Court tells Ganduje he can't force journalist to reveal sources on dry port report

Justice Simon Amobeda of the Federal High Court in Kano has said that a court can ask a journalist to testify. But the journalist has the right to protect their sources unless those sources are directly linked to the case.

This ruling came after a heated debate between prosecution lawyer S.O. Ekwe and defense lawyer Abubakar Mahmoud.

The fight started from a case filed by the Inspector-General of Police against Ahmad Rabiu. This is linked to a PREMIUM TIMES report about who owns Dala Inland Dry Port Limited.

During the hearing on Monday, in case number FHC/KN/CR/378/2025, the prosecution wanted to call PREMIUM TIMES reporter Abubakar Maishanu as a witness.

Mr Maishanu wrote an investigative report published by PREMIUM TIMES in September last year. The report showed how former Kano State Governor Abdullahi Ganduje secretly gave away the state’s 20 percent stake in the dry port to private individuals.

This move made Mr Ganduje’s children co-owners of the company just before the state awarded a contract worth over ₦4 billion to improve the port’s facilities.

The deal ended Kano State’s share in the project. Mr Ganduje’s children and his aide, Abubakar Bawuro, became directors and shareholders in the company.

Mr Rabiu, the defendant, faces six charges, including cyberstalking and defamation. Ganduje’s lawyer linked Mr Rabiu to the leaked documents used in the report.

But Mr Rabiu denied this claim.

In the court session, Mr Maishanu took the stand and was asked under oath by Mr Ekwe if he would reveal how he got his information for the report.

After Mr Maishanu said yes, Mr Ekwe asked the court to force the reporter to reveal his sources.

Mr Mahmoud, a Senior Advocate of Nigeria, quickly objected. He said that since the witness had been subpoenaed, the defense should know what he would say.

He argued that a journalist should only reveal their sources in very rare cases.

Mr Mahmoud compared it to other professional rules. He said, "Just as a lawyer cannot be forced to tell a court about private talks with a client, and a doctor cannot reveal a patient’s condition, a journalist should not be forced to name their sources."

He added that journalists’ sources are legally protected unless the matter threatens national security. He was ready to present legal backing for this principle in Nigeria.

In reply, Mr Ekwe argued that the court could indeed compel the witness. He pointed to Section 241 of the Administration of Criminal Justice Act (ACJA), which allows the prosecution to ask anyone to give evidence in criminal cases.

Mr Ekwe urged the court to ignore the defense’s objections.

Justice Amobeda briefly ruled that the prosecution had filed a motion to call an additional witness whose name was correctly given (Mr Maishanu).

Since proof of service showed the defense had been properly notified, the defense’s initial objection failed.

However, about the demand for source disclosure, the defense insisted that forcing a journalist to reveal their sources is a serious overreach.

The prosecution argued that disclosure is allowed when the confidential information is currently before the court.

At this point, Justice Amobeda stepped in. He told the prosecution to rephrase their question and keep it within the law.

"I will stop you if your questions to the journalist break the law," the judge warned the prosecution lawyer.

Following this, the prosecution rephrased the question, asking the witness how he gathered his information on the Dala Dry Inland Port.

Mr Maishanu said he got his information from many sources, including state and federal government agencies. He limited his answers to what was already in the published report, which is public information.

The prosecution then asked the witness to read from a 2022 Corporate Affairs Commission (CAC) status report. This document showed the names of the directors with major interests in the Dala Dry Inland Port, including Mr Rabiu and Abubakar Bawuro.

After this, Mr Mahmoud said he had no further questions for the witness and planned to file a “no-case submission.”

Justice Amobeda then released Mr Maishanu and postponed the case to 15 October for further hearing and to file the no-case submission.

Dala Inland Dry Port Limited was set up on 8 December 2003. At that time, its only directors were the founder, Ahmad Rabiu, and his son, Rabiu Ahmad Rabiu.

Two years later, on 19 January 2005, four new directors were added: Abdulaziz Haladu, Anwar Isyaku-Rabiu, Diepreye George, and Abdullahi Kwaru.

Records obtained by this newspaper show that on 5 March 2020, Mr Ganduje’s three children and his associate, Mr Bawuro, replaced Mr Rabiu’s son and the other directors from 2005.

Minutes from the company’s Annual General Meeting on 5 March 2020, at its Zaria Road office in Kano, confirmed that Abdulaziz Abdullahi Umar, Umar Abdullahi Umar, and Muhammad Abdullahi Umar, all children of Mr Ganduje, were made directors of Dala Inland Dry Port Limited.

At that same meeting, the state government lost its share in the dry port. The Ganduje children were not just made directors but also shareholders, each owning 5 million shares.

According to the meeting's “ordinary resolution,” it was “attended by all the shareholders,” and “it was unanimously resolved” that Abdulaziz Abdullah Umar, Umar Abdullahi Umar, and Muhammad Abdullahi Umar, the three children of Mr Ganduje, be given five million shares each, which is 20 percent of the total 25 million shares in the company.

Mr Rabiu and Mr Bawuro were also each given 20 percent, creating a new ownership structure with five equal shareholders, each holding 20 percent of the company’s shares.

This new structure pushed the Kano State Government out of ownership.

The state government said proper procedures were not followed in the divestment. They accused Mr Ganduje of misusing his office to harm the state.

The state government has charged Mr Ganduje and three others in the state high court.

They face ten charges, including criminal conspiracy, misappropriation of public funds, breach of trust, and conflict of interest.

The Kano State Government charged Mr Ganduje along with his aide, Mr Bawuro, his lawyer, Adamu Aliyu-Sanda, and the former Managing Director of the Nigerian Shippers’ Council, Hassan Bello.