A human rights lawyer, Femi Falana, has responded to a threat by a former president of Zambia to institute contempt proceedings against a Nigerian activist over a newspaper article by a Lusaka-based newspaper.
Rupiah Banda, who was Zambia president between 2008 and 2011, accused Olanrewaju Suraju of the Civil Society Network Against Corruption (CSNAC) of undermining court proceedings by speaking about an ongoing legal matter.
The Post, a Zambian newspaper, had published an article on April 16 titled ‘Nigerians to follow their oil money in Zambia’ where it quoted Suraju as saying that Nigerians are ready to mount pressure on the president-elect, Muhammadu Buhari, to demand repayment of money realized from an oil concession deal with the Zambian government.
Suraju was reacting to an investigation by Mutembo Nchito, Zambia’s director of public prosecution, of the former president for allegedly diverting the proceeds of the oil concession deal.
But the former Zambian president described the publication as “contemptuous and meant to undermine court proceedings as there is a matter currently going on before court relating to the said article.”
Banda, who wrote through his lawyers, directed Suraju to retract his statement or face arrest and trial for contempt of court.
Between 2011 and 2012, the Zambian government received 20,000 barrels of crude oil daily from the Nigerian government at a heavily subsidised rate.
Nchito, who is prosecuting Banda and his son, Henry (who had fled to South Africa), is now facing a tribunal in Lusaka over charges of abuse of office.
Banda is suspected to be the brain behind the state-sponsored prosecution of Nchito.
In his response, Falana said that there is no legal justification for the former Zambian president to threaten his client (Suraju) with contempt of court based on his statement in the said article.
“More so, that he was only exercising his human right to freedom of expression guaranteed by Article 9 of the African Charter on Human and Peoples’ Rights,”said Mr. Falana, a Senior Advocate of Nigeria.
“Since our client has neither accused any judge of bias nor exposed the judiciary of Zambia to ridicule in any manner whatsoever, you may wish to direct the attention of your client to the case of The People v. David Masupa, High Court (1977) Zambia L.R. 226 where it was held that what was required to prove contempt was an express allegation of bias on the part of a judicial officer.
“However, should you decide to embark on contempt proceedings in the circumstance, kindly note that our client will take advantage of the case to provide further information on the said article.”
Meanwhile, Femi Falana has called for the reinstatement of the former inspector general of police, Suleiman Abba, on the grounds that the sacking of the police boss did not comply with constitutional provisions.
The Post, a Zambian newspaper, had published an article on April 16 titled ‘Nigerians to follow their oil money in Zambia’ where it quoted Suraju as saying that Nigerians are ready to mount pressure on the president-elect, Muhammadu Buhari, to demand repayment of money realized from an oil concession deal with the Zambian government.
Suraju was reacting to an investigation by Mutembo Nchito, Zambia’s director of public prosecution, of the former president for allegedly diverting the proceeds of the oil concession deal.
But the former Zambian president described the publication as “contemptuous and meant to undermine court proceedings as there is a matter currently going on before court relating to the said article.”
Banda, who wrote through his lawyers, directed Suraju to retract his statement or face arrest and trial for contempt of court.
Between 2011 and 2012, the Zambian government received 20,000 barrels of crude oil daily from the Nigerian government at a heavily subsidised rate.
Nchito, who is prosecuting Banda and his son, Henry (who had fled to South Africa), is now facing a tribunal in Lusaka over charges of abuse of office.
Banda is suspected to be the brain behind the state-sponsored prosecution of Nchito.
In his response, Falana said that there is no legal justification for the former Zambian president to threaten his client (Suraju) with contempt of court based on his statement in the said article.
“More so, that he was only exercising his human right to freedom of expression guaranteed by Article 9 of the African Charter on Human and Peoples’ Rights,”said Mr. Falana, a Senior Advocate of Nigeria.
“Since our client has neither accused any judge of bias nor exposed the judiciary of Zambia to ridicule in any manner whatsoever, you may wish to direct the attention of your client to the case of The People v. David Masupa, High Court (1977) Zambia L.R. 226 where it was held that what was required to prove contempt was an express allegation of bias on the part of a judicial officer.
“However, should you decide to embark on contempt proceedings in the circumstance, kindly note that our client will take advantage of the case to provide further information on the said article.”
Meanwhile, Femi Falana has called for the reinstatement of the former inspector general of police, Suleiman Abba, on the grounds that the sacking of the police boss did not comply with constitutional provisions.
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