Libel Case of the Century
lou lotus1989, Libel Case of the Century
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Abstract
About the Author by Erick Otema Allimadi (Former Prime Minister of Uganda) "There is nothing more natural," wrote Dr. Naphlim Akena Adoko in his book Mr. Minister, "than that a person endowed with sensibility should entertain respect and even affection towards his leaders. Yet , there is now nothing more certain than that the conduct of many people who have found themselves in position of respect and affection has been such that nobody in his senses could contemplate with approbation ." No one should thus be surpnsed that public expositions of the conduct of public officers which cannot be 'con tem plated with approbation ' have been the main mission of Dr. Adoko's life. Various newspapers in Uganda have described him as 'a thorn in the flesh ' of the corrupt elements in society' ( The Equator) , 'the torch bearer searching for inciden ces of the corrupt usage of power' (M unnansi), and as 'a person who never shrinks from describing a character , however grotesque , or an inciden t , however chilly' ( The People). While launching a book by Akena Adoko , entitled Coups and Corruptions in Africa, the Rev. Douglas Dean described Dr. Adbko as a disinterested artist who should be permitted wide latitude to expose mercilessly the disagreeable aspects of life. In that book , Adoko argues that ,in Africa today, coups are evils which have become necessary against governments headed by tyrants such as Emperor Jean-Bedel Bokassa and President Macias Nguema. He also argues that , as government is the greatest concern of aJl men , a leader who abuses the power of government should be liable to the greatest reproach . The book was such a reproach. It was not the first reproach of its kind. During President Milton Obote's second rule of Uganda, Dr. Adoko, who was then the managing director of the government-owned National Textiles Board , wrote a letter to all members of Parliament informing them that the Minister of Industry (in charge of the Textiles Board) and his own cousin , a general manager of a subsidiary company of the Board , had corruptly SH AP E\ *M ER GE FO RM AT obtained over 300 million shillings. Said Dr. Adoko, "I am the ma nager: I know the facts. I am also a lawyer: I know the law of libel." It was a bombshell. Parliamen t went into pandemoni um . Ha rdly any business was transacted that day. Notices were later given of the intention to sue for libel , although no suit was ever instituted . Adoko also brought a constitutional case against the Chief Justice of Uganda for a breach of oath of office. Withi n the month , the Chief Justice was dismissed. Af ter the fall of the Obote and the Okellos governmen ts, Dr. Adoko filed a constitutional case against the government of President Yoweri Museveni for usurping judicial functions vested in the court of law. He swore an affidavit to the effect that he had learnt 'with shame and consternation' of the withdrawal, by the Director of Public Prosecutions , of a criminal case that Dr. Adoko had instituted against a general manager of a public corporation. The case concerned the acquisition by fraud of a sum of money exceeding eight thousand million Uganda shiJlings. To Adoko, the withdrawal of that prosecution was a disgraceful abandonment of the principle that cases be withdrawn only on the basis of jutlicial consideration, and not in order to protect the accused person. The withdrawal of that case dealt a serious blow to the image and trustworthiness of the govern men t and the judiciary in the eyes of the public . Exposing abuses of power is, however, a risky job. Those exposed do not take it lying down . Dr. Adoko found himself severely criticised for the role he was alleged to have played as Chief General Service Officer during Obote's first rule. He had been responsible for the coordination of intelligence information for the use 2 of the Cabinet Security Committee of which he was secretary. He was accused of having been responsible for detentions. When Obote's first government fell, therefore, President ldi Amin appointed a Commission of Enquiry to investigate Akena Adoko and the General Service Department . Intense investigations were car ried out which completely exonerated Dr. Adoko. At that point, the Enquiry was discontinued. Furthermore, a British jury awarded Dr. Adoko a large sum in damages against an author, who, in a book , had repeated the allegation about the violation of huma n rights. The book had to be withdrawn from circulation and both its pu blishers and printers went into liquidation . In his book From Obote to Obote, Adoko has explained his role as Chief General Service Officer. He says it was a service of honour without any power of arrest , in terrogation or detention. "I never acted in the dark ," he stated. Nor was it really possible for him to act 'in the dark'. He was, at the same time, Presiden t of the Uganda Law Society and Chairman of the Uganda Professional Centre, i.e. head of the Uganda profession al association . In these capacities, he was very much involved in ensuring the rule of law. To that end, he visited the prisons and successfully pleaded for the release of several detainees including Chief Magistrate Mpungu, advocates Dan Nabudere and Abu Mayanja , and many others. As a result of the constitutional case Dr. Adoko had instituted against the government of President Yoweri Museveni a decision was made to dismiss him from the government. But, there was no way of doing so without creating a worse scandal. Ultimately it was resolved that the National Textiles Board, managed by Adoko , be wound up. One sentence to that effect was inserted in the budget speech. Shortly afterwards, the Adoko family was chased out of their own house by the police, who threatened them with detention on suspicion of sympathisi ng with guerrillas. Much against their will, they were obliged to seek political asylum outside their motherland . As Dr. Adoko is a Bri tish-trained barrister , and his wife is a British-trained State Registered Nurse and Sick Children'sNurse,theycame toexileinBritainwheretheirqualificationsentitle them to earn their livelihood. While they were here , the Museveni govern ment exonerated the General Service Department of allegations of human rights violations. Ihave known Dr. Adoko since February 1960. He is a man who believes passionately that reason should be accorded supreme importance in the conduct of public affairs. In this book , he contends that, in the Jeffrey Archer libel case, reason was not given its due place in Justice Caulfield summing up to the jury . That is the theme of the book. A ll that constitutes an enchanting epic poem is to be found in the book: concealment, recognition revela tion , vicissitudes, and surprise upon surprise. No wonder therefore that the account brings a lump to the throat. As may be expected from an author who is a Papal Knight , the book is sprinkled with biblical quotations . (Dr. Adoko is a Papal Knight of Saint Gregory the Great.) Those of us who are close to him affectionately call him 'Sir Naph' .
