Israel Umoh
A retired Akwa Ibom High Court Judge, Hon. Justice Ifiok Ukana has advocated the democratisation of the Judiciary as an arm of government to enhance free flow of information to the public.
Speaking during a one-day symposium organised by Nigeria Union of Journalists (NUJ), Akwa Ibom Council, in collaboration with Akwa Ibom Judiciary, on the theme: Effective Crime and Court Reporting: The Role of the Media in the Administration of Justice. Justice Ukana described the Judiciary as a closed and mystery organization. Not much is known about it.’’
Justice Ukana, who presented a paper on the topic: Navigating the Minefield of Contempt in Covering the Judiciary, said ‘‘Let the truth be told, the Judiciary as one of the arms of government is the least reported and the most understood. This is a global problem, even in the most advance democracies,’’ Ukana said.
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He recalled that a lecture he once delivered that emphasised the essence of a free press as an essential pillar in democracy, noting ‘‘There is need for the judiciary at every opportunity to make pronouncement and declaration that promote freedom of the press.
According to him, this means the judiciary on its own will not hinder or put obstacles in the way of journalist covering the court. Our courts, except in some circumstances, sit in the open and journalists are welcome to cover its proceedings. I dare say that our courts need the press.’’
He pointed out that the operation of the judiciary is a mystery to a layman, stating ‘‘On account of the nature of the practice of the judiciary of law whether as the Bar or at the Bench, you will hardly find a Public Relations Unit or Information desk in our courts. This absence deepens the mystery of the judicial process. This is a contradiction to democracy.
‘‘All facets of a government of the people by the people for the people (that is democracy) must be opened. The press is the key and the breach in ensuring that the common man can see and know about what goes on in the judiciary.’’
The retired Judge opined that the judiciary must be innovative by creating or reserving a few seats for journalists during trials that attract tremendous public interest.
‘‘The media’s constitutional freedom is substantial, but it is not a licence to scandalise the court, distort proceedings, prejudge pending matters or publish material capable of obstructing the administration of justice.
‘‘Freedom of the press is not freedom from consequences, neither is contempt a convenient cloak for institutions that dislike scrutiny. That distinction is vital.
‘‘Hence the principle: Criticism Is a Public Highway Provided There Is No Malicious Intent. The media must be free to criticise the Police when the Police fail. It must be free to question judicial processes without manufacturing judicial conclusions. It must be free to scrutinise government.
‘‘It must be free to expose wrongdoing. It must be free to ask uncomfortable questions. But criticism must travel on evidence. Malice is not journalism’s fuel. Public interest is,’’ he added.
The state Director of Public Prosecutions, Mr. Friday Itim described the court room as the temple of Justice that must be treated with reverence, and activities are conducted in solemnity.
Mr. Itim, while presenting a paper entitled: Courtroom Etiquette, Judicial Communication, Understanding Legal Language/Court Decisions, Accurate Reporting and Avoidance of Misrepresentations, mentioned some of the courtroom etiquettes to include sitting before the presiding judicial officer, putting telephone on silence/vibration, non-interference with trial, and not taking pictures or recording videos, except by permission of the presiding of the court, among others.
To report court proceedings accurately, he said a journalist must understand judicial communication (language), especially such words as Suspect, Arraigned, Plea, Defendants, Counts, Discharge and Acquitted, Injunctions, and Striking Out,
The Director, therefore, called on journalists to maintain accurate and balanced reportage of court proceedings to avoid committing contempt of court, prosecution, sentencing and conviction.
