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Journalist charged with violating Official Secret Acts

 

On November 2, 2006, the Federal Government Nigerian filed criminal charges against Mr. Shehu Garba, a former President of the Nigerian Guild of Editors and currently media consultant to the Vice President, Alhaji Atiku Abubakar, at the Federal High Court in Abuja accusing him of violating the Official Secrets Act.

 

Garba was charged with illegally obtaining, reproducing, and retaining documents relating to the death, in a bomb blast in 1997, of Bagauda Kaltho, then Kaduna State correspondent for "The New"' magazine.

 

The three-count charge against Garba alleged that:

 

.Between January 2001 and September 2006 he obtained classified matter, namely the intelligence summary on the suspected involvement of Kaltho in the Kaduna Durbar Hotel bombing and thereby committed an offence under section 1(1)(b) of the Official Secrets Acts;

 

.During the same period, he reproduced and retained the same classified matter in violation of the same section the Official Secrets Act.

 

His trial could not proceed on November 2 as the trial judge, Justice Binta Murtala Nyanko, was attending a conference. The trial was fixed for December 14, 2006.

 

Bagauda was killed in mysterious circumstances in 1997 and subsequently accused by security agents of planting the bomb that killed him at the Durbar Hotel in Kaduna, northern Nigeria. The allegations at that time provoked a public outcry from his employers and human rights organizations in the country who alleged that he was killed by the repressive government of the late dictator, General Sani Abacha.  Garba was President of the Nigerian Guild of Editors at the time of Kaltho's death.

 

Garba had a running battle with security and intelligence agents from the middle of the year following a series of press statements he issued and along with dozens of supporting documents, including bank cheques, which he released to the media alleging corrupt practices committed by Nigerian President, Olusegun Obasanjo, and several presidential aides. His house and offices were raided and searched by security agents while he was arrested and detained on a number of occasions.

 

Garba was also previously charged with obtaining confidential documents which he was not authorized on behalf of the Government to obtain. However, the previous charges against him did not specify what classified document he obtained. His lead counsel, Mr Adeniyi Akintola (SAN), filed a notice of preliminary objection to the earlier charge on the ground that it did not disclose the particulars of the offence for which he was charged.

 

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