On February 16, 2024, a Federal High Court in Abuja ruled that the Federal Government should investigate attacks against journalists, and prosecute and punish perpetrators of such attacks.
The court also directed the government to take measures to prevent further attacks on journalists while ensuring that all journalists who are victims of attacks have access to effective remedies.
Delivering judgment in a suit filed by Media Rights Agenda (MRA) against the Federal Government, Justice Inyang Ekwo upheld the organization’s claim that by failing to guarantee the safety of journalists and other media practitioners by Principle 20 of the Declaration of Principles on Freedom of Expression and Access to Information in Africa, the Federal Government breached its statutory duty under the Declaration and the African Charter on Human and Peoples’ Rights (Ratification and Enforcement) Act (Cap A9), Laws of the Federation of Nigeria, 2004.
The judge also ruled that the Federal Government bears responsibility for its failure and is accordingly liable for the actions and conduct of law enforcement, security, intelligence, military, and other officials and agents that threaten, undermine, or violate the rights and safety of journalists and other media practitioners.
Like many others who have hailed the judgment, we agree that it’s indeed a landmark one considering the cases of attacks on journalists covered, including that of the killing of the late Editor-in-Chief of Newswatch magazine, Mr Dele Giwa, who was killed on October 19, 1986, by a parcel bomb in his home in Lagos.
Given the special role that journalists play in society, they ought to be protected and not put at risk of avoidable hazards of the profession as Justice Ekwo stated.
Unfortunately, many journalists including the ones listed by the MRA have been murdered at various times over the last few decades in the line of duty or under circumstances relating to the discharge of their duties as journalists and the Federal Government has not been able to effectively investigate, prosecute and punish the perpetrators of the murders.
For journalists in the country to effectively perform their duties of informing, educating, entertaining and holding the government accountable, their safety should be guaranteed and a conducive working environment provided for them.
Various attacks on journalists have forced some practising journalists to abandon the profession, while many aspiring journalists have been scared off.
As directed by the court, the Federal Government should take measures to prevent attacks on journalists and other media practitioners; investigate, prosecute, and punish perpetrators of all attacks against journalists and other media practitioners to serve as a deterrent.
It should not matter how old the various cases listed by MRA are. Those that need to be reopened should be revisited to get to the root of what happened in the various instances for record sake even if the perpetrators are no longer alive.
The government should also ensure that all victims of attacks against journalists as directed by the court have access to effective remedies; 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.
We commend the MRA for filing the case and diligently pursuing it to get this historic ruling which will let those who attack journalists and media organizations know the long arm of the law can catch up with them however long it takes.
