A Federal High Court sitting in Kano has affirmed the right of journalists to protect their sources of information, holding that a journalist cannot be compelled to disclose a confidential source except in limited circumstances, such as where national security is involved or where the source has a direct link to the case before the court.
Justice Simon Amobeda gave the ruling in the ongoing case involving the former Managing Director of Dala Dry Inland Port, Ahmad Rabiu, who is being prosecuted following a complaint linked to a publication concerning former Kano State Governor, Abdullahi Umar Ganduje.
The suit, marked FHC/KN/CR/378/2025, was instituted by the Inspector-General of Police against Rabiu over allegations of cyberstalking and defamation arising from an online report on the ownership structure of the Dala Dry Inland Port.
The publication, reportedly made by Premium Times in September 2025, was titled “Investigation: Ganduje Embroiled In Multi-Billion Naira Kano Dry Port Ownership Scandal.” It alleged, among other things, that Ganduje converted Kano State’s shares in the company and that his two sons were made directors.
At the resumed hearing, prosecution counsel, S.O. Ekwe, sought to call Abubakar Ahmadu Maishanu, a Premium Times reporter and author of the report, as the prosecution’s final witness.
Defence counsel, Abubakar Balarabe Mahmoud, SAN, objected to aspects of the proposed testimony, arguing that although the journalist had been subpoenaed, the defendant was entitled to know the summary of the evidence he would give.
Mahmoud also argued that a journalist’s source of information is protected and can only be disclosed in narrow and exceptional circumstances, particularly where national security is involved.
He said the issue was fundamental to Nigeria’s legal order and indicated his readiness to address the court with relevant authorities on the protection of journalistic sources.
Responding, the prosecution argued that the court had the power to subpoena any person to give evidence under Section 241 of the Administration of Criminal Justice Act.
Ekwe submitted that the witness, being a journalist, could be compelled by the court to give evidence where the subject matter of his publication is directly before the court.
In a short ruling, Justice Amobeda held that the prosecution had filed a motion to call an additional witness and that the defence had been duly served with the necessary processes.
The court therefore allowed the journalist to enter the witness box.
Maishanu told the court that he is a journalist with Premium Times and the author of the publication in question.
When asked by the prosecution whether he received information regarding the alleged ownership or directorship of Ganduje’s children in Dala Dry Inland Port, the witness answered in the affirmative.
However, when the prosecution asked him to disclose who gave him the information, defence counsel objected, insisting that there must be a clear and compelling basis before a journalist could be required to reveal a confidential source.
The prosecution maintained that a journalist could be compelled to disclose a source where the information forms the subject matter of a criminal case.
Justice Amobeda then directed the prosecution to reframe the question, holding that a journalist cannot be compelled to disclose a confidential source unless the source has a direct link to the case.
The prosecution subsequently asked the witness how he came about the investigative report on Dala Dry Inland Port.
Maishanu responded that the report was based on multiple sources, including government agencies, while restricting himself to the contents of the published story.
The prosecution later asked the witness to read from a 2022 status report from the Corporate Affairs Commission on the directorship of Dala Dry Inland Port.
The document reportedly listed the directors as Aliyu Sanda, Rabiu Muhammad Rabiu, Ahmad Rabiu, Anwar Rabiu Iskayu and Abubakar Bawuro.
The names of Umar Abdullahi Ganduje and Muhammad Abdullahi Ganduje were not listed in the document as directors or shareholders.
After the witness gave his evidence, Mahmoud, SAN, informed the court that he had no further questions for him but intended to file a no-case submission.
Justice Amobeda adjourned the matter to October 15, 2026, for further hearing and notice of no-case submission.
The court also ordered that the defendant should continue to enjoy the bail earlier granted to him.
The post “Court Upholds Journalist’s Right To Protect Source In Ganduje Dry Port Case” — Says Disclosure Can Only Be Compelled In Limited Circumstances appeared first on TheNigeriaLawyer.