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The Sun
Newspaper Challenges the Constitutionality of its Forfeiture
The Sun Publishing Limited, publishers of The Sun newspapers titles is
in court contesting the forfeiture of its assets and accounts to the
federal Government following the interim order of forfeiture granted the
Economic and financial Crimes Commission (EFCC) by a Federal High Court
in Abuja.
The firm told the Court that the order was an assault on press freedom
and also patently unconstitutional
The Federal High Court had, following the prosecution of Dr. Orji Uzor
Kalu for alleged corruption, granted the EFCC power to freeze the
newspaper’s operational accounts pending the determination of the suit
against Dr. Kalu a major stakeholder in the media house.
However, counsel to The Sun newspapers, Chief Chris Uche (SAN) argued
that the order violated the spirit and letter of the Nigerian
constitution, which presumes a man innocent until proved guilty.
He also said that the issues the case raises were fundamental and
deserves serious attentions of the court. According to him, “The first
is the issue of freedom of the press guaranteed by the Constitution of
the Federal Republic of Nigeria. The second is the constitutionality or
otherwise of an interim forfeiture of assets without conviction, trial
or hearing of the affected party in a court of law. The resolutions of
these issues, among others, are very germane.”
In its response, the EFCC promised not to tamper with the operations of
the company until the determination of the suit against Dr. Kalu, whom
it claimed wholly owned The Sun. It contended that freezing the account
of the media house will not lead to its collapse as it was prepared to
manage and run the operations of the medium and that none of the staff
of the medium would be sacked.
EFCC therefore urged the court not to grant the request by The Sun
Publishing Company seeking for a variation of the order freezing its
operational accounts; the EFCC said it would ensure that the company was
not shut down as a result of its legal altercation with it.
The EFCC alleged that Kalu had illegally transferred the state funds
into Slok Nigeria Limited accounts from which, money was taken to buy
the New Republic Newspapers, which it alleged was later changed to The
Sun newspapers.
The sun countered the submission, by detailing its operational accounts
and activities since it commenced full operations.
Chief Uche said: “In the course of the trial, we will be able to prove
beyond all reasonable doubts that the EFCC is not correct in the case as
relates to my client. The Sun is a responsible, law-abiding media
organization, appropriately called Voice of the Nation. There is no
illegality in its operations.”
Justice Anwuri Chikere had on July 24, 2007, through an exparte order,
given the nod for a temporary forfeiture of all assets and bank accounts
of the former governor of Abia State, Dr. Orji Uzor Kalu, to the Federal
Government, pending the outcome of his trial. The Sun Publishing Company
Ltd is one of the ex-governor’s assets
At thee resumption of hearing on October 5, the Sun Newspaper made a
legal bid to stop the EFCC from taking over the management of the paper.
Hearing was adjourned to January 21, 2008.
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