A frontline Civil Rights Advocacy group- HUMAN RIGHTS WRITERS
ASSOCIATION OF NIGERIA (HURIWA) has carpeted the Federal government for
persisting in the unconstitutional pastime of oppressive policies
against some media institutions considered as too INDEPENDENT and
rapidly pro-people.
The Rights group said it was despicable that barely 48 hours after the
United States of America through its State Department issued strong
indictment of the President Muhammadu Buhari-led administration for
media repression and multiple other human rights violations of the human
RIGHTS of the Nigerian Citizens in its Country Human Rights Report on
Nigeria in 2019, the same government has displayed the most despicable
show of force against the media by crudely expelling reporters of the
African Independent Television (AIT) and Punch Group of Newspapers from
covering a publicly funded event of the National Communications
Commission. “This is absolutely condemnable and a vicious show of shame
which is not supposed to be associated with a democratic administration
“.
HURIWA recalled that the AIT AND PUNCH NEWSPAPER HAVE BEEN BARRED FROM
COVERING THE FEDERAL GOVERNMENT’S UNVEILING OF 2020-2025 BROADBAND PLAN
BY PRESIDENT MUHAMMADU BUHARI THAT HELD IN ABUJA EVEN AS REPORTERS
AND CAMERAMEN OF THE TWO MEDIA HOUSES WERE KICKED OUT OF THE VENUE OF
THE EVENT BEING ORGANIZED BY NCC BASED ON “ORDER FROM ABOVE” ACCORDING
TO SECURITY AGENTS.
HURIWA affirmed that the action of the security forces at the instance
of President Muhammadu Buhari amounted to some of the worst case of
tyranny and dictatorship because dictators are in perpetual and mortal
fear of free and independent media. “Regrettably, these two media houses
are considered as ‘enemies’ of President Muhammadu Buhari by the
establishment. This action is a violation of all the fundamental rights
provisions including Right to dignity of the human person amongst a
plethora of other humam rights provisions enshrined in chapter 4 of the
1999 Constitution of the Federal Republic of Nigeria of 1999(as
amended). It is also an abuse of power which section 15(5) frowns
against absolutely when it obliges government officials to abolish all
corrupt practices and abuse of power. It is a crude abuse of power to
prevent the media from covering a public function paid for by the people
of Nigeria.
HURIWA lamented that only few days back, the current administration came
under the searchlights and hammer of the WORLD ‘s largest democracy- the
United States of America for a range of human rights breaches including
arbitrary detentions of media practitioners but sadly, hhere are we
again witnessing security brutality of media workers only because they
are from media houses that the Presidency has been unable to pocket or
bribe.
HURIWA recalled that the USA had reported as follows: “Police and other
security services have the authority to arrest individuals without first
obtaining warrants if they have reasonable suspicion a person committed
an offense, a power they often abused. The law requires that, even
during a state of emergency, detainees must appear before a magistrate
within 48 hours and have access to lawyers and family members. In many
instances government and security officials did not adhere to this
regulation. Police held for interrogation individuals found in the
vicinity of a crime for periods ranging from a few hours to several
months, and after their release, authorities sometimes asked the
individuals to return for further questioning. The law requires an
arresting officer to inform the accused of charges at the time of
arrest, transport the accused to a police station for processing within
a reasonable time, and allow the suspect to obtain counsel and post
bail. Families were afraid to approach military barracks used as
detention facilities. Police detained suspects without informing them of
the charges against them or allowing access to counsel and family
members; such detentions often included solicitation of bribes.
Provision of bail often remained arbitrary or subject to extrajudicial
influence. Judges often set stringent bail conditions. In many areas
with no functioning bail system, suspects remained incarcerated
indefinitely in investigative detention. Authorities kept detainees
incommunicado for long periods. Numerous detainees stated police
demanded bribes to take them to court hearings or to release them. If
family members wanted to attend a trial, police often demanded
additional payment.”
The US state department had also indicted Buhari thus: “The government
continued to turn to the armed forces to address internal security
concerns, due to insufficient capacity and staffing of domestic law
enforcement agencies. The constitution authorizes the use of the
military to “suppress insurrection and act in aid of civil authorities
to restore order.” Armed forces were part of continuing joint security
operations in the Northeast, Southeast, Niger Delta, Middle Belt, and
Northwest.Police, DSS, and military reported to civilian authorities but
periodically acted outside civilian control. The government lacked
effective mechanisms and sufficient political will to investigate and
punish most security force abuse and corruption. Police remained
susceptible to corruption, committed human rights violations, and
operated with widespread impunity in the apprehension, illegal
detention, and torture of suspects. The DSS also reportedly committed
human rights abuses. In some cases private citizens or the government
brought charges against perpetrators of human rights abuses, but most
cases lingered in courts… Security personnel arbitrarily arrested
numerous persons during the year, although the number remained unknown.
Security services detained journalists and demonstrators during the year
(see sections 2.a. and 2.b.).”
HURIWA said the action of the security forces in barring AIT and PUNCH
from doing their work on behalf of Nigerians totally violates Section 22
of the NIGERIAN CONSTITUTION which states: “The press, radio, television
and other agencies of the mass media shall at all times be free to
uphold the fundamental objectives contained in this Chapter and uphold
the responsibility and accountability of the Government to the people.”
Also, HURIWA stressed that the Constitution makes it imperative for all
publicly funded events to be covered by the media because Section 39
states: “(1) Every person shall be entitled to freedom of expression,
including freedom to hold opinions and to receive and impart ideas and
information without interference. (2) Without prejudice to the
generality of subsection (1) of this section, every person shall be
entitled to own, establish and operate any medium for the dissemination
of information, ideas and opinions: Provided that no person, other than
the Government of the Federation or of a State or any other person or
body authorised by the President on the fulfilment of conditions laid
down by an Act of the National Assembly, shall own, establish or operate
a television or wireless broadcasting station for, any purpose
whatsoever. (3) Nothing in this section shall invalidate any law that is
reasonably justifiable in a democratic society – (a) for the purpose of
preventing the disclosure. of information received in confidence,
maintaining the authority and independence of courts or regulating
telephony, wireless broadcasting, television or the exhibition of
cinematograph films; or (b) imposing restrictions upon persons holding
office under the Government of the Federation or of a State, members of
the armed forces of the Federation or members of the Nigeria Police
Force or other Government security services or agencies established by
law.”