finance limited. The instruction came via a memo and the order was swiftly carried out. Mr Akin Fabunmi who is the Head of Funds Department carried out the instruction,”he stated.
A copy of an unsigned memo conveying Akingbola’s instruction to effect the transfer was given to the witness to confirm if that was the memo containing the instruction. The witness confirmed the document which was subsequently admitted as exhibit.
As to the where about of the originals, Jimoh said all original documents relating to the trial were lost in the cause of investigation. He continued that the instructions were carried out and the funds were transferred to the account of a British Law Firm, called Fulgers Solicitors.Obla asked the witness if there was any evidence to back up what he said. The witness said an electronically generated swift message is attached to the unsigned memo which represents the confirmation of payment. He was asked if he would recognise the said message. He answered in the affirmative and the court handed him a copy of both the message which he confirmed. He said such messages are usually printed out of the computer if foreign account transfers are carried out.
Counsel to Akingbola said the documents tendered are not original and urged the court not to admit them as exhibits.Obla responded saying the originals have been misplaced as stated by the witness in the process of investigation. He referred the court to section 97(1) C of the Evidence Act which said copies of documents can be admitted..
The objection was overruled by the court and the documents were admitted as exhibit
Another document tendered by Obla was a letter written to the bank by one Corporate Securities Nigeria Limited requesting that the bank should make a payment of 10 billion naira for some shares purchased for the bank. The letter listed how the payment was to be made to some companies. These companies are: Tropics Securities, Bankinson Nig. Ltd, and Tropics Properties. The letter was signed by Bayo Dada, who is a co- accused. The witness said that instruction was also carried out as the funds were taken from pre- payment account of the bank and credited to those companies. He said while investigations commenced, the bank management asked him to conduct investigations as to the movement of cheques issued to those companies and it was discovered that the three cheques have been deposited in those companies’ accounts at Access Bank. Further investigations revealed that the companies were linked to Akingbola and his wife, Antonia. Jimoh said the instruction to effect payment was given by Akigbola through verbal instruction. A certain Mr Fabunmi then raised a memo to effect it.
Another 8.6 billion naira was also taken from the bank through the same General Ledger manipulation. Mr Akingbola had written a letter instructing that the said sum should be credited to the accounts of Tropics Properties Ltd., Bankinson Nig. Ltd and Tropics Finance ltd around May and June, 2009.Through the same manipulation the sum of 3.35 billion naira was also moved via an instruction given by Tropics Finance ltd. to Bankinson Nigeria Ltd., a company where his wife Mrs Antonia Akingbola has interest.
Also on the 15 May, 2009, the sum of 350 million naira was paid into the account of Intercontinental Homes, 500 million naira was paid to the account of Intercontinental Securities and another 250 million naira was paid into the account of Intercontinental Capital Market, all subsidiaries of the bank. The said payment was effected based on a letter dated 18 May 2009, received from Bayo Dada of Tropics Finance. The witness said this particular transaction was manipulated as the date of transfer on the statement varied from the day the instruction was received.
The sum of 1.550 billion naira was also moved fraudulently on the 22 May, 2009 in the same manner. An instruction from Akigbola was passed to the bank for the said money to be moved into the accounts of Tropics Finance Limited and Associated Discount House. The sum of 1.5 billion was moved to Tropics account to be fixed for one month while 50 million naira was paid to Associated Discount House to pay off debt owned by Tropics Finance Ltd.
Before the prosecution called its witness, Obla made available the proof of evidence to the defence.
The case has been adjourned to November 16, 2011 for continuation of trial.
Akingbola and his associate Bayo Dada are standing trial on a 22 count charge bordering on stealing over N42.4 billion from the Intercontinental Bank Plc
Femi Babafemi
Head, Media & Publicity
EFCC
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