A Federal High Court sitting in Kano has upheld the right of journalists to refuse to disclose their sources of information, except in matters involving a breach of national security or where the information has a direct link to a case before the court.
The court also affirmed its power to subpoena a journalist to give evidence in a case before it. Justice Simon Amobeda, the presiding judge, made the pronouncement during proceedings in a case involving Dala Dry Inland Port, between former Kano State Governor Abdullahi Umar Ganduje and the former Managing Director of the port, Ahmad Rabiu.
The ruling followed arguments between prosecution counsel, S.O. Ekwe, and Abubakar Balarabe Mahmoud, SAN, counsel to the defendant, in a suit instituted by the Inspector-General of Police against Ahmad Rabiu, founder of Dala Dry Inland Port. The police accused Rabiu of being the source of a defamatory and cyberstalking report against Ganduje published by an online media platform.
At the resumed hearing of the case, with reference number FHC/KN/CR/378/2025, the prosecution counsel applied to bring Abubakar Ahmadu Maishanu, a reporter with Premium Times, to the witness box as the prosecution’s final witness.
The online media platform 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 belonging to Kano State to himself and made his two sons directors in the company. The report led to the arrest of Rabiu and his arraignment on a six-count charge bordering on cyberstalking and defamation.
Mahmoud argued that the witness had been subpoenaed and that the defendant was entitled to receive a summary of what he would tell the court, adding that a journalist could only be compelled to disclose sources under very narrow and limited circumstances.
The senior lawyer said journalists’ sources are protected unless the matter borders on national security, adding that he was prepared to address the court with relevant legal authorities because the issue was fundamental to Nigeria’s legal order.
Ekwe, however, countered that the witness was a journalist with Premium Times who would not disclose his sources unless compelled by the court. He cited Section 241 of the Administration of Criminal Justice Act (ACJA), which provides that the prosecution can subpoena anyone to give evidence.
He urged the court to discountenance the defence counsel’s argument.
In a short ruling, Justice Amobeda held that the prosecution had filed a motion to call an additional witness, whose name was provided, and that the defendant’s objection collapsed as records of service showed that the defence was duly served with the process ordering the witness to be affirmed and give evidence.
The witness told the court that his name was Abubakar Ahmadu Maishanu, a journalist with Premium Times, and that he was the author of the publication in question.
When prosecution counsel asked whether he received information from anyone regarding the ownership or directorship of the children of former Kano State Governor Abdullahi Umar Ganduje and Muhammad Abdullahi Ganduje on the board of Dala Dry Inland Port, the witness answered in the affirmative.
However, when the lawyer asked who provided the information, the defendant’s lawyer intervened, raising an objection and arguing that there must be a clear reason why the question was being asked.
He argued that it was an overreach on the part of the prosecution to ask the question, stressing that there must be a narrow circumstance under which disclosure could be compelled.
The prosecution counsel countered that a journalist could be compelled by law to disclose the source of information when the subject matter of that information was before the court.
At this point, Justice Amobeda asked the lawyer to reframe his question, noting that the journalist could not disclose his confidential source unless it had a direct link to the case.
The lawyer then asked the witness how he obtained information for his investigative report regarding Dala Dry Inland Port. The witness said it was through multiple sources, including government agencies, while restricting himself to the published report.
When the lawyer asked the witness to read a 2022 status report from the 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.
A.B. Mahmoud said he had no further questions for the witness but intended to file a no-case submission.
Justice Amobeda subsequently adjourned the case to October 15 for further hearing and notice of the no-case submission, while ordering that the defendant should continue to enjoy the bail previously granted to him.
