Federal High Court Kano Upholds Journalists’ Right to Protect Confidential Sources
A Federal High Court sitting in Kano has reaffirmed the right of journalists to protect their confidential sources, ruling that reporters cannot be compelled to reveal the identities of their informants except under exceptional circumstances.
Justice Simon Amobeda delivered the ruling during the ongoing trial involving the former Managing Director of Dala Dry Inland Port, Ahmad Rabiu, who is facing prosecution over allegations connected to a publication involving former Kano State Governor, Abdullahi Umar Ganduje.
The case, numbered FHC/KN/CR/378/2025, was filed by the Inspector-General of Police against Rabiu over accusations of cyberstalking and defamation arising from an online report on the ownership structure of the Dala Dry Inland Port.
The report, published by Premium Times in September 2025, was titled “Investigation: Ganduje Embroiled In Multi-Billion Naira Kano Dry Port Ownership Scandal.” The publication alleged that Ganduje converted Kano State’s shares in the company and that two of his sons were appointed as directors.
During the resumed proceedings, prosecution counsel S.O. Ekwe called Premium Times reporter Abubakar Ahmadu Maishanu, the author of the report, as the prosecution’s final witness.
However, defence counsel Abubakar Balarabe Mahmoud, SAN, challenged parts of the planned testimony, arguing that although the journalist had been subpoenaed, the defence had the right to know the nature of the evidence he was expected to provide.
Mahmoud emphasized that journalists’ sources are protected under legal principles and can only be disclosed in rare situations, such as matters involving national security or where the source has a direct connection to the case before the court.
He told the court that the protection of journalistic sources was a fundamental issue within Nigeria’s justice system and indicated his readiness to present legal authorities supporting the privilege.
The prosecution, however, argued that the court had the authority to compel any individual to provide evidence under Section 241 of the Administration of Criminal Justice Act.
Ekwe maintained that because the journalist’s report was directly related to the criminal proceedings, the court could require him to answer questions about the publication.
In his ruling, Justice Amobeda allowed the journalist to testify, noting that the prosecution had properly filed its application to call an additional witness and that the defence had been served with the necessary documents.
Taking the witness stand, Maishanu identified himself as a Premium Times journalist and confirmed that he authored the investigative report.
When asked whether he received information concerning the alleged ownership structure of Dala Dry Inland Port and the directorship of Ganduje’s children, the reporter answered in the affirmative.
However, when the prosecution asked him to reveal the identity of the person who provided the information, the defence objected, arguing that there must be a strong and legally justified reason before a journalist could be forced to disclose a confidential source.
Justice Amobeda agreed with the objection, directing the prosecution to reframe the question. The judge held that a journalist cannot be compelled to reveal a confidential source unless that source has a direct link to the matter being tried before the court.
The prosecution then asked Maishanu to explain how he obtained information for the investigative report.
The journalist stated that the publication was based on multiple sources, including government agencies, while limiting his testimony to the contents of the published article.
During further questioning, the reporter was asked to read from a 2022 status report from the Corporate Affairs Commission (CAC) regarding the directorship of Dala Dry Inland Port.
The document reportedly listed Aliyu Sanda, Rabiu Muhammad Rabiu, Ahmad Rabiu, Anwar Rabiu Iskayu, and Abubakar Bawuro as directors.
The names of Umar Abdullahi Ganduje and Muhammad Abdullahi Ganduje were reportedly not included in the document as either directors or shareholders.
Following the journalist’s testimony, defence counsel Mahmoud informed the court that he had no further questions for the witness but would proceed with a no-case submission.
Justice Amobeda adjourned the matter until October 15, 2026, for further proceedings and consideration of the no-case submission.
The court also ordered that Ahmad Rabiu should continue enjoying the bail previously granted to him.
