Kano Dala Dry Inland Port Scandal: Court Affirm Rights Of Journalist Refusal Of Source Of Information
From Muhammad Kabir, Kano
A Federal High court Kano sitting in Kano, upheld rights of Journalists in refusal to disclose source of their information, unless in a matter of breach of National Security or has direct link to the case.
In the same vein the court, affirmed it’s powers to subpoena a journalist to give evidence in a case before it, as submitted by Justice Simon Amobeda, the Presiding Judge in a Dala Dry Inland Port between Former Governor Ganduje and the Former Managing Director of the Port Ahmad Rabiu.
The ruling followed an argument between prosecution counsel SO Ekwe and Abubakar Balarabe Mahmoud SAN, defendant counsel in a suit instituted by the Inspector general of police against Ahmad Rabiu, founder of Dala Dry inland port as the source of a defamatory and cyber stocking story against Ganduje as been published in one of the Nation Online Media.
At the resume hearing of the case with reference number FHC/KN/CR/378/2025, prosecution Counsel had applied to bring Abubakar Ahmadu Maishanu, a reporter with Premium Times to the Witness box as prosecution last witness in the case.
The Online Media had published a report in September last year titled Investigation: Ganduje embroiled in Multi-billion naira Kano Dry port ownership scandal which alleged that the former governor converted 20 shares of Kano State to himself with his two sons made directors in the company leading to the arrest of Rabiu and his arraignment in court on six count charge bordering on cyber stalking and defamation.
Mahmoud argued that the witness was subpoenaed and the defendant was entitled to get the summary of what he will tell the court, saying a journalist can only be compelled to disclose his sources in a very narrow and limited circumstances.
The senior lawyer said journalists’ sources are protected unless the matter borders on national security, expressing his readiness to address the court with relevant legal authorities as the matter is fundamental to Nigeria’s legal order.
Ekwe,however, countered that the witness is a journalist with Premium Times who will not disclose his sources unless compelled by the court citing section 241 of Administration of Criminal Justice Act (ACJA) which provides that the prosecution can subpoena anyone to give evidence.
He asked the court to discountenance the defence lawyer’s argument.
In a short ruling, Justice Amobeda held that the prosecution filed a motion to call additional witness whose name was given and the defendant’s objection collapsed when records of service showed that the defense was duly served with the process ordering the witness to be affirmed and give his evidence.
The witness told the court his name is Abubakar Ahmadu Maishanu, a journalist with Premium Times and he is the author of the said publication.
When prosecution counsel asked him whether he received information from any one regarding ownership or directorship of the children of former governor of Kano State Umar Abdullahi Ganduje and Muhammad Abdullahi Ganduje on the board of Dala Dry inland port, the witness answered in the affirmative but when the lawyer asked him from who did he get the information, the defendant’s lawyer interfered raising objection that there must be a clear reason why that question is being asked.
He argued that it is an overreach on the side of the prosecution to ask the question because there must be a narrow circumstance to which disclosure can be compelled.
Prosecution counsel countered that a journalist can be compelled in law to disclose his source of information when the subject matter of that information is before the court.
At this point Justice Amobeda asked the lawyer to reframe his question since the journalist cannot disclose his source of confidential information unless he has a direct link to the case.
The lawyer then asked the witness how he came about his investigative report regarding Dala Dry inland port which he said was through multiple sources including government agencies restricting himself to the published report.
When the lawyer asked the witness to read a 2022 status report from Corporate Affairs Commission CAC, the names of directors of Dala Dry inland port including Aliyu Sanda,Rabiu Muhammad Rabiu,Ahmad Rabiu,Anwar Rabiu Iskayu and Abubakar Bawuro were revealed while the names of Umar and Muhammad Abdullahi Ganduje were not listed as directors or shareholders.
AB Mahmud said he no further questions for the witness but intends to file a no case submission.
Justice Amobeda then adjourned the case to October 15 for further hearing and notice of no case submission while the defendant should continue to enjoy bail previously granted to him
