Media Rights Agenda (MRA) has filed a suit asking the Federal High Court, sitting Lagos, to compel the Federal Government of Nigeria to investigate attacks against journalists and other media practitioners and ensure perpetrators are brought to book.
In a suit initiated by “Originating Summons”, MRA is asked the court to hold that the Declaration of Principles on Freedom of Expression and Access to Information in Africa, developed and adopted by the African Commission on Human and Peoples’ Rights pursuant to Article 45(1) of the African Charter, was subsidiary legislation in Nigeria with binding legal effect by virtue of the fact that the Charter is domestic law in Nigeria. Nigeria is a State Party to the Charter, which is also an international treaty, and a member state of the Africa Union (AU).
Counsel to MRA, Ms Obioma Adesewa Okonkwo, in the suit noted that there have been many incidents of Human Rights violations against journalists and media practitioners in Nigeria, including unlawful detention, assault, disappearances, torture and killings.
The organization stated that the government has persistently failed to fulil its obligations under the statutory and treaty obligation to protect journalists and prevent attacks against them as well as a duty to punish perpetuators of these crimes by virtue of Principle 20 of the Declaration of Principles, which was developed and adopted pursuant to Article 45(1) of the Charter.
MRA, however asked the court to affirm that the Declaration of Principles is binding as subsidiary legislation in Nigeria which is applicable and enforceable; and that the failure of the Government to fulfil its obligation to guarantee the safety of journalists and other media practitioners in accordance with Principle 20 of the Declaration of Principles amounts to a violation of the principle and a breach of the duty imposed by the Charter.
It is also seeking, among other things:
. A declaration that the Government’s failure to guarantee the safety of Pelumi Onifade, Precious Owolabi, Uche Uzodinma, Tom Ogazi Uhia, Friday Otabor, Emannuel Ojo, Obidinma Aku, Charles Otu and other journalists who have been attacked as well as its failure to take measures to prevent various attacks on journalists, including murder, extra-judicial killings, torture and other forms of ill-treatment, arbitrary arrest and detention, enforced disappearances, kidnapping, intimidation, threats and unlawful surveillance, amounts to a breach of the its duty under the Declaration and the Charter.
· A declaration that the Government’s failure to take effective legal and other measures to investigate, prosecute and punish perpetrators of attacks against journalists and other media practitioners, and ensure that the victims of those attacks have access to effective remedies is a breach of its duty imposed by the Declaration and the Charter;
· A declaration that the Government, by failing to guarantee the safety of journalists and other media practitioners, has breached the duty imposed on it by the Declaration and the Charter and is liable for the actions and conduct of law enforcement, security, intelligence, military and other personnel which threaten, undermine or violate the safety of journalists and other media practitioners; and
· An order directing the Government to take measures to prevent future attacks on journalists and other media practitioners and to investigate, prosecute and punish the perpetrators of all such attacks and ensure that the victims of the attacks have access to effective remedies.
No date has been fixed for the hearing of the suit.
