That Obasanjo Book Launch …The Other Face Of Contempt

Former President Olusegun Obasanjo is not an ordinary Nigerian citizen. He has infact, assumed the status of a father of modern Nigeria, a political colossus, a great farmer and, in his own right, a national patriot.
These, perhaps, account for why, in months leading to the various political parties’ primaries, Obasanjo’s home in Ogun State, became a political Mecca of sorts, where, countless politicians paid homage and sourced valid advice concerning their ambitions.
To many others, Obasanjo is larger than life and one who is never afraid of courting controversies. From his public letters to incumbent President Goodluck Jonathan to the launch of his recent book – My Watch -, Obasanjo cuts the picture of one eager to tell his own side of every story.
These actions have often been criticised by some Nigerians as un-presidential, considering the fact that as one of the many Presidents and Heads of State, he should have appropriate channels of communication with the President in-power. Yet, others consider Obasanjo as a spent-political force seeking relevance or still desirous to govern Nigeria by proxy.
To such critics, Obasanjo’s public letters to Jonathan are merely diversionary, the principal intent being to be recognised in history as the most successful leader of government Nigeria has ever produced.
In which ever divide one finds oneself, there is no debate over the fact that Obasanjo wields tremendous power and influence even out of government, being the only Nigerian who has governed Nigeria both as military Head of State for more than two years and as democratically elected President for two-terms of eight years.
During these years, he enjoyed the loyalty, respect and obedience of many especially the judiciary, some of which Chief Judges’ appointments he okayed before National Assembly approval.
Such a towering figure ought to be feared by any judge or any court no matter how fearless such a judge may claim to be. That was perhaps why it came to the former President as a huge surprise that any court in the land could grant an injunction restraining him from carrying-out his book launch, an autobiography.
An Abuja High Court has on Friday, December 5, this year restrained Chief Obasanjo from publishing or have someone publish on his behalf, a new autobiography titled: My Watch.
Media reports said Justice Valentine Ashi made the restraining order while ruling on an exparte application filed and argued by Alex Izinyon (SAN), a lawyer of a PDP chieftain, Mr Buruji Kashamu.
The politician’s lawyer had argued that the content of the book related to issues contained in Obasanjo’s letter to President Goodluck Jonathan and a former PDP National Chairman, Bamanga Tukur, December 2, 2013 where he, (Obasanjo) claimed that Kashamu was allegedly a fugitive, wanted in the United States.
He contended that since the content of the letter was the subject of the libel suit his client filed against Obasanjo, which is still pending before the court, it was wrong for the ex-president to be allowed to proceed to comment on, write books about or make publications on the issue yet to be decided by the court.
Justice Ashi, in a ruling, restrained Obasanjo from either publishing the book or have it published on his behalf by anybody, pending the determination of the main suit still before the court.
“The defendant, Chief Olusegun Obasanjo, whether by himself, his agents, servants, privies or any other person by whatever name called and howsoever described, is hereby restrained from publishing or cause to be published in the yet to be published book, ‘My Watch’, or any autobiography or biography and any extracts of same, by whatever name called or howsoever titled, pending the hearing and determination of the motion on notice hereof,” Justice Ashi ordered.
The Judge further restrained Obasanjo and his agents “from further writing, printing, publishing or causing to be published or printed or circulated, or otherwise, publishing of and concerning the plaintiff, the statement contained in the Daily Sun, (Pages 47-49) and The Leadership Newspapers (Pages 3 to 8) on December 12, 2013, and which statements are alleged to have reproduced in the letter to the President of the Federal Republic of Nigeria titled: ‘Before It Is Too Late’ or similar statements pending the determination of the motion on notice.”
The Judge also ordered the applicant to “execute a bond the Registrar of the court to pay such damages as shall be assessed should it turn out that the order ought not to have been granted in the first place.”
He then adjoined hearing on the main suit to December 10.
Shortly after Obasanjo published the open letter, ‘Before It Is Too Late,’ Kashamu had sued the author for alleged defamation of character. He had argued that the defendant (Obasanjo) “maliciously and recklessly published a letter, which contained words which Obasanjo knew to be false.”
In his writ of summons, Kashamu stated that the criminal imputation made against him by Obasanjo in his letter has injured him (Kashamu).
It was for these and other reliefs sought that the Abuja Court issued the restraining order against Obasanjo’s book publication.
But the book was not only published, it was publicly launched amidst pomp and pageantry. A vintage Obasenjo spoke during the launch and decried the issuance of such a restraining order.
“If it were when we have a Judiciary that is worth its salt, such a judge that issued an injunction on Friday ought to be sanctioned. How dare he issue such an order,” Obasanjo queried.
For that action, Chief Obasanjo was found guilty of contempt by the court which ordered the withdrawal of copies already sold or displayed in public places.
Obasanjo has since appealed against the court’s ruling explaining that the injunction was issued after a completed event. “As at the time the order was made, the book had been published and circulated,” Obasanjo’s legal team argued.
This attempt is not to delve into the rightness or wrongness of the book launch against a subsisting court order and defamation suit, because that is the responsibility of the court. Any attempt to attempt may appear prejudicial to the case or this writer may risk contempt, and not being as influential as Obasanjo, could spend this Christmas in prison.
That’s exactly the point. Why should a judge issue an injunction against the planned programme of a man like Obasanjo? A former Military Head of State and a former democratically elected President of Nigeria for two terms. The Third Term attempt was truncated and many blamed Obasanjo for its sponsorship.
‘My Watch’ was supposed to provide Obasanjo an opportunity to among others, shift the blame, sorry tell his own side of the story. And he did so by explaining that The Third Term agenda was not his, but that of some state governors, who he said hoped to benefit from it. That he had no hand in it, didn’t like it, but also didn’t or could not stop it?
If Obasanjo had obeyed the court order, when would the book launch take place? It was properly timed to come up the time it did, before the elections when, uncertain of electoral fortunes, politicians of the day will increase the possible minefield of likely friends, donors and sponsors. Such a number leans out after elections. And that’s a risk no general can take.
My Agony is that the court did not consider the urgency of Obasanjo’s defence against the third term agenda, before issuing the order stopping the unveiling of the book. If Obasanjo had obeyed the court order, how would we have known that the former President did not have a hand in efforts to give him a third term opportunity?
Even courts ought to know that some Nigerian citizens are above the law and do enjoy immunity from criminal prosecution, like contempt. Even out of office, Obasanjo belongs there, though not legally but by force of history.

Soye Wilson Jamabo

Obasanjo