government of Nigeria and Cross River state government of governor Ben
Ayade to ECOWAS Court of Justice in Abuja “over the prolonged, arbitrary
detention; unfair prosecution; persecution, and sham trial of journalist
Agba Jalingo.”
Jalingo, who is the publisher of CrossRiverWatch, was arrested on August
22 over a report alleging that Mr Ayade diverted N500 million belonging
to the state.
In the suit number ECW/CCJ/APP/10/2020 filed last week at the ECOWAS
Court, SERAP is arguing that: “The sole objective of the government of
Nigeria and the Cross River state government of governor Ben Ayade is to
perpetually keep Agba Jalingo in arbitrary detention and to silence him
simply for expressing critical views and carrying out his legitimate job
as journalist.”
According to the suit: “This is not the first time the government of
Nigeria and the Cross River state government of governor Ben Ayade have
taken actions to intimidate, harass and suppress journalists through the
instrumentality of trumped-up charges and use of overly broad and unjust
laws, including section 24 of Nigeria’s Cybercrime Act, 2015, which
provides for the offence of cyber-stalking.”
The suit filed on SERAP’s behalf by its solicitor Kolawole Oluwadare,
states: “the government of Nigeria and Cross-River state government are
using vague laws that give officials massive discretion to undermine
human rights. They are punishing Agba Jalingo and other journalists and
silencing them for their reporting, thereby undermining Nigerians’ right
to information, to public participation, to open and democratic
governance in the country.”
The suit read, in part: “If freedom of expression and media freedom are
to have true meaning in a democracy, these rights necessarily must
include the freedom to criticize the government and its functionaries.
Indeed, the idea of a democracy is that the people are encouraged to
express their criticisms, even their wrong-headed criticisms, of elected
government institutions, in the expectation that this process will
improve the process of government.”
“The harassment, intimidation, unfair prosecution and arbitrary
detention of Agba Jalingo simply for exercising his human rights violate
Nigeria’s international human rights obligations, including under the
International Covenant on Civil and Political Rights and the African
Charter on Human and Peoples’ Rights to which the country is a state
party.”
“Freedom of expression is a fundamental human right and full enjoyment
of this right is central to achieving individual freedom and to
developing democracy. It is not only the cornerstone of democracy, but
indispensable to a thriving civil society”
“In circumstances of public debate concerning public figures in the
political domain and public institutions, the value placed by human
rights treaties upon uninhibited expression is particularly high.”
“The government of Nigeria and the Cross-River state government of
governor Ben Ayade have via the charges of terrorism and treason and
denial of bail to Agba Jalingo, violated and continued to breach his
human rights.”
“SERAP contends that Agba Jalingo is being unfairly prosecuted because
of his reporting in his online news outlet, Cross River Watch, which
alleged that the Cross Rivers State Governor diverted the sum of N500
Million, belonging to the Cross-River Micro Finance Bank.”
“On 22nd August 2019, the Nigeria Police, through its special
anti-robbery squad arrested Agba Jalingo. On 23rd August 2019, Mr.
Jalingo was transferred to a detention facility run by the anti-cult and
anti-kidnapping police in Calabar, the capital of Nigeria’s southern
Cross River state and was held there for days before his arraignment on
31st August, 2019.”
SERAP is seeking the following reliefs:
1. A DECLARATION that the actions by the government of Nigeria and
the Cross River state government of governor Ben Ayade to continue to
arbitrarily detain and unfairly prosecute Agba Jalingo using the
Cybercrimes Act, sections 41 & 59 of Nigeria’s Criminal Code Act and
sections 1 & 17 (2)(a)&(b) of the Terrorism (Prevention, Amendment) Act,
violate his human rights, as guaranteed under the International Covenant
on Civil and Political Rights and the African Charter on Human and
Peoples’ Rights
2. A DECLARATION that the arbitrary detention and unfair prosecution
of Agba Jalingo by the government of Nigeria and the Cross River state
government of governor Ben Ayade is illegal and unlawful, as it amounts
to breaches of Nigerian international obligations to respect, protect,
promote and fulfil the rights to freedom of expression and information
and media freedom, guaranteed under the International Covenant on Civil
and Political Rights and the African Charter on Human and Peoples’
Rights
3. AN ORDER directing the government of Nigeria and the Cross-River
state government of governor Ben Ayade to immediately and
unconditionally release Agba Jalingo and drop all charges against him,
consistent with Nigeria’s international human rights obligations under
the International Covenant on Civil and Political Rights and the African
Charter on Human and Peoples’ Rights
4. AN ORDER directing directing the government of Nigeria and the
Cross-River state government of governor Ben Ayade and/or their agents
to provide Agba Jalingo with effective remedies and reparation,
including adequate compensation, restitution, satisfaction and
guarantees of non-repetition
5. FOR SUCH FURTHER orders as the Honorable Court may deem fit to
make in the circumstances of this suit.
No date has been fixed for the hearing of the suit.