Socio-Economic Rights and Accountability Project (SERAP) and the Nigerian
Union of Journalists (NUJ) have sent an urgent appeal to Mr. David KAYE,
UN Special Rapporteur on the promotion and protection of the right to
freedom of opinion and expression, requesting him to “urgently intervene
to prevail on the Federal Government, the Nigerian Army, police and
several state governments to end growing clampdown, intimidation and
harassment of journalists, online newspapers, and bloggers.”
The urgent appeal followed the arrest yesterday of Dapo Olorunyomi,
publisher of the online newspaper Premium Times, and the judiciary
correspondent, Evelyn Okakwu. Both have been released bail and instructed
to report at the FCT Police Command Headquarters today. There are fears
that they may be taken before a Magistrate’s Court.
The appeal signed by Adetokunbo Mumuni SERAP executive director and
Abdulwaheed Odusile President, Nigerian Union of Journalists expressed
“concern concerned about the Nigeria’s government’s erosion of media
freedom and continuing readiness of its agencies and state governments to
limit the operation of online newspapers and bloggers in the country.”
The appeal reads in part: “We note that under international law criticism
of public measures or comment on Government action, however strongly
worded, would be consistent with the fundamental right to freedom of
expression, and media freedom.”
“We believe that the crackdown and the increasingly restrictive media
atmosphere and impermissible restrictions to freedom of expression has
damaged Nigeria’s democratic credentials and violated its international
human rights obligations. The crackdown has also impeded the ability of
journalists, online newspapers, bloggers and the media in general to hold
government authorities to account or scrutinize their activities.”
“The arbitrary arrest of Mr Dapo Olorunyomi, publisher of online newspaper
Premium Times, and the judiciary correspondent of the online newspaper,
Evelyn Okakwu would seem to mark an intensification of a crackdown on
media freedom that has been going on for some time now. Both Olorunyomi
and Okakwu were released last night but asked to report to the police this
morning. We are seriously concerned that they may be re-arrested and
detained for a prolonged period.”
“The Army had accused the online newspaper of ‘unwarranted serial
provocative, unauthorised, libellous and defamatory publications against
the person of Lieutenant General T.Y Buratai, the Chief of Army Staff,
Nigerian Army and Nigerian Army counter insurgency operations in the North
East,’ and threatened to take action against PT and Mr Olorunyomi.”
“We argue that while public officials are entitled to protection of their
reputation, including protection against defamation, as individuals who
have sought to play a role in public affairs they should tolerate a
greater degree of scrutiny and criticism than ordinary citizens. This
distinction serves the public interest by making it harder for those in
positions of power to use the law to deter or penalize those who seek to
expose official wrongdoing, and it facilitates public debate about issues
of governance.”
“We further note that the UN Human Rights Committee, the independent
expert body that monitors state compliance with the International Covenant
on Civil and Political Rights in its General Comment No. 34 states that
“the value placed by the Covenant upon uninhibited expression is
particularly high. The mere fact that forms of expression are considered
to be insulting to a public figure is not sufficient to justify the
imposition of penalties. All public figures are legitimately subject to
criticism and political opposition.”
“In addition, the Human Rights Committee has said that “defamation laws
must be crafted with care to ensure that they do not serve, in practice,
to stifle freedom of expression. State parties [such as Nigeria] should
consider the decriminalization of defamation.” We therefore believe that
criminal penalties infringe on peaceful expression and are always
disproportionate punishments for any perceived reputational harm.”
“We note that the legal tool that has been repeatedly used to threaten,
intimidate, harass and press politically motivated charges against
journalists, online newspapers and bloggers is the obnoxious and unlawful
Cybercrime Act of 2015 which was signed into law by former President
Goodluck Jonathan in May of that year.”
“Cyber stalking, which falls under Section 24 of the act, carries a fine
of up to 7 million naira (USD$22,000) and a maximum three-year jail term
for anyone convicted of knowingly sending an online message that “he knows
to be false, for the purpose of causing annoyance, inconvenience danger,
obstruction, insult, injury, criminal intimidation, enmity, hatred, ill
will or needless anxiety to another”.
“We further argue that the Cybercrime Act is vaguely worded, overly broad,
and prone to misuse and have fact been repeatedly and arbitrarily used
against journalists, online newspapers and bloggers, as the cases
highlighted have shown. The use of the Cybercrime Act has created an
environment of intolerance, with a chilling, inhibiting effect on freedom
of thought and discussion.”
“We also argue argues that the Cybercrime Act is inconsistent with
Nigeria’s international legal obligations, and undermines rather than
strengthen efforts to prevent and combat corruption, and, because freedom
of expression is an enabler of other rights, threaten to erode human
rights protections more generally. The Cybercrime Act therefore impose
limitations on expression that go beyond the restrictions that are
permitted by international law and, in conflict with the Nigerian
Constitution 1999 (as amended).”
“We note that the ability to practice journalism free from undue
interference, to peacefully criticize government and its officials, and to
express critical views is crucial to the fight against corruption, and the
exercise and enjoyment of many other human rights. Freedom of opinion and
expression is a cornerstone of a democratic society. It extends not only
to “information” or “ideas” that are favourably received, but also to
those that offend, shock or disturb.”
“We also note that Nigeria is a state party to the International Covenant
on Civil and Political Rights (ICCPR) and the African Charter on Human and
Peoples’ Rights, which guarantee the right to freedom of expression and
impose legal obligations on states to protect freedom of expression and
information. The Nigerian Constitution of 1999 (as amended) also protects
freedom of expression, and includes language that permits for limitations
on that right, which broadly tracks article provisions of the Covenant and
Charter.”
SERAP and the NUJ therefore asked the Special Rapporteur to:
Publicly express concerns about the continuing clampdown, intimidation and
harassment of journalists, online newspapers and bloggers, and to insist
that the Nigerian Army and police end attacks, harassment and intimidation
of the Premium Times and its journalists; and that state governments and
police authorities end increasing persecution of other journalists, online
newspapers and bloggers in their various states;
2. Hold that the Cybercrime Act is inconsistent and incompatible with
freedom of expression and media freedom standards and Nigeria’s human
rights obligations and commitments;
3. Call on the government to withdraw and repeal the obnoxious
Cybercrime Act, and other laws providing for criminal defamation or
criminalizing insulting public officials, and bring Nigeria’s laws and
practices into compliance with the country’s international and regional
human rights obligations protect and uphold freedom of expression and
media freedom, including under the International Covenant on Civil and
Political Rights and the African Charter on Human and Peoples’ Rights;
4. Request to visit Nigeria to undertake fact-finding mission and
investigate allegations of growing attacks, threats, intimidation and
harassment of journalists, online newspapers and bloggers;
5. Request the Federal Government and state governments to drop all
charges against journalists, online newspapers and bloggers;
6. Insist that the Nigerian authorities should not criminalize or
subject anyone to threats or harassment, intimidation, persecution or
reprisals simply for exercising their right to freedom of expression and
doing their job as journalists and bloggers;
7. Call for an immediate end to arbitrary arrest and detention of
journalists and bloggers simply on the basis of the content of their
journalism or media work