The Federal High Court sitting in Abuja has ordered the Federal Government to ensure the safety of Nigerian journalists.
The Court on Friday, also mandated the federal government to investigate, prosecute and punish perpetrators of the murder of the founder of Newswatch Magazine, Dele Giwa, and other journalists in the country.
Mr Giwa was killed through a letter bomb in his Lagos office on October 19, 1986.
Justice Inyang Ekwo, in a judgment, also made an order directing the FG to take measures to prevent attacks on journalists and other media practitioners.
The applicant, the Incorporated Trustees of Media Rights Agenda, had sued the Attorney-General of Federation (AGF) as the sole respondent in the suit dated and filed on October 26, 2021.
In the motion on notice marked FHC/ABJ/CS/1301/2021, the applicant sought a declaration that the killings of various journalists and media practitioners in Nigeria are a violation of their fundamental right to life.
This right, according to the group, is encapsulated in section 33 of the 1999 Constitution (as amended), Article 4 of the African Charter on Human and Peoples’ Rights (Ratification and Enforcement) Act (Cap A9) Laws of the Federation of Nigeria, 2004, among other reliefs.
In the affidavit, the group listed some of the journalists murdered in the course of their duty as Dele Giwa, killed on October 19, 1986; and Bolade Fasisi of the National Association of Women Journalists, March 31, 1998;
Others include Edward Olalekan of Daily Times, murdered on June 1, 1999; Omololu Falobi of The Punch, October 5, 2006; Godwin Agbroko of Thisday, December 22, 1999; Abayomi Ogundeji of Thisday, August 17, 2008; and Edo Sule-Ugbagwu of The Nation, April 24, 2010.
Justice Ekwo, who observed that the AGF did not file any process to counter the applicant’s arguments, held that since the group’s arguments were not controverted, such arguments would be deemed true.
“I have studied the response of the respondent to the averments of the applicant, and I find the said averments to be generic in nature, and they do not controvert the case of the applicant specifically.
“The applicant has stated names of journalists killed in Paragraph J of the affidavit in support.
“It is pertinent to note that the respondent has neither denied that these killings have taken place or that these persons were not journalists or media practitioners.
“The position of the law is that affidavit evidence, which is not challenged or controverted howsoever, is deemed admitted and can be relied upon by a court,” he said.
He said media is a constitutional profession. Hence, journalists and media practitioners ought to be protected in the course of their duties.
The judge said he found that the applicant had established its case by credible evidence and ought to be entitled to the reliefs sought.
“An order is hereby made directing the federal government of Nigeria to take measures to prevent attacks on journalists and other media practitioners.
“An Order is hereby made directing the federal government of Nigeria to investigate, prosecute and punish perpetrators of all attacks against journalists and other media practitioners and ensure that all victims of attacks against journalists have access to effective remedies.
“An Order is hereby made directing the federal government to take measures to raise awareness and build the capacities of various stakeholders, particularly journalists and other media practitioners, policymakers, law enforcement, security, intelligence, military, as well as other officials and relevant stakeholders on the laws and standards for ensuring the safety of journalists and media practitioners.
“This is the judgment of this court,” Justice Ekwo declared.
The applicant, through its lawyer, Mojirayo Nkana, said there have been various violations of the Nigerian journalists’ right to life for several years.
She said some journalists are still being harassed by security agencies with the AGF allegedly doing nothing about it.
The applicant deposed an affidavit showing the names of journalists killed at different times in 1986, 1998, 1999, 2008 and 2023.
Passing his judgement on Friday, Justice Inyang Ekwo held that it is noteworthy that Nigeria ratified several international treaties regarding the protection of fundamental human rights and the country’s government is legally bound by the treaties and is obligated to enforce same.
He said that society is better informed when there is an effective press, adding that the respondent has not denied that journalists were killed.
“It is deemed therefore that the respondents have admitted that the persons mentioned in the affidavit were journalists who were killed,” Ekwo said.
The judge said an extrajudicial act cannot take place without the Federal Government investigating and prosecuting them.
The judge found that the applicant has established its case and judgement was entered in its favor.
“I make an order directing the federal government to take measures to raise awareness and build the capacity of various stakeholders particularly journalists and other media practitioners, policymakers, law enforcement, security, intelligence, military as well as other officials on the laws and standards in ensuring the safety of journalists and media practitioners,” Ekwo ruled.
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