AKEEM NAFIU writes that lawyers have called for an immediate end to the continuos crackdown on freedom of expression, peaceful assembly, media freedom and the rule of law by those in authority across the country. The lawyers said such actions are unlawful and counterproductive in a democratic society
Some senior lawyers have decried the unabated crackdown on the rights to freedom of expression, peaceful assembly, association, media freedom, and the disregard for the rule of law by Nigerian authorities.
The lawyers asked those in authorities to turn a new leaf, saying the rights to freedom of expression, peaceful assembly and association are guaranteed under the Nigerian Constitution and international human rights treaties.
The men of the wig and gown spoke at the weekend while reacting to the concerns raised by a rights organization, the Socio-Economic Rights and Accountability Project (SERAP) and the Nigeria Guild of Editors (NGE) over the upsurge in rights abuse across the country.
SERAP and NGE had issued a joint statement titled; “Nigeria: Backsliding on Human Rights and Media Freedom”, on the occasion of the International Human Rights Day held on December 10, 2024.
In the joint statement, the two groups called on President Tinubu to immediately and unconditionally release all journalists, bloggers, human rights defenders and activists currently detained solely for the peaceful exercise of their human rights and doing their legitimate work.
They expressed deep concerns about the escalating crackdown on the rights to freedom of expression, peaceful assembly, association and media freedom and the flagrant disregard for the rule of law by Nigerian authorities.
The two groups were also critical of those who threaten, intimidate and harass journalists, bloggers, human rights defenders and activists, saying their actions exacerbates the hostile environment for “these defenders of constitutionally and internationally guaranteed human rights in Nigeria”. They called on those in authorities to desist from actions that will stifle human rights and the rule of law in the country.
The statement reads: “We call on the Nigerian authorities to stop weaponizing criminal defamation and cybercrime laws to target and attack journalists, bloggers, human rights defenders and activists and to stop detaining and imprisoning them solely for doing their jobs.
“We urge President Tinubu and his government to publicly call on Nigeria’s state governors, the Nigerian Police Force and the Department of State Services (DSS) to uphold and ensure full respect for the rights of everyone in the country including journalists, bloggers, human rights defenders and activists.
“We are concerned that journalists, bloggers, human rights defenders and activists face significant obstacles, and even criminal charges and arbitrary detention solely for peacefully exercising their human rights and carrying out their legitimate work in the country.
“Impunity for violations of the human rights of journalists, bloggers, human rights defenders and activists continues to seriously impair human rights including the rights to freedom of expression, peaceful assembly, association, information and media freedom, and discourage critical reporting by the media.
“Nigerian authorities at all levels increasingly use criminal defamation laws and other repressive laws to crackdown on human rights and peaceful dissent, bringing frivolous lawsuits against journalists, bloggers, human rights defenders and activists.
“We are concerned about the growing reports that journalists, bloggers, human rights defenders and activists continue to be intimidated and harassed by invasive state surveillance, including through the use of commercial spyware, abusive legal actions, and coordinated online smear campaigns.
“An independent and diverse media that disseminates a wide range of information and ideas plays a critical role in supporting the functioning of a democratic society.
Peaceful protest over government policies is now a matter of life and death in Nigeria
“Indeed, a free, uncensored and unhindered press or other media is essential in any society to ensure freedom of opinion and expression and the enjoyment of other human rights.
“We also call on President Tinubu and his government to ensure the prompt, thorough, impartial, transparent and effective investigations into all allegations of human rights violations against journalists, bloggers, human rights defenders and activists and to ensure that those suspected to be responsible are brought to justice, while also providing access to justice and effective remedies to victims.
“We call on President Tinubu and his government, the country’s 36 governors and Federal Capital Territory (FCT) minister to genuinely uphold press freedom, ensure access to information to all Nigerians, obey court judgements, and respect the rule of law.
“We urge the Attorney General to push for the immediate amendment of the Cybercrimes Act, criminal defamation laws and other repressive legislation, and bring these laws in line with the Nigerian Constitution of 1999 (as amended) and international human rights obligations to which Nigeria is a state party.
“We call on the NBC to implement the judgement of the Federal High Court in Lagos which ordered the Commission to stop using the NBC Act and the Nigeria Broadcasting Code to impose fines, threaten to impose sanctions, harass and intimidate the broadcast stations and other independent media houses in the country.
“The rights to freedom of expression, peaceful assembly, association and media freedom are guaranteed under the Nigerian Constitution 1999 [as amended] and human rights treaties to which Nigeria is a state party.
“However, we are concerned about the deteriorating situation of human rights and the rule of law in the country and longstanding impunity for violations of the rights of journalists, bloggers, human rights defenders and activists”.
Amnesty International concerns
In a recent report, a global human rights watchdog, Amnesty International (AI), accused security operatives of killing at least 24 protesters during the nationwide #Endbadgovernance demonstrations in August 2024. The global body alleged that the killings were part of a violent crackdown on peaceful activists across six northern states.
In the report, Amnesty International detailed how security forces used excessive force, firing live ammunition at close range, resulting in the deaths of young people, minors, and an elderly protester.
Unveiling the report titled; “Bloody August: Nigerian Government’s Violent Crackdown on #Endbadgovernance Protests”, Country Director of Amnesty International Nigeria, Isa Sanusi, said the killings were carried out in six northern states of Borno, Kaduna, Kano, Katsina, Jigawa and Niger.
Giving a breakdown of the casualty figures, Sanusi said Kano has the highest number with 12 people involved. He added that 3 people were killed each in Borno, Jigawa, and Niger, two were killed in Kaduna, while one was killed in Katsina.
“Nigerian police used excessive force against protesters during the nationwide #Endbadgovernance demonstrations between 1-10 August, killing at least 24 people in the states of Borno, Kaduna, Kano, Katsina, Jigawa, and Niger.
“Bloody August: Nigerian Government’s Violent Crackdown on #Endbadgovernance Protests documents the violent crackdown on peaceful protests against rampant corruption and economic hardship.
Those killed included 20 young people, an older person, and two children. “In all cases, the victims were shot by the police, firing live ammunition at close range often at the head or torso, suggesting that officers were shooting to kill.
Two survivors suffered injuries after being shot by police in the arm and legs; others were suffocated by the indiscriminate use of tear gas. “People in Nigeria witnessed unbelievable lawlessness as security personnel fired live ammunition at protesters.
The death toll could be higher than 24 because of the auto cover up the atrocities. Peaceful protest over government policies is now a matter of life and death in Nigeria.
“The Nigerian authorities must hold the police and other security agencies to account for unleashing deadly force on people who did not constitute an imminent threat to lives. It is shocking that police have engaged in flagrant denials of wrongdoing despite public evidence to the contrary, and this speaks to their utter disregard for the sanctity of human lives.
“President Bola Tinubu and his government must conduct prompt, thorough, independent, impartial, transparent and effective investigations into the allegations of human rights violations during the #Endbadgovernance protests and ensure that those suspected to be responsible are identified and brought to justice in fair trials.
Nigerian authorities must ensure access to justice and effective remedies for victims and their families. “In Kano, 12 people were killed at Rijiyar Lemo and Kofar Nasarawa.
In Jigawa state, 3 people were killed at Hadejia, while 1 person was killed at Kofar Sauri, Katsina state. In Kaduna state, a minor was killed by a soldier in Zaria, while police killed one person in Kaduna. In Maiduguri, 3 people were killed at A.A. Kime Filling Station at Bolori Junction.
In Niger State, at least 3 people were killed along the Abuja-Kaduna Expressway. “Between 12 and 17 August 2024, Amnesty International carried out field research in Kano, Katsina and Jigawa states.
Evidence gathered includes videos and photographs, as well as accounts from eyewitnesses, medical workers, and victims’ relatives, friends, and acquaintances on the ground.
“Eyewitnesses told Amnesty International in Kano, Dutse, Katsina and Minna that the protests were largely peaceful when they began in the morning of 1 August, but the mood abruptly changed when police attacked the protesters by firing live ammunition and tear gas.
The excessive use of force by the police against protesters contravenes international human rights standards, including the UN Basic Principles on the Use of Force and Firearms by Law Enforcement Officials”, Sanusi added.
AGF commends
Tinubu’s govt In the meantime, the Attorney General of the Federation and Minister of Justice, Prince Lateef Fagbemi (SAN), has disclosed that Nigeria has progressed in upholding human rights standards compared to what was obtainable in the past.
The AGF while speaking on the occasion of the International Human Rights Day said the Tinubu’s government has made remarkable strides in promoting and protecting human rights since coming on board.
Fagbemi said: “The Federal Government is committed to ensuring the rights of all Nigerians and everyone living in Nigeria are respected, protected and fulfilled.
“Government has taken concrete steps to strengthen the human rights institutional framework for the promotion and protection of citizens’ rights. “We are committed to ensuring that our laws, policies and practices are aligned with international human rights standards.
I assure all Nigerians that the Government of President Bola Ahmed Tinubu is a human rights-friendly and listening government.
“Amongst other commendable steps taken by this government in the interest of justice and human rights is the discontinuation of the prosecution of children and young persons arraigned in court for treason following the EndBadGovernance protests of August and October 2024”.
Lawyers speak
Speaking on the escalating crackdown on the rights to freedom of expression, peaceful assembly, association, media freedom, and the disregard for the rule of law by Nigerian authorities, a former President of the Nigerian Bar Association (NBA), Dr. Olisa Agbakoba (SAN), condemned actions undermining the freedoms and rule of law.
He emphasized that issues such as the over-centralization of governance hamper equitable development and innovation.
Agbakoba also advocated for decentralizing judicial and political powers to strengthen governance and address systemic inefficiencies. On the issues of freedom of expression and assembly, the silk called for robust support for civil liberties in Nigeria. He maintained that any form of suppression of human rights should not be encouraged under any guise.
Speaking in the same vein, another Senior Advocate of Nigeria (SAN) and human rights lawyer, Femi Falana, criticized the government’s focus on crackdowns on fundamental rights, including freedom of expression, peaceful assembly, media freedom and the rule of law. Falana declared that such actions erode democracy and violate constitutional provisions.
Any form of suppression of human rights should not be encouraged under any guise
He argued that the rights to freedom of expression, peaceful assembly and association are guaranteed under the Nigerian Constitution and international human rights treaties, such as the African Charter on Human and Peoples’ Rights, to which Nigeria is a party.
He condemned actions such as the arrest of protesters, journalists and activists, describing them as oppressive tactics to silence dissent.
“Such measures are unlawful and counterproductive in a democratic society,” Falana stated. Expressing concern over the government’s disregard for court orders and legal principles, the human rights lawyer stressed that adherence to the rule of law is fundamental to governance.
He warned against the dangers of executive impunity and selective enforcement of laws. Falana called for the support of civil society organizations and the press, arguing that their roles are crucial in holding the government accountable.
He equally urged government to prioritize transparency and accountability instead of repressing critics. According to him, addressing the root causes of public grievances is the appropriate response to dissent.
In his own comments, Dr Joseph Nwobike (SAN) noted with regrets that the coercive powers of the state is being used to interfere with the exercise of the right to free speech “I believe that there is an uptick in the publication of false information about businesses, persons and public institutions and their leadership. There is also a significant increase in the level of intolerance exhibited by public officials and private individuals in Nigeria.
“It appears that the opportunity provided by social media platforms which enables people to disseminate information is being increasingly abused. The coercive powers of the state is equally being used to interfere with the exercise of the right to free speech.
“I think that in view of the above, every person must recognize the sanctity and limits of the right to freely express themselves. It does not grant anyone the right to defame others regardless of their position. Again, those who occupy public offices should endeavour to internalize the reality that their actions and inactions will be subjected to continuous criticisms.
“What I believe should not be tolerated is the intentional interference with the rights of others to express themselves freely and not to be falsely accused. The intersection between the two rights is necessary for a healthy society.
The law should be used as the barometer to determine any abuse and the punishment and compensation for breaches”, Nwobike said. Chief Mike Ahamba (SAN) also decried what he described as government’s disregard for constitutional principles, including issues like freedom of expression, judicial independence and respect for the rule of law.
He expressed concern about increasing political interference in judicial processes, warning that such trends could lead to the collapse of the country’s legal and democratic structures.
Ahamba declared that the upholding of judiciary’s autonomy is crucial for Nigeria’s stability and insisted that undermining constitutional rights, such as peaceful assembly and media freedom, threatens the nation’s democratic integrity.
On his his part, Ebun Olu-Adegboruwa (SAN) criticized the government’s continued crackdown on fundamental rights and disregard for the rule of law.
The human rights lawyer opposed laws or actions aimed at censoring dissenting voices, emphasizing that freedom of expression is a cornerstone of democracy and must be upheld. The silk urged security forces to stop disrupting peaceful protests or assemblies and affirmed the rights of Nigerians to protest.
He also called for adherence to the rule of law and condemned arbitrary detentions, disobedience of court orders, and other actions by the government that undermine judicial authority and due process.
He argued that the rule of law is essential for justice and sustainable governance. Adegboruwa further seek protection for human rights and preserving democratic principles in Nigeria.
He urged government to respect constitutionally guaranteed and international human rights standards. In his submissions, Wahab Shittu (SAN) urged Nigerian authorities to uphold the rule of law. Shittu stressed the importance of a justice system that respects democratic principles and the separation of powers.
He also called for reforms to ensure transparency, accountability and adherence to due process, stating that these are essential for restoring public confidence in governance and justice delivery. The SAN highlighted the need for a disciplined judiciary that resists external pressures and corruption.
He advocated for enhanced judicial independence through adequate funding and stronger ethical standards. According to Shittu, ensuring these protections is vital for safeguarding democratic values and addressing systemic challenges in Nigeria.
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