THE TRANSCENDENCE OF THE MEDIA (E-MEDIA) TOWARDS THE DUTY OF PROSECUTION AND THE RULE OF LAW By ABDULKADIR AHMED*

Today, information are as swift as the old days gossips spread by the community observation officer (Amebo) more or so with the media other people get to know of your neighbor new purchase before you do all he need do is to post it and it is every where, the media (E-Media) have drastically change the time at which information travels that maybe one of it advantages or disadvantages. The media (E-media) has it own advantages but there is a very thin line between a responsible and irresponsible media. As the danger lies with the aftermath of a propaganda spread by an irresponsible media. Malcolm X (an activists) have this to say of an irresponsible media he said "This is the media an irresponsible media. It will make the criminal look like he's the victim and make the victim look like he's the criminal. If you aren't careful, the media will have you hating the people who are being oppressed and loving the people who are doing the oppressing" this he called "... a sort of a propaganda tactic that I will call psychological warfare." In recent years the media have been playing the prosecution job more than the Attorney generals office who is ordinary saddle with such responsibility, the media court operate on the inquisitorial system of administration of justice were the accused is guilty until he prove his own innocence. They play the prosecution, the judge and the executional. They convict on the scintilla of evidence called allegation and sentence on what they feel to be appropriate. They then cry foul when the conventional court do not do same. They forget the principle of separation of power which presupposes, each arms of government to operate independently of one another without any undue influence or interference in the internal affairs of the other. They also forget that the country is govern by the rule of law which is enshrine in the 1999 constitution (as amended 2011).

The rule of law as postulated by A. V. DICEY accommodate inter alia the following meaning;

That, ordinary law of the land is held to be supreme above the whims and caprice of the leader. Aristotle wrote: "It is more proper that law should govern than any one of the citizens"

That everybody is equal before the law. However, as George Orwell said in "Animal Farm" that all animals are equal but some are more equal than others.

Furthermore, the rule of law posit that due process of law should be follow.

Therefore, if a person as been alleged to have commit an offense, it is the duty of those saddle with the constitutional responsibility to see that the case is duely prosecuted and justice is served.

The Court of Appeal in HON. CHRISTAIN O. AGA & ORS V. JEREMY C. ONAH & ORS (2012) AELR 2769 (CA) Held as follows "Now it is a basis principle of the Rule of Law that however clear, well founded or justifiable a party may consider his legal right to be. It will be unconscionable and absurd for him to take the law into his hands by engaging in the act of self help where the other party disputes that right or is otherwise contesting it. He is to all intents and purposes expected to assert his right in such situations by following due process in the court of law which is the agency constitutionally endowed with the power and authority to determine the civil rights and obligations of the citizenry. It will therefore be nothing less than an act of subversion against the proper administration of justice for either party to a suit before a court to either directly or indirectly usurp that function. See also MILITARY GOVERNOR OF LAGOS STATE VS OJUKWU (1986) 1 NWLR (PT. 18) 621 and VASWANI TRADING COY. VS SAVALAKH (1972) 7 NSCC 692."

It is therefore, pertinent to service these media court with such notices that include, but, not limited to the following:

•That the court do not and will not go on an errand in fertility,

•That the court will not convict talk more of sentence base on mere allegation. Because the court do not work on speculations, this was aptly put by Justice Walter Onnoghen JSC (as he then was) in DR. AHMED MOHAMMED SALIK v. ALHASSAN UBA IDRIS & ORS (2014) AELR 3823 (SC) that, "A suit is speculative if it is based on speculation. A suit is speculative if it is not supported by facts or very low on facts but very high on guesses. As courts of law are not established to adjudicate on guesses but on facts such actions are struck out.

•That the court is guided by the law and will only abide to laws passed by the National or State Assembly or any other Subsidiary Legislation.

•That the court will only give what is ask for, in as much as it is within the armpit of law to do so. The court is not father Christmas It is elementary law that needs no citation of any authority that a court is not a Father Christmas. Its jurisdiction is generally limited to the issues presented to it. The court cannot generally make pronouncements that affect the parties before it without affording the parties the opportunity to address them on it. See for example Oyekanmi v. NEPA (2000) 15 NWLR (Pt.690) 414 S.C.

•That the court operate and will always abide by the rule of law.

I therefore leave you with the words of late Justice Taylor in Muhammad Oliyori's case. “…If we are to have our actions guided and restrained in certain ways for the benefit of society in general and individual members in particular, then whatever status, whatever post we hold, we must succumb to the rule of law. The alternative is anarchy and chaos….”

Thank you.

ABDULKADIR AHMED DL, Fati Lami Institute for Legal and Administrative studies, Minna, LL.B in view (BUK)