28th June
By Chuks Ehirim,Rotimi Fadeyi (Abuja) and Victor Efeizomor (Lagos)

They are charged with alleged seditious publication.

The judge ordered them to be remanded in the custody of the State Security Service (SSS) in Abuja until Thursday when the trial would continue.

He advised the lawyers representing the journalists to file formal applications for bail.

About 30 lawyers from different parts of the country as well as several local and international journalists were in court in solidarity with the accused persons.

Ted Iwere, Executive Editor of Independent Newspapers and Raymond Dokpesi, Chairman of Daar Communications, owners of AIT, also witnessed the proceedings.

Durojaiye and Aruleba are arraigned on a six-count charge of alleged conspiracy to commit a seditious act against President Olusegun Obasanjo.

The allegation arose from the story published in Daily Independent on June 12, titled "Controversy Over Age, Cost Of Presidential Jet".

The plaintiff is the federal attorney general, who filed the case on behalf of the government.

The defendants are Durojaiye, Aruleba, Independent Newspapers Limited (INL) and AIT.

Godswill Mrakpor, from the law firm of Demola Bakre, represented Durojaiye.

Funmi, wife of human rights lawyer, Femi Falana, appeared for INL. Okey Uzoho, from the chambers of Chris Uche, appeared for Aruleba and AIT.

Anthony Nwapa, from the Open Society Initiative for West Africa (OSIWA), represented the human rights community.

Durojaiye dressed in a yellow shirt on jeans trousers and Aruleba wore a dark blue suit over a white shirt as they were brought to court.

Both pleaded not guilty to the charges.

After Federal Director of Public Prosecution (FDPP), Salihu Aliyu, prayed the court to allow the charges to be read in order to take the plea of the journalists, their lawyers insisted that under various provisions of the law, bail application must be entertained.

Mrakpor argued that the offence of sedition, with which Durojaiye is charged, is a simple one which attracts a two-year imprisonment or an option of N200 fine, if found guilty.

According to him, the offence is classified in law as demeanour and not felony, which is a grave one.

But the judge said he would not entertain oral application for bail, that it should be presented formally.

Uzoho insisted that under the law, the court must not shut out the application for the bail since the right of the accused persons to liberty, guaranteed in the Constitution, is being threatened.

His words: "Under Section 340 (1) of the CPA, an accused person is entitled to be granted bail when arraigned before a court when the offence is bailable. Offences of sedition are bailable.

"Offences of sedition are purely defamation. What is contained in the proof of evidence and the charge sheet is that the accused persons revealed information about the Presidential jet. The jet has had three air mishaps. The last one was on May 16, the day the third term crashed in the Senate".

Mrakpor reminded the judge that with the arraignment of the journalists, democracy is on trial and history will tell whatever step anyone takes on the matter.

He said the court should not be intimidated by the word "sedition" in the charge sheet.

According to him, the Supreme Court has long declared that charging anyone with the offence of sedition is illegal and unconstitutional and should be flushed down the drain of history with the end of colonialism.

He explained that the offence of sedition infringes on the constitutional right of freedom of expression and that the action of the government is to muzzle the press.

But Aliyu, the government counsel, argued that the court should consider the likelihood of the accused persons committing the offence and the gravity of the offence before deciding on bail.

He spoke of the possibility of the government filing more charges against the journalists as investigation is still in progress.

The judge adjourned further hearing till Thursday to entertain formal applications for bail.

Mrakpor, Durojaiye's counsel, filed the motion for bail on Tuesday afternoon, supported by a 25-paragraph affidavit deposed to by Rotimi Fadeyi, a Senior Correspondent in the Abuja Bureau of INL.

After the ruling, Conference of Nigerian Political Parties (CNPP) Publicity Secretary, Osita Okechukwu, condemned the action of the government.

He challenged it to produce the receipt of the purchase of the aircraft to show that it is a new one.

Also, Iwere recounted that the story was published to protect the life of Obasanjo.

Said he: "We thank God that the government has decided to bring this matter to the open court so that both sides have the opportunity to proof their point. All we are trying to do is to protect the life of the President.

"Between September and December 2005, there were three air accidents in this country and we lost lives, well over 210 people - foreigners and Nigerians.

"When this Presidential aircraft started having problems within three weeks of its inauguration, we suspected something was amiss and what we are trying to do is to ascertain the true age and the airworthiness of the aircraft - to assist the President to maintain his safety, to preserve him and his cabinet".

Former Nigerian Bar Association (NBA) President, Wale Olanipekun, condemned the arrest and detention of the two journalists as unconstitutional.

In a democratic system of government, he stressed, there is freedom of speech and expression; besides, there is nothing like sedition in the Nigerian Constitution.

Another former NBA President, OCJ Okocha, criticised the high handedness of the security operatives and urged the authorities to follow the due process of law in handling the matter.

Former Head of State and Presidential candidate of the All Nigeria People Party (ANPP) in 2003, Mohammadu Buhari, alerted that Obasanjo and the Peoples Democratic Party (PDP) have re-introduced the repressive and anti-media Decree Number 4 into the penal code through the back door.

He said the President is waging a war against the media because of their dogged fight against the third term plot.