Justice on Trial: Confronting Human Rights Violations in Kaduna State

By Steven Kefas

In a powerful address at the Maxwell Kyon Foundation Seminar in Kaduna, Human Rights Lawyer and CEO of House of Justice Nigeria, Gloria Mabeiam Ballason laid bare the alarming state of human rights in Nigeria, with a particular focus on the egregious violations witnessed in Kaduna State under the governance of Nasir Ahmad El-Rufai.

Ballason, a fervent advocate for justice and the rule of law, pulled no punches in her scathing indictment of the systematic erosion of fundamental rights, which she described as a continuation of the abysmal record of previous military regimes in the country.

“There are no words to describe the abysmal human rights record in Kaduna state, especially under the ‘democratic regime’ of Mallam Nasir Ahmad El-Rufai,” Ballason declared, her voice ringing with conviction.

The litany of transgressions detailed by Ballason painted a grim picture of a state where the sanctity of human life and dignity has been repeatedly trampled upon. Thousands of lives have been lost, from the ravaged villages of Birnin Gwari to the bloodshed in Southern Kaduna, with violence sparing no sanctuary – be it schools, churches, or mosques.

Ballason recounted the harrowing incident of December 3, 2023, when a Nigerian Armed Forces drone strike on Tudun Biri in Igabi Local Government Area, purportedly targeting bandits, instead rained death upon a village, claiming hundreds of innocent lives. The chilling discrepancy between the official death toll of 88 and Amnesty International’s figure of 120 only underscored the callous disregard for human life.

Beyond the loss of life, Ballason chronicled a relentless campaign of oppression, with widespread demolitions of houses and businesses without court orders, arbitrary land seizures, and the desecration of traditional institutions. Journalists, activists, and traditional leaders found themselves behind bars, their voices silenced in a climate of fear and intimidation.

“The governor honored the constitution in breach rather than in compliance, even arrogating to himself powers in the exclusive legislative list on holidays and currency, for example,” Ballason stated, her words dripping with outrage.

However, the culpability extended beyond the executive branch, as Ballason turned her gaze upon the judicial sector, questioning the tepid response of lawyers and judges in the face of such blatant violations of the rule of law.

“From the Nigeria Bar Association’s refusal to sue the government in the face of egregious human rights violations to how it looked away when Alhaji Inuwa Abdulkadir, a very senior member, a former Attorney General and Commissioner of Justice had his house demolished because of his dissenting opinion… to how some of the courts sometimes enabled these violations by detaining innocent citizens whose actions have no probable inclination to crimes except that the government wants to persecute them, the judicial sector must admit that we could have done more,” Ballason asserted.

Her call to action was unequivocal: the judiciary must reclaim its independence and uphold the principles of justice enshrined in the Fundamental Rights Enforcement Procedure Rules. Judges and magistrates must be insulated from executive intimidation, whether through withholding of salaries or the dangling of proverbial carrots.

Ballason also challenged the role of the Attorney General’s office, questioning the inherent conflict of interest when the government’s legal representative enables and supervises human rights violations at the behest of the executive.

“There should be no conflict when the question of justice arises,” Ballason declared, drawing inspiration from Guatemala’s efforts to bring perpetrators of civil war atrocities to justice, where the Attorney General’s office has worked hand-in-hand with citizen-based and private initiatives to seek accountability.

In a poignant moment, Ballason reminded the audience that the fight against injustice and human rights abuse transcends the boundaries of institutions or factions – it is a battle between right and wrong, good and evil, humanity and inhumanity.

“Each of us must choose whether we want to fight on the side of the right or we want to play on the side of wrong. We must make a choice against good and evil, humanity or inhumanity. We must choose a side because there is no fence to straddle,” she implored.

Ballason’s clarion call echoed the words of Lord Acton, warning against the corrupting influence of unchecked power, and underscoring the necessity of upholding the separation of powers enshrined in the philosophies of John Locke and Baron Montesquieu.

As the seminar drew to a close, Ballason’s stirring words lingered in the air, a sobering reminder of the pressing need for accountability and a renewed commitment to the protection of human rights in Kaduna State and beyond.

“May all who come behind us find us faithful, and may the fires of our devotion light their way. May the justice we embody encourage them to believe. May the lives we live inspire them to be courageous in the face of injustice, and may history be kind to us all,” she concluded, her voice a beacon of hope amidst the darkness.

In a nation where the promise of democracy has been tarnished by the bitter taste of oppression, Ballason’s impassioned plea resonates as a call to action – a demand for a reckoning, a restoration of the inviolable rights that define our shared humanity.

Imprisonment and Release of Rhoda Jatau Highlights Deep Injustices in Nigeria’s Blasphemy Laws

By

Steven Kefas

The recent release of Mrs. Rhoda Jatau from prison is a welcome relief after the Christian mother of five spent 18 agonizing months jailed under Nigeria’s controversial blasphemy laws. However, her ordeal highlights the deep injustices that persist due to legal loopholes that allow religious extremists to carry out extrajudicial killings with impunity.

Mrs. Jatau’s only “crime” was allegedly sharing a video condemning the brutal murder of Deborah Samuel, a young Christian college student who was beaten, stoned and burned to death by Muslim mobs in Sokoto in May 2022 over unproven allegations of blaspheming the Prophet Muhammad. For daring to speak out against the merciless killing of Deborah, Mrs. Jatau was swiftly arrested and imprisoned in Bauchi state under the same problematic blasphemy statutes.

Mrs Jatau during a court session in Bauchi

The very existence of blasphemy laws in Nigeria’s constitution is concerning, as they violate basic human rights to freedom of speech and thought. But more alarming are the ways these laws enable radicalized mobs to become judge, jury and executioner, murdering anyone deemed to have transgressed Islamic teachings without any evidence or due process.

The blasphemy law is contained in section 204 of the Nigerian criminal code and has been a subject of debate and controversies over the years but the big question is; who determines what constitute blasphemy and in what circumstances should such be determined?

While the provision of section 204 stipulates a two year imprisonment for ‘anyone who commits an act any class of persons consider as public insult on their religion’, in northern Nigeria the punishment is instant execution according to Shariah law for anyone who is perceived to have committed blasphemy. Victims have often met with instant death by stoning without trial. This also contradicts the provisions of the Shariah law which allows blasphemers to be tried before execution.

“Any person who does an act which any class of persons consider as a public insult on their religion, with the intention that they should consider the act such an insult, and any person who does an unlawful act with the knowledge that any class of persons will consider it such an insult, is guilty of a misdemeanour and is liable to imprisonment for two years.” Section 204 of the Nigerian Criminal Code.

The Shariah law originally is supposed to be applicable to only Muslims but because of the ambiguity of the Nigerian constitution and by extension the legal system, non Muslims have often come under outright attacks and sometimes murder for accusations of blasphemy.

Deborah’s case is the latest in an ongoing string of tragic violence and loss of life suffered by religious minorities under blasphemy allegations. In 2007, Christian teacher Christiana Oluwatoyin Oluwasesin was beaten and burned to death for allegedly desecrating the Quran by her Muslim students in Gombe state. Over the past decade, multiple cases have emerged of Christians being brutally assaulted or killed over unfounded claims of insulting Islam. In 2016, 74 year old Bridget Agbahime was murdered and beheaded by Muslims in Kano for allegedly commuting blasphemy.

Yet seldom do the perpetrators face justice for so casually extinguishing innocent lives. Deborah’s murderers were arrested, but a judge ruled there was insufficient evidence to prosecute. By failing to fully enforce the law to protect victims, Nigeria’s institutions have fostered a culture of impunity that grants extremists a license to kill.

Nigeria’s constitution claims to uphold principles of justice, liberty and the sanctity of human life. But in allowing ambiguous blasphemy statutes to remain in place, it contradicts itself. These laws directly endanger the country’s Christian minorities living in the north and other vulnerable groups, enabling violence against the very people the government has a duty to protect.

The Middle Belt Times calls upon the Nigerian government to take active steps to prevent future tragedies unfolding as they did for Deborah and Mrs. Jatau. Blasphemy laws must be decisively repealed, religious extremism mitigated through education and dialogue, and institutions reformed to apply the law justly wherever malicious incidents occur.

Above all, the fundamental human rights and dignities of ALL Nigerians must be upheld, regardless of religious affiliation. Only then can the dangerous climate of fear and impunity stoked by blasphemy allegations be extinguished for good. The time is now to let reason, compassion and the rule of constitutional law prevail.

Steven Kefas is a Human Rights Defender, a Citizen Journalist and Minority Rights Advocates. He is a former Kaduna former prisoner of conscience now living in exile.

This House Must Not Fall

…Being an Address by Gloria Mabeiam Ballason Esq, C.E.O. House of Justice, at the 8th House of Justice Summit on Friday 24th November, 2023 at Epitome Events Centre Barnawa Kaduna-Nigeria

PROTOCOLS:

On behalf of the Management and Staff of House of Justice, I am truly delighted to welcome you to the historic city of Kaduna for the 8th House of Justice Summit & Burgundy Ball Banquet.

This is an annual civic gathering that enables the review of the biggest challenge in Nigeria and the African continent and invites those we consider most suited to curating solutions to enlighten and teach us so we can overcome those challenges.

As a private Justice multi-door house, we realize that if human beings create problems, it will behoove some other human beings to find solutions. In the normal course of events, we would have lingered on platitudes, but there is an urgency of now to which we must review electoral accountability and democratic stability because there is a straight line that leads from one to the other.

The tell signs are in Burkina faso, Sudan, Guinea, Mali and our next door neighbor, Niger. And with the murmuring sounds in Nigeria of the overturn of popular electoral votes, there is the need to very quickly review the imperative for the peoples votes and choice to be respected.

In recent times we have seen the state of our nation in the blighting endurance of citizens who are working past exhaustion to have a better country but are constantly being hit on the blindside and subdued to choices of leaders they did not make and an economy that, according to the World Poverty Clock assessment, makes it difficult for the 133 million multi-dimensionally poor Nigerians, to breath.

No one would have imagined that between August 2022 to August 2023, the average retail price of fuel will move from N189 to N626- an over 330% increase in just a year. The word that flies is subsidy removal but the presidency seems to not appreciate that a surgery without anesthesia is just as risky as the disease itself.

There is of course, a sharp decline in productivity as a number of state governors have struggled to contain the debilitating effect of the fuel hike on their public work force and so have reduced the work days, this remedial act, is in itself a direct violation of the Constitution which puts labour and public holiday under the exclusive legislative list.

Running up to the 2023 elections, Nigerians mobilized to choose leaders they hoped will make the difference they desire. The Independent National Electoral Commission (INEC) which promised to ensure credible elections through the use of Bimodal Voters Accreditation System (BVAS) to reveal results in real time on the IREV portal violated their own rules and sought alibi in system failures.
INEC had a 2015 precedence of not delivering on the promise it claimed the smart card readers would deliver. On both counts, INEC’s failure to count and account for the sweat, tears and blood that often accompanies the Nigerian vote, has not met any consequence. At the minimum, there should be a refund to national coffers the huge sum for the purchase of these electoral gadgets and an inquiry on why INEC failed on its part of the bargain.

To be clear, Nigerians are not asking for smart card readers, BVAS or IREV. They just want their votes to count however that is done.
Indeed, it has not helped that the onus to prove substantial compliance rests on candidates while INEC sadly, enjoys presumption of regularity. One clear effect of this undeserved presumption is that two successive senate presidents, who violated the Electoral Act by running for two offices at the same time, sit pretty at the National Assembly. Are there no more standards to leadership? Did they take thought on the legacy and precedence this creates?

And while we linger on that thought, the overturn of popular mandate by persons and institutions- including the Courts, has become all too worrisome. Popular votes are sometimes overturned by the Court. This flies in the face of section 14 (1) and (2) of the 1999 Constitution which states that the Federal Republic of Nigeria shall be a state base on the principles of democracy and social justice. (2) It is hereby accordingly declared that sovereignty belongs to the people of Nigeria from whom governments through this constitution derives all its powers and authority.’

Of the Supreme Court case of Hope Uzodinma V. Emeka Ihedioha, where a candidate who came first in elections was substituted with the one who came fourth, Supreme Court Justice Centus Nweze said ‘This court has powers to overrule itself and can revisit any decision not in accordance with justice…This Judgment will continue to hunt our electoral jurisprudence for a long time to come.’
In October, 2023,about a month ago,Hon. Justice Dattijo Muhammad, a Supreme Court Justice who rose to become the second most senior Justice of the Supreme Court shocked many when he, in his valedictory speech gave an insider account of corruption in the judiciary which manifests through the subversion of merit, lopsided composition of the Justices of the Supreme Court, skewed composition of the panel that decided the President Bola Ahmed Tinubu’s election, loss of the judiciary’s prestige and public confidence- a situation he described as an unprecedented low sink.

The situation is perhaps best described by my friend whose job description requires him to be apolitical but puts it this way:
“ Nigeria takes for granted leadership at every level and does not think about the implications on our existence as a nation. We have dropped the bar so low that governance is an all- comers game and the polity treats politics and political matters like supporting a football club with blind pseudo loyalty and no long term thought other than ‘we won’. We have normalized chaos and political debauchery and sanctified moral decadence.The corrupt are worshipped and given a place of honour, while the morally upright are ostracized”

My friend’s football metaphor resonates. The challenge however is that in the Nigerian situation, laws and rules are on suspension. There are no yellow cards or red cards, just win howsoever and whensoever. This is dreadful as we have no separate country for those politicians or government officials who violate the laws different from the rest of us. The laws must therefore be allowed to speak a consistent language so it works for everyone.

Today we are a country awakened to the danger of treating the Constitution as a list of suggestions rather than the grund norm. The pain of citizens has turned to anger and despondency but that anger needs to be converted to resolution. Whether we take leadership to standards or bring standards to leadership, we must keep on the front burner the thought that a country which has no leadership threshold and which honours its laws in breach rather than in compliance is not a country that will proceed beyond its woes.

And so for myself, for House of Justice and for our nation and continent, I want to thank you for honouring our invitation with your hope that I believe will not make ashamed. I welcome most respectfully and warmly, Nigeria’s conscience, our Keynote Speaker, the Most Rev. Dr. Matthew Hassan Kukah, the Chairman, Senator Shehu Sani, the Special Guest of Honour, Hon. Justice K.B. Akaahs OFR JSC (Rtd), the outstanding faculty of speakers and doers of the High Panel Discussion and the Professionals who will be proferring solutions and action points. I have no doubt that we shall together find a method to our challenges if we let none hear us idly saying there is nothing I can do.

Kaduna,Friday 24 November, 2023.

Echoes of Justice: Human Rights Lawyer Urges Police to Harmonize Truth in Mohbad’s Death

Abuja-based human rights lawyer, Pelumi Olajengbesi, has urged the police authorities to ensure justice prevails in the ongoing investigation into the death of the late singer Ilerioluwa Aloba, widely known as Mohbad. Olajengbesi stressed the importance of delivering justice following the recent autopsy conducted on Mohbad’s exhumed remains.

In a statement posted on his Facebook page on Friday, September 22, Olajengbesi called on the police to conduct a thorough and top-notch investigation, leaving no stone unturned. He emphasized that those implicated in the case should not be spared, regardless of their social standing or connections. Olajengbesi highlighted the necessity of holding wrongdoers accountable and ensuring that justice is served.

He stated, “Fingers have been pointed at specific individuals in the Mohbad case. The police and the Lagos State Government must not shy away from investigating these individuals rigorously. The investigation should be comprehensive, and those responsible must face the consequences, without any exceptions. There must be no room for impunity.”

Olajengbesi concluded by underscoring the significance of justice in maintaining social order and preventing misconduct. He called upon the police to deliver a thorough and fair investigation, emphasizing that justice must prevail to safeguard the nation.

Meanwhile, it has been reported that the Lagos State Police Command has successfully exhumed Mohbad’s remains, as confirmed by the state police spokesperson, Benjamin Hundeyin. The next step in the process is to conduct an autopsy on the exhumed corpse.

Women Protest Army Highhandedness In Rivers Community

Women of Ibaa community in Emohua Local Government Area of Rivers State have protested against the actions of some Amy Personnel deployed to the community to protect some critical National assets.

The aggrieved women on Saturday, matched to Rumuji Police Station carrying placards bearing different inscriptions and demanded the removal of the soldiers deployed to the community.

They also accused the Army of abandoning their primary duty and beating up and harassing nursing and pregnant women and innocent youths of the community.

Some of the women who spoke to newsmen said most recently, there was an incident where the soldiers beat up a pregnant woman and ordered her to sit on the floor which is against the tradition of the land after they meant the absence of her husband who was the target, while in another claim, the soldiers beat up a woman and her two children and later detained them for days for refusing to carry locally refined illegal product which they seized from somewhere to their office.

The women told the Divisional Police Officer in charge of Rumuji Station that they are comfortable with the security provided by the police in collaboration with local vigilantes in Ibaa, insisting that the soldiers, whom they accused of working with some individuals with questionable character in the community should be removed to save them and their children.

One of the protesters, Ruth Adele said: “The Army in the community are coming to molest our people by arresting the women when they go to their houses to look for their children.

“If they do not see their target they beat up their mothers and go to the extent of beating up the pregnant women. One as I am talking now is in labour and our culture is against married women sitting on the ground. We want the Army to pack out of our land because they are not doing their work.

“They sent Army to come and protect the community but Army is not doing there the right thing, they are breaking into people’s houses and packing their property, raping our women, and beating our pregnant women.”

Meanwhile, the Nigerian Army, 6 Division Port Harcourt has denied any involvement in such allegations, saying they are unsubstantiated while emphasising that the troops are professionals that strictly follow rules of engagement.

Reacting, the Acting Deputy Director, Public Relations of 6 Division Headquarters, Major Jonah Danjuma said: “One thing I want to assure you is the fact that the allegations against our troop are unfounded and unsubstantiated. I want to assure the good people of Rivers State that our troops are professionals who conduct operations in the best professional manner with adherence to the rules of engagement, and respect for the fundamental human rights, in line with the best global practices.

“I want to reassure you that our troops will not be involved in such an act.”

SOURCE: The Guardian

COAS: Civilian Protection, Human Rights Issues Require Special Attention

The Chief of Army Staff, Lt. Gen. Taoreed Lagbaja has said the protection of civilians and their basic rights require special attention as it takes up a lot of field commanders’ time.

He noted that the service involves interfacing with human rights advocacy groups in all theatres of operations to ensure the issues are well understood and put into practice.

Lagbaja spoke at an event organised by the Army themed, ‘National Security and the Complexities of Human Rights’ in Abuja on Wednesday.

Represented by the Chief of Administration Army, Maj. Gen. Jimmy Akpor, Lagbaja, noted that the Army was trained to conduct operations in line with humanitarian laws and authorised rules of engagement.

Lagbaja said, “The Nigerian Army Human Rights Seminar was conceptualised to engage organizations, security agencies, media, and other stakeholders involved in human rights advocacy and the protection of civilians in conflict areas on the issues relating to human rights during conflicts. The protection of civilians and their basic rights requires special attention as it takes up a lot of field commanders’ time.

“Our troops are also deployed to checkmate the activities of the separatist IPOB in the Southeast while carrying out operations to deal with ethnic and occupational-based conflicts in the North Central region of the country. The South-South and South West also have crises of militancy, cultism, and oil theft as well as an assortment of well-armed criminals.

“These deployments involve kinetic and non-kinetic approaches that require collaboration between security agencies and all well-meaning individuals and organisations. I wish to state that securing a country within the ambit of the contemporary security environment involves harnessing the efforts of citizens in a ‘whole of the nation approach’ because the operations are conducted within civilian populated areas.”

This aspect of warfare and conflict management requires the harnessing of the potentials of other actors within the multi-dimensional operating environment. Hence, the articulation of my Command Philosophy seeks to transform the Nigerian Army into a well-trained, equipped, and highly motivated force achieving our constitutional responsibilities within a joint environment.

SOURCE: Punch

Free Damilola Ayeni: Coalition Demands Freedom Of Nigerian Journalist Arrested In Benin Republic

The Coalition of Whistleblowers Protection and Press Freedom (CWPPF), Wednesday, demanded the immediate freedom of a Nigerian journalist detained in Benin Republic.

The journalist, Damilola Ayeni, Editor of the Foundation for Investigative Journalism (FIJ), is being detained at the Commisseriat Central, Parakou Police Station, in Parakou, Republic of Benin, by the Beninese police.

THE WHISTLER gathered that he was arrested on 31st August 2023, and accused of jihadism. He risks between 10 and 20 years in prison.

The CWPPF, in a release, said, “The accusation of Mr Ayeni being involved in jihadist activities lacks credible evidence and appears to be politically motivated, raising concerns about the misuse of anti-terrorism laws to suppress free speech and dissent in the subregion.

“His arrest without due process also violates internationally recognized human rights standards, including the right to a fair trial and the right to freedom of expression.

“This act by the Beninese police has raised serious concerns about the state of press freedom and human rights in Benin Republic, as well as the broader implications for journalists working across the region.”

The coalition condemned the ‘unjust arrest of Damilola Ayeni’ and called on the government of the Republic of Benin and the government of the Federal Republic of Nigeria to ‘take immediate action to rectify this situation, thereby upholding the principles of justice, rule of law and respect for human rights’.

It added, “We stand united in demanding the immediate release of Mr Ayeni, and the dropping of all unfounded charges. Diplomatic efforts, media campaigns, and advocacy will continue until justice is served.”

The CWPPF is a group of media and civil society organisations committed to upholding good governance and democracy by protecting the ethos of whistleblowing, freedom of expression and press freedom.

SOURCE: The Whistleblower

Media Suppression Sparks Outcry: HURIWA Condemns Banning Of Journalists from Presidential Villa

The Human Rights Writers Association of Nigeria (HURIWA) has strongly criticized the withdrawal of accreditation for journalists and media outlets covering the Presidential Villa. HURIWA condemned this move, calling it undemocratic and treacherous. They also expressed concern over the recent invasion of African Independent Television and Ray Power FM stations in Rivers State by suspected state government agents.

HURIWA, led by its National Coordinator, Emmanuel Onwubiko, expressed shock that President Tinubu, who has a strong media background, selectively chose which media houses could cover the State House in Abuja, describing it as a disappointing irony. They emphasized that this decision is irrational, undemocratic, and unconstitutional, and it goes against the principles of a free press outlined in Nigeria’s 1999 constitution.

HURIWA also highlighted a related incident where the Rivers State Government shut down the operations of Africa Independent Television (AIT) and Raypower FM in Port Harcourt. They called on the Minister of FCT to intervene and lift the ban on AIT in Rivers State, emphasizing that such actions are against the public interest and affect the livelihoods of employees in the region.

Urgent Plea for Enhanced Security: HURIWA Calls for Specialized Units to Safeguard University Hostels

The Human Rights Writers Association of Nigeria (HURIWA) has called upon President Bola Tinubu to direct his Education Minister, Tahir Mamman, to collaborate with security forces in establishing specialized security units within state commands. This call comes in response to the ongoing security breaches plaguing universities, including attacks on female hostels and sexual violations by armed individuals, which HURIWA characterizes as coordinated acts of terrorism and a national crisis.

Emmanuel Onwubiko, the National Director of HURIWA, expressed deep concern over the escalating menace and urged the government to prioritize the security of university assets. He strongly criticized the lack of effective and proactive security measures from both federal and state governments to combat the rising tide of crime. Onwubiko stated, “We find it disconcerting that for many years the tertiary institutions in Nigeria are being attacked and female students systematically raped and violated, but these heinous crimes against humanity have not received the kind of attention from the office of Nigeria’s president as it should.”

He emphasized the urgency of the situation and proposed the creation of an immediate security taskforce to address these issues comprehensively. Onwubiko pointed to specific incidents, including a recent attack at the University of Calabar, a robbery at Rivers State University in Port Harcourt, and a robbery targeting students at the University of Ibadan, as alarming examples of the persistent security challenges that continue to afflict university campuses across the nation.

SERAP Files Lawsuit Against Tinubu for Illegally Banning 25 Journalists from Presidential Villa Access

The Socio-Economic Rights and Accountability Project (SERAP) has filed a lawsuit against President Bola Tinubu over “the unlawful ban and withdrawal of the accreditations of 25 journalists and media houses from covering the Presidential Villa.”

According to reports, the Federal Government recently withdrew the accreditations of some 25 journalists from covering activities at the Presidential Villa, Abuja. The affected journalists were simply told at the main gate of the Presidential Villa to submit their accreditation tags.

In the suit number FHC/L/CS/1766/23 filed last Friday at the Federal High Court in Lagos, SERAP is seeking: “an order to direct and compel President Tinubu to reverse the revocation of the accreditations and ban on 25 journalists and media houses from covering the Presidential Villa.”

SERAP is seeking: “an order of perpetual injunction to restrain President Tinubu or any other authority, person or group of persons from arbitrarily and unilaterally revoking the accreditations of any journalists and media houses from covering the Presidential Villa.”

SERAP is also seeking: “a declaration that the withdrawal and revocation of accreditation tags and ban on the journalists and media houses from covering the Presidential Villa without any lawful justifications is inconsistent with the rights to freedom of expression, access to information, participation, and media freedom.”

FIRS
In the suit, SERAP is arguing that: “If not reversed, the arbitrary ban on the journalists from covering the Presidential Villa would open the door to other cases of arbitrariness and would restrict people’s right to freedom of expression, access to information, participation, and media freedom.”

READ ALSO: I didn’t mean to say not all bandits are criminals – Zamfara Governor
SERAP is also arguing that “The withdrawal of the accreditations of the journalists is without any lawful justifications. It is inconsistent and incompatible with plurality of voices, diversity of voices, non-discrimination, and just demands of a democratic society, as well as the public interest.”

The suit filed on behalf of SERAP its lawyers Ebun-Olu Adegboruwa, Kolawole Oluwadare, and Valentina Adegoke, read in part: “The ban on the journalists from covering the Presidential Villa fails to meet the requirements of legality, necessity, and proportionality

“The media plays an essential role as a vehicle or instrument for the exercise of freedom of expression and access to information – in its individual and collective aspects – in a democratic society.”

“The existence of a free, independent, vigorous, pluralistic, and diverse media is essential for the proper functioning of a democratic society.”

“The free circulation of ideas and news is not possible except in the context of a plurality of sources of information and media outlets. The lack of plurality in sources of information is a serious obstacle for the functioning of democracy.”

“The exercise of the right to freedom of expression through the media is a guarantee that is fundamental for advancing the collective deliberative process on public and democratic issues.”

“The strengthening of the guarantee of freedom of expression is a precondition for the exercise of other human rights, as well as a precondition to the right to participation to be informed and reasoned.”

“Under the Nigerian Constitution 1999 [as amended] and human rights treaties to which Nigeria is a state party, freedom and diversity must be guiding principles in the measures to promote media freedom. The ban on the 25 journalists is entirely inconsistent and incompatible with these principles.”

“The Federal Government should aspire to promote and expand the scope of media freedom, access to information, freedom of expression, and citizens’ participation, not restrict these fundamental freedoms.”

“Barring these journalists and media houses from covering the Presidential Villa is to prevent them from carrying out their legitimate constitutional responsibility.”

“The withdrawal of the accreditation tags of these journalists directly violates media freedom and human rights including access to information and the right to participation. It would have a significant chilling effect on newsgathering and reporting functions, and may lead to self-censorship.”

“The withdrawal of the accreditations of the journalists would construct barriers between Nigerians and certain information about the operations of their government, something which they have a constitutional right to receive.”

“Media freedom, access to information and the right to participation are necessary for the maintenance of an open and accountable government. These freedoms are so fundamental in a democracy that they trump any vague grounds of ‘security concerns and overcrowding of the press gallery area.’”

“According to reports, the Federal Government on 18 August 2023 withdrew the accreditation tags of some 25 journalists and media houses from covering activities at the Presidential Villa, Abuja.”

“The banned journalists reportedly include those from Vanguard newspaper; Galaxy TV; Ben TV; MITV; ITV Abuja; PromptNews, ONTV, and Liberty. Other media personnel affected by the withdrawal are mostly reporters and cameramen from broadcast, print, and online media outlets.”

“Under section 22 of the Nigerian Constitution, the mass media including ‘the press, radio, television and other agencies of the mass media shall at all times be free to uphold the fundamental objectives contained in this Chapter and uphold the responsibility and accountability of the Government to the people.’”

“Section 14(2)(c) of the Constitution provides that ‘the participation by the people in their government shall be ensured in accordance with the provisions of this Constitution.’”

“Similarly, Article 9 of the African Charter on Human and Peoples’ Rights provides that, ‘Every individual shall have the right to receive information. Every individual shall have the right to express and disseminate his opinions.’”

“Article 13 of the Charter also provides that, ‘Every citizen shall have the right to participate freely in the government of his country. Every citizen shall have the right of equal access to the public service of his country. Every individual shall have the right of access to public property and services.’”

“Articles 19 and 25 of the International Covenant on Civil and Political Rights contain similar provisions.”

No date has been fixed for the hearing of the suit.

SOURCE: Premium Times