The former Deputy Governor of the Central Bank of Nigeria, Dr. Obadiah Mailafia has approached a High Court of Justice in Plateau State for the enforcement of his fundamental rights to personal liberty and fair hearing.
This is coming after the police, again, sent him an invitation which may not be unconnected with his previous appearance before the Department of State Services (DSS) over his comments on the security situation in the country while featuring on a radio programme.
Speaking during a press conference on Monday in Jos, Mailafia’s legal team said the suit has been filed challenging the letter of invitation.
The legal team is also asking the court to make a judicial pronouncement on the letter.
He described the invitation as an intimidation, harassment, persecution, and witch hunt.
A former Deputy Governor of the Central Bank of Nigeria, Obadiah Mailafia, has been re-invited by the Department of State Security (DSS) for questioning.
Mailafia spoke to reporters in Jos on Monday as he prepared to honour the security outfit’s invitation.
“I don’t know the reason but I am going as a good citizen, as a loyal and obedient citizen of this country, to honour every authority and to listen and to help them in the course of their inquiry,” he said.
Mailafia was questioned by the DSS, barely a week ago, in connection with comments he made about the leadership of Boko Haram.
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He was released after more than six hours of grilling.
After his release, the DSS said Mailafi’s claim that a governor from the North is the leader of Boko Haram is false.
The National Broadcasting Commission (NBC) also fined Lagos-based radio station, Nigeria Info, for airing Mailafia’s comments.
After his initial release, Mailafia said he was privy to “very sensitive information” and should have “taken more care to corroborate some of the information I received.”
The Department of State Services (DSS) has criticised the claim by a former Deputy Governor of the Central Bank of Nigeria, Obadiah Mailafia, that a governor from the north is the leader of the Boko Haram sect.
In a statement issued on Friday, DSS spokesman, Peter Afunanya, described the claim as fake news, saying it only lends credence to the service’s alert about desperate efforts by some notable personalities to cause a total breakdown of law and order.
According to the secret service, Mailafia as a directing staffer at the National Institute for Policy and Strategic Studies (NIPSS), has unrestricted access to security agencies.
“It is disappointing that he never took advantage of these to reach any of the security or related agencies to share the so-called information at his disposal. This, he has agreed to be a grievous error on his part,” Afunanya said.
Mailafia was on Wednesday invited by the service to its office in Jos, the Plateau State capital, over the claim he made in an interview on a radio station in Abuja.
After his release from the DSS custody, Mailafia insisted he stood by his claims.
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The service, however, warned that it will ill not stand idly and watch those it describes as disgruntled and aggrieved elements take laws into their hands and cause mayhem in the polity.
A former Deputy Governor of the Central Bank of Nigeria (CBN), Mr Obadiah Mailafia. (Noble Reporters Media / Adigun Michael Olamide)
SEE FULL STATEMENT HERE:
PRESS RELEASE DSS REITERATES WARNING AGAINST EFFORTS TO SUBVERT THE NATION
On 27th July, 2020, the Department of State Services (DSS) alerted the nation about desperate efforts by some notable personalities to use their exalted positions; take advantage of developments in the country and cause a total breakdown of law and order. It also revealed that part of the orchestrations was to engage in divisive acts as well as use inciting statements to pit one group against another.
With the latest occurrences in the country, Nigerians may have no reason to doubt the Service’s earlier pronouncement. Dr. Obadiah Mailafiya’s recent outburst aimed at playing to the gallery and creating unnecessary tension is a confirmation of his group’s desperation to breach the peace.
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Mailafiya, as a former Deputy Governor of the Central Bank of Nigeria (CBN) and currently, a Directing Staff at Nigeria’s foremost Policy Research Institute, the National Institute for Policy and Strategic Studies (NIPSS), Kuru, has unhindered access to government platforms. It is expected that he should be conversant with official information management protocols.
But regrettably, he chose to cross the lines of decorum and conduct expected of a personality of his status. It is disappointing that he never took advantage of these to reach any of the security or related agencies to share the so-called information at his disposal. This, he has agreed to be a grievous error on his part. It, however, suggests his mischief and determination to use the fake news he spewed to incite the people under his control.
It is even more condemnable that Mailafiya, who had profusely apologized during his visit to the Service’s Plateau State Command for his ignoble statement, would, afterwards, announce to the world that he stood by his misguided eruption.
Similarly, the Service also wishes to warn others, who in the guise of political mobilization and supposed pursuit of group interests, engage in hostile and subversive activities, to desist forthwith from advancing their inimical and parochial causes.
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The Service will not stand idly and watch disgruntled and aggrieved elements take laws into their hands and cause mayhem in the polity.
In line with its mandate of detecting and preventing threats and crimes against the internal security of Nigeria, the Service hereby reiterates its previous warning that it will henceforth not condone unruly conducts of persons and groups that ought to know better.
In this regard, it will not hesitate to, within the confines of the law, decisively deal with such persons and/or groups, no matter how highly placed, that may wish to test its resolve. It will, nonetheless, continue to support participatory democracy in the country and therefore urges all players to abide by the rules of the game.
On the other hand, the Service implores law-abiding citizens to go about their normal businesses without fear. It assures them of protection and pledges to strengthen existing measures designed to achieve this objective.
Peter Afunanya, Ph.D Public Relations Officer, Department of State Services, National Headquarters, Abuja 14th August, 2020
A Senior Advocate of Nigeria (SAN), Femi Falana has described the N5m fine on Lagos-based radio station, Nigeria Info 99.3 FM by the National Broadcasting Commission (NBC) as illegal.
The Human Rights Lawyer said this in a statement he personally signed and wondered why the NBC will be in a hurry to penalise the radio station.
While noting that the State Security Service (SSS) has not concluded an investigation into the radio station’s guest, Dr Mailafia Obadiah, Falana asked why the Commission was in a hurry to violate the broadcast firm’s fundamental right.
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According to him, it is only a competent court of law that has the right to impose fines on a criminal suspect after conducting a trial.
“Only a competent court of law is empowered to try, convict and impose a fine on a criminal suspect after a trial has been conducted before a competent court.
“In view of the fact that the imposition of the N5 million fine was anchored on a purported amendment of the Code and since the NBC lacks the legal competence to impose a fine on any broadcasting station without a finding of guilt by a properly constituted criminal court the NBC should suo mutu quash the illegal fine,” Falana said.
The senior lawyer added that: “Section 33 (4) of the Constitution provides that anyone charged with a criminal offence shall be tried before a competent court or tribunal.”
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He noted that in the case between the National Oil Spill Detection and Response Agency (NOSDRA) and Mobil Producing Nigeria Unlimited at the Federal High Court, Honourable Justice Ojukwu held that the imposition of fines by regulatory agencies was unlawful.
The NBC had said the fine was imposed on the media outfit due to its unprofessional broadcast.
It explained that Nigeria Info was not professional in the handling of its morning show aired between 8.30 am and 9.00 am on Monday.
NBC stated that the station provided its platform for its guest and a former deputy governor of the Central Bank of Nigeria (CBN), Dr Mailafia Obadiah, to promote “unverifiable and inciting views,” saying such could lead to public disorder.
Former Vice President Atiku Abubakar has condemned the fined of N5 million imposed on a Lagos-based radio state – 99.3 FM Nigeria Info by the National Broadcasting Commission (NBC).
In a statement he personally signed on Thursday, he asked the NBC to drop the penalty against the station, describing the reason given for its action as an attempt to gag the media in the country.
The former vice president disagreed with the nation’s broadcasting regulatory agency with its argument that the interview that the station had with a former Deputy Governor of the Central Bank of Nigeria (CBN), Dr Obadiah Mailafia, constituted any infringement and exposed the media outfit to trading in hate speech.
He argued that whether or not, what Mailafia during the programme aired on the radio station was a false claim, it was not the responsibility of the NBC to impose a sanction for a comment made by an individual.
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Atiku stressed that the former CBN deputy governor had been quizzed and released by law enforcement agents, adding that they were at liberty to prosecute him in court if they were not satisfied with his explanations.
He insisted that it was wrong to make a scapegoat of the media platform which provides opportunities for citizens to ventilate their views.
The former vice president also called on the NBC to review the hate speech prohibition code, saying the interpretation of same was offensive to the notion of free speech
Read the full statement by the former vice president below:
We are compelled to react to the Nigeria Broadcasting Commission code concerning infringement on hate speech and the operational style that media houses should employ to conform with the new regulation.
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While there is no disputation over the fact that hate speech portends an existential threat to the enterprise of journalistic reporting and, in fact, inhibits the workings for a free society, it is absolutely repugnant that powers that be would instrumentalise the prevention of hate speech as a means of constricting free speech.
It is globally acknowledged that one of the core functions of the mass media is to inform the society on all ranges of issues, not even to the exclusion of national security issues.
The mass media has a role to play in ensuring that all possible shades of opinions are given access to the media platform.
In many advanced democracies the world over, criminals on even wanted lists of law enforcement agencies have reached out to the media to express their opinions about the crimes that they had perpetrated and the media space was not denied to them.
As a matter of fact, it seems somewhat contradictory that a country like ours, which is in the throes of national security skirmishes, would choose to shrink media access to critical information.
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It is not known if any society had won the war against terrorism by placing a restriction to access to information, in the way the NBC had done.
In a particular reference to the penalty handed down to the operators of 99.3 FM Nigeria Info, we disagree wholeheartedly with the argument of the NBC that the interview that the station had with Dr Obadiah Mailafia constitutes any infringement or if at all it exposes the station to trading in hate speech.
Whether or not what Dr Mailafia said on the radio station was a false claim, it is outside of the objectives of a responsible regulatory framework to sanction a radio station for a comment an individual made, more so that the personality in question, Dr Obadiah, had been quizzed and released by law enforcement agents.
If for any reason the authorities are not satisfied with his explanations, they are at liberty to prosecute him in court, but not to make a scapegoat of the media platform that provides opportunities for citizens to ventilate their views.
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The claim by the management of NBC that “this (the penalty) is expected to serve as a deterrent to all other broadcast stations in Nigeria who are quick to provide platform for subversive rhetorics and expositions of spurious and unverifiable claims, to desist from such”, is a naked attempt to gag the media in Nigeria.
We, therefore, call on the Nigeria Broadcasting Commission (NBC) to cause a review of the hate speech prohibition code because the very interpretation of same is offensive to the notion of free speech which is an essential ingredient of participatory democracy that Nigeria operates.
We also demand of the NBC to drop the penalty against the operators of 99.3 Nigeria Info FM on account of the fact that the penalty is at best ill-thought out.
Lastly, we want to refresh the memories of the generality of Nigerians that the Nigerian media has been in the frontline of the vanguard in the fight against military rule and restoration of a democratic order. In other words, it is very disappointing that under the watch of the All Progressives Congress (APC) the media is, yet again, being targeted for extermination.
The National Broadcasting Commission (NBC) has fined a Lagos-based radio station – Nigeria Info 99.3 FM N5 million.
In a statement obtained by Channels Television on Thursday, the commission said the fine was imposed as a result of unprofessional broadcast by the media outfit.
It explained that Nigeria Info was not professional in the handling of its morning show aired between 8.30am and 9.00am on Monday.
NBC stated that the station provided its platform for its guest and a former deputy governor of the Central Bank of Nigeria (CBN), Dr Mailafia Obadiah, to promote “unverifiable and inciting views,” saying such could lead to public disorder.
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It added that the action of the radio station was in violation of some sections of the Nigeria Broadcasting Code
According to the commission, the fine imposed on Nigeria Info will serve as a deterrent to all other broadcast stations are quick to provide platforms for “subversive rhetoric and the expositions of spurious and unverifiable claims”, to desist from such.
A file photo of the acting Director-General of NBC, Professor Armstrong Idachaba. (Noble Reporters Media / Adigun Michael Olamide)
This comes a week after the Federal Government launched the reviewed sixth Broadcasting Code of the NBC.
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The Minister of Information and Culture, Lai Mohammed, said the government had raised the fine for hate speech from N500,000 to N5 million.
Read the full statement signed by the management of NBC below:
PRESS RELEASE
THE NATIONAL BROADCASTING COMMISSION FINES Nigeria Info 99.3FM FOR UNPROFESSIONAL BROADCAST
The National Broadcasting Commission has noted with grave concern, the unprofessional conduct of Nigeria Info 99.3FM, Lagos, in the handling of the Programme, “Morning Cross Fire”, aired on August 10, 2020, between 8.30am and 9.00am.
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The station provided its platform for the guest, Dr Mailafia Obadiah, to promote unverifiable and inciting views that could encourage or incite to crime and lead to public disorder.
The Commission, again, wishes to reiterate that Broadcasters hold Licenses in trust for the people. Therefore, no Broadcast Station should be used, to promote personal or sectional interests at the expense of the people.
Dr Mailafia Obadia’s comments on the “Southern Kaduna Crisis”, were devoid of facts and by broadcasting same to the public, Nigeria Info 99.3FM, is in violation of the following sections of the Nigeria Broadcasting Code:
3.1.1 No broadcast shall encourage or incite to crime, lead to public disorder or hate, be repugnant to public feelings or contain offensive reference to any person or organization, alive or dead or generally be disrespectful to human dignity;
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3.1.2 Broadcasting shall promote human dignity, therefore, hate speech is prohibited;
3.3.1 (a) The broadcaster shall ensure that any information given in a programme, in whatever form, is accurate;
3.3.3.1(b) The Broadcaster shall ensure that all sides to any issue of public interest are equitably presented for fairness and balance;
3.11.1(a) The broadcaster shall ensure that language or scene likely to encourage or incite to crime, or lead to disorder, is not broadcast;
3.11.1(b) No programme contains anything which amounts to subversion of constituted authority or compromises the unity or corporate existence of Nigeria as a sovereign state;
5.4.1(f) The Broadcaster shall not transmit divisive materials that may threaten or compromise the indivisibility and indissolubility of Nigeria as a sovereign state.
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Consequent on these provisions and in line with the amendment of the 6thedition of the Nigeria Broadcasting Code, Nigeria Info 99.3FM Lagos, has been fined the sum of N5,000,000.00 (Five Million Naira), only.
This is expected to serve as a deterrent to all other broadcast stations in Nigeria who are quick to provide a platform for subversive rhetoric and the expositions of spurious and unverifiable claims, to desist from such.
The Commission wishes to put it on record that it will not hesitate to suspend the Broadcast Licence of broadcast stations that continue to breach the Code.
Stations are, by this statement, admonished to desist forthwith, from airing unwholesome content or be ready to face appropriate sanctions.
The Department of State Services has released a former Deputy Governor of the Central Bank of Nigeria, Dr. Obadiah Mailafia, after questioning him for more than six hours.
Dr. Malaria was on Tuesday questioned by officials of the agencies in Jos, the Plateau State Capital in connection with comments he reportedly made on Monday about the leadership of Boko Haram.
It is not clear if the DSS is through with their questioning but the former CBN chief was released after Reverend Gideon Para Mallam presented himself as his surety.
Following his release from custody, the former CBN Deputy Governor thanked his family members, the media for their support while in detention, adding that he didn’t regret the comments he made.
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“Since yesterday there has been a lot of support voluntarily from the media, I want to thank them for their courage.
Former Central Bank Deputy Governor, Dr. Obadiah Mailafia, briefing newsmen after his release from the DSS custody on August 12, 2020 (Noble Reporters Media / Adigun Michael Olamide)
“If I had retracted anything, I don’t think I would have been able to leave this place because the youths of this country are fed up, all these killings have made people fed up.
“Those who tolerate it are committing great evil, we must remain steadfast, I love Nigeria, we must love our country”.
The former CBN Deputy Governor buttressed that he does not support or promote violence and will never support evil.
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“We must seek the progress of our country, we must work for peace, my name means peace, I am a servant of the people, I don’t use violence and do not promote the use of violence”, he added.
While Dr Mailafia was being questioned, a protest was held demanding his release and calling for an end to the killings in Southern Kaduna, the same issue he was commenting about that led to his invitation.
During a radio programme on Monday, Dr. Mailafia reportedly said repentant Boko Haram members had revealed that a serving northern governor was a leader of the terrorist group.
Dr Mailafia, who was the presidential candidate of the African Democratic Congress, was also reported to have linked bandits terrorising Southern Kaduna and elsewhere to the terrorists, adding that they moved weapons across the country even during the COVID-19- lockdown.
Noble Reporters Media 