Court Orders Federal Government to Investigate all Attacks Against Journalists, Punish Perpetrators of Attacks

Sat, Feb 17, 2024

By editor

5 MIN READ

FOR IMMEDIATE RELEASE
LAGOS, Friday, February 16, 2024: In a landmark judgment, a Federal High Court in Abuja
today directed the Federal Government to investigate attacks against journalists, prosecute
and punish perpetrators of such attacks and 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, represented by the Attorney-General of the Federation, Justice Inyang Ekwo
upheld the organization’s claim that by failing to guarantee the safety of journalists and other
media practitioners in accordance with 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 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.
In a suit filed on its behalf by Abuja-based human rights lawyer, Mrs. Mojirayo Ogunlana-
Nkanga, on October 26, 2021, MRA complained about the violation of the fundamental rights
to life and freedom of expression of Nigerian journalists and media practitioners who were
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 failure of the
Federal Government to protect them, carry out effective investigation, prosecute and punish
the perpetrators of the murders.
MRA named some of the murdered journalists, including 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; Ms Bolade Fasasi, a member of the National Association of Women
Journalists and former treasurer of the Nigeria Union of Journalists (NUJ), who was shot
dead by three unidentified gunmen in Ibadan on March 31, 1998; Mr. Edward Olalekan Ayo-
Ojo, who was found dead beside his car on a road in Lagos in the early hours of June 1, 1999;
and Mr. Omololu Falobi, a former features editor of The Punch and founder of the media
advocacy group, Journalists Against AIDS (JAIDS), who was gunned down on October 5,
2006, as he left his office in Lagos.
The others are Mr. Godwin Agbroko, the Chairman of the Editorial Board of This Day
newspaper, who was murdered by unknown gunmen on December 22, 2006; Mr. Abayomi
Ogundeji, a member of the Editorial Board of This Day newspaper, who was shot dead on
August 17, 2008; and Mr. Edo Sule-Ugbagwu, Judicial Correspondent of The Nation

newspaper, who was murdered in his home in a Lagos suburb by a gang of armed men on
April 24 2010.
In his judgment, Justice Ekwo noted that given the special role that journalists play in the
society, they ought to be protected and not put at risk. He accordingly declared the killing of
the journalists as a violation of their fundamental right to life under section 33 of the 1999
Constitution and Article 4 of the African Charter and held that their killing while carrying out
their journalistic duties was a violation of their right to freedom of expression and the press
under section 39 of the Constitution and Article 9 of the African Charter.
He also declared that the failure of the Federal Government to fulfil its statutory and treaty
obligations to guarantee their safety in accordance with Principle 20 of the Declaration of
Principles amounts to a violation of the Declaration and a breach of the statutory duty
imposed on the Government by the African Charter.
He also held that the failure of the Government to take measures to prevent various forms of
attacks on journalists and other media practitioners, including murder, extra-judicial killing,
torture and other forms of ill-treatment, arbitrary arrests and detention, enforced
disappearance, kidnapping, intimidation, threats of physical violence, beatings and assault,
unlawful surveillance, among others, as required by Principle 20 amounts to a breach of the
Government’s statutory duty.
Besides, Justice Ekwo ruled, the failure of the Government to guarantee the safety of
journalists; its failure to take effective legal and other measures to investigate, prosecute and
punish perpetrators of attacks against journalists and other media practitioners, as well as its
failure to ensure that the victims of such attacks have access to effective remedies in
accordance with Principle 20, amounted to a breach of the Government’s statutory duty.
He therefore ordered the Federal Government to take measures to prevent attacks on
journalists and other media practitioners; to investigate, prosecute and punish perpetrators of
all attacks against journalists and other media practitioners; ensure that all victims of attacks
against journalists have access to effective remedies; and take measures to raise awareness
and build the capacities of various stakeholders, particularly journalists and other media
practitioners; policy makers, 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.

For further information, please contact:
Idowu Adewale
Communications Manager
idowu@mediarightsagenda.org

17th February, 2024.

C.E.