The Federal High Court in Abuja on Friday, issued a directive mandating the Federal Government (FG) to thoroughly investigate, prosecute, and impose punishment on those responsible for the murder of Dele Giwa, the founder of Newswatch Magazine, and other journalists in the country.
In a judgment, Justice Inyang Ekwo also issued an order directing the Federal Government to implement measures aimed at preventing attacks on journalists and other media practitioners in the future.
The Incorporated Trustees of Media Rights Agenda, the applicant, filed a lawsuit on October 26, 2021, against the sole respondent, the Attorney-General of the Federation (AGF).
In the motion on notice labeled FHC/ABJ/CS/1301/2021, the applicant requested a declaration stating that the killings of journalists and media practitioners in Nigeria constitute a violation of their fundamental right to life.
The group asserts that this right is enshrined in Section 33 of the 1999 Constitution (as amended), Article 4 of the African Charter on Human and Peoples’ Rights (Ratification and Enforcement) Act (Cap A9) Laws of the Federation of Nigeria, 2004, along with other requested reliefs.
In the affidavit, the group listed some of the journalists murdered in the course of their duty to include Dele Giwa, killed on Oct 19, 1986; and Bolade Fasisi of National Association of Women Journalists, March 31, 1998;
Others include Edward Olalekan of Daily Times, murdered on June 1, 1999; Omololu Falobi of The Punch, Oct. 5, 2006; Godwin Agbroko of Thisday, Dec. 22, 1999; Abayomi Ogundeji of Thisday, Aug 17, 2008; and Edo Sule-Ugbagwu of The Nation, April 24, 2010.
Justice Ekwo, who observed that the AGF did not file any process to counter the arguments of the applicant, held that since the group’s arguments were not controverted, such arguments would be deemed to be true.
“I have studied the response of the respondent to the averments of the applicant and I find the said averments to be generic nature and they do not controvert the case of the applicant specifically.
“The applicant has stated names of journalists killed in Paragraph J of the affidavit in support
“It is pertinent to note that the respondent has neither denied that these killings have taken placed or that these persons were not journalists or media practitioners.
“The position of the law is that affidavit evidence which is not challenged or controverted howsoever, is deemed admitted and can be relied upon by a court,” he said.
Stating that journalism is a constitutionally recognized profession, the judge emphasized the necessity to protect journalists and media practitioners while performing their duties. In concluding remarks, the judge noted that the applicant had substantiated its case with credible evidence, justifying entitlement to the sought reliefs.
“An Order is hereby made directing the Federal Government of Nigeria to investigate, prosecute and punish perpetrators of all attacks against journalists and other media practitioners, and ensure that all victims of attacks against journalists have access to effective remedies.
“An Order is hereby made directing the Federal Government to 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.
“This is the judgment of this court,” Justice Ekwo declared
