How court awarded me N100m against GTB – Brutalised journalist
What do you think about the judgment? I think this is victory for Journalism profession as a whole. I may be at the centre of the landmark judgment the effect is on every practitioner. It is unfortunate that people think that journalists are bunch of nuisance without right to their practice. But with this, we […]
What do you think about the judgment?
I think this is victory for Journalism profession as a whole. I may be at the centre of the landmark judgment the effect is on every practitioner. It is unfortunate that people think that journalists are bunch of nuisance without right to their practice. But with this, we can start correcting that wrongly held notion. It is about time people stopped trampling on the rights of journalists with impunity and gladly, the court has come out to say so.
How did it occur?
It all started almost three years ago. Precisely on Friday, December 11, 2009 at about 11a.m, I came across a peaceful protest around the premises of the Area III, Garki Branch of Guaranty Trust Bank, GTB, in Abuja. As a journalist, it was instinctive for me to stop and find out what was happening, which I did. On getting there, I realised that the people were protesting some fraudulent withdrawals from the account of one of the customers of the bank amounting to about N490, 000. Controversially, this fraudulent withdrawal was done in one night with an ATM card, which is in contrast with N60, 000 daily withdrawal limit of the Bank. The protesters opined that there must have been insider collusion to aide such colossal withdrawal in one night.
As required of a journalist, taking some photographs of the protesters alongside their comments, I made efforts to balance the report by attempting to speak with the Bank Manager or whoever was competent enough to speak on the issue, but I was denied access to the bank. At this point, I decided to leave for my office. I was on my way back to my car when a combined team of some of the bank officials and policemen on patrol came after me. They asked me to stop and I did. The bank officials who got to me first requested that I give them my camera, which I refused. I told them that I did not know them and it was not proper for me to just give them my camera as it is my working tool. They attempted to forcefully take it and I resisted. It was at this point the police swooped on me and started rough handling me, panel beating my face and calling me criminal, armed robber. They seriously assaulted me and inflicted bodily injuries on me until I fell down and became unconscious. They later bundled me into their van and took me to their station in Garki village. While the beating was going on, they held the gun against me and threatened to shoot to kill me if I uttered any word and nobody would do anything about it. At that point they confiscated my phones and they denied me the opportunity to make or receive calls from my boss, colleagues and relatives. It was at the station they later gave me the phones. When they came after me, they didn’t even ask me who I was or what I was doing at the scene.
The only question I got from them was: “where is the camera, who did you give the camera to?” They came with the wrong assumption planted inside of them by the GTBank officials that I may have given my camera to somebody else whereas the camera was with me at that time. And before I could say a word, they started punching me as if I was wrongly matched in a boxing bout against the Klitschko Brothers until I became unconscious and fell down. Even at that, they didn’t stop. They bundled me into their car and ferried me to their station. They eventually forcefully took the camera from me after so much beating. They also took my digital recording device and I could not find my official working identity card and some of the money I had in my pockets before the beating. As a matter of fact I had no reason to resist arrest. Apart from the feeling of innocence, I am also an accredited police and crime correspondent with police accreditation tag issued from the Force Headquarters. If they had asked for my identity, I would have given them.
What process did you pass through to get justice?
Well I felt my fundamental human right had been trampled upon and I approached the law firm of Festus Keyamo. There I met a fine gentleman, Bar Ugochukwu Ezekiel-Hanks. They took up the case and followed it legally. At some point, it was frustrating considering the fact that we had to do this for almost three years but we were motivated by the zeal to do the right thing. As you may already be aware, we have to pass through High Court Judges before this judgment was delivered.
Was there any move by the Bank to settle out of court?
Yes, but that was before the Court started sitting. They approached me through officials and consultant in their Media and Communications Unit but we couldn’t agree because I felt they were operating through the back door, an act, which to me was tantamount to seeking black market resolution. They got my phone number somehow and called me after the report of the incident hit the news stand. In one breath they apologised to me over the incident and in another, they were still denying they did it. I was not comfortable with their shaky position. To me, I think If you were not involved, why say sorry? I told them that if they wanted to discuss anything about the incident, they shouldn’t do it through phone. They should leave that their Lagos Office from where they were calling me and come to Abuja and talk to my lawyers and officials of the Nigerian Union of Journalists. They said I should tell both the NUJ and my lawyers to hands off and I said no because this is a professional thing. It is not just about Desmond being beaten up but the denigration of our own noble profession. But as if that was not enough insult, they made financial offer, calling me to send my account number to them for them to pay money in. but I turned it down. At that point their Communications consultant said I should remember that the Bank has a formidable legal team and that they can finance any court case and I told him so be it.
How did your company support you to ensure that you get justice?
They were there all through with all the encouragement. Particularly, I am grateful to Mr Bayo Onanuga, my MD/Editor-in-Chief, a thorough bred professional who is my mentor and like a father to me. My senior Editor, Babajide Kolade-Otitoju and all members of staff of the organisation. Indeed, I am proud of all my bosses & colleagues in my office, TheNEWS magazine and PM News. I remain eternally grateful for that opportunity given to me to cut my teeth here. Those rigorous trainings and disciplinary measures have really helped to shape my life and conduct. I couldn’t have wished for a better breeding ground.
What are your hopes of getting the money?
The law is clear on this and it is a judicial matter. If the court has handed down a verdict, I am sure they will be there to enforce same. We have a good case and we are sure all journalists will have course to further celebrate this in the future.
What will you do with the money?
I travelled to the United States recently and when I was inside the Lufthansa Air craft, I had the opportunity of watching a movie: SuperMan. One message I took away from there was that “great power comes with great responsibility. Sometimes you are given an opportunity and that may not actually be for your personal aggrandisement but to better the course of mankind. As much as I don’t see the money as the primary issue here, I however hope it comes speedily for us to support the profession in putting some things right. It is my firm belief that if journalists cannot fight for their rights, then they have no responsibility fighting for that of others.
How has the judgment reinforced your belief in the nation’s judicial system?
I have heard and read some stories about the judiciary which some of the Chief Justices of Nigeria and other legal icons have all expressed concern about but I think that with the return to democracy, things are taking a new turn and this judgment has further confirmed that. Otherwise, how would I, a David in this scenario have fought and defeated a bank and the entire police force with all the money and security apparatuses at their disposal? I must say that the judgment has further strengthened my faith in the country, Nigeria; The judgment has further strengthened my faith in the judiciary as the last hope of the common man; The judgment has further strengthened my faith and I am more than ever before emboldened to carry on in my beloved profession, journalism.
What lesson did you learn from this?
Like I said earlier, on that fateful day, I was handled like a common criminal by the officials of the Police and GTBank. I was denied my right and debased. They made my profession appear criminal and me, a nuisance, prompting a million thought in me. But today I am more than ever proud to be a journalist. You see, I could have train to become a Police officer, but I did not though I was once offered that opportunity by former IGP, Tafa Balogun; I could have trained to become an engineer, but I did not; I could have trained to become a doctor, but I did not; I could have trained to become a banker, accountant or a financial expert but I did not; I could have trained to become anything else, but I decided to be a Journalist against all odds and against the majority position so I can offer voice to the voiceless, help in the defence of human right and promotion of laudable course of my people, fight for equality and social justice, join forces with like minds in the quest for an egalitarian society; a society where constitutional liberty and the tenets of fundamental human rights are allowed to play out freely.