February 16, (THEWILL) – The Federal High Court, Abuja, has ordered the Federal Government (FG) to investigate, prosecute and punish perpetrators of the murder of the founder of Newswatch Magazine, Dele Giwa, and other journalists in the country.
Justice Inyang Ekwo, in a judgment, also made an order directing the Federal Government to take measures to prevent attacks on journalists and other media practitioners, henceforth.
The order followed ruling on a suit filed on October 26, 2021, by the Incorporated Trustees of Media Rights Agenda against the Attorney-General of Federation (AGF) as the sole respondent.
In the motion on notice marked: FHC/ABJ/CS/1301/2021, the applicant sought a declaration that the killings of various journalists and media practitioners in Nigeria is a violation of their fundamental right to life.
This right, according to the group, is encapsulated 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, among other reliefs.
In the affidavit, the group listed some of the journalists murdered in the course of their duty including Dele Giwa, killed on October 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, October 5, 2006; Godwin Agbroko of Thisday, December 22, 1999; Abayomi Ogundeji of Thisday, August 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 averment of the applicant and I find the said averments to be generic in 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 place 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,” Justice Ekwo held, adding that the media is a constitutional profession, hence, the journalists and media practitioners ought to be protected in the course of their duties.
“An Order is hereby made directing the Federal Government of Nigeria to take measures to prevent attacks on journalists and other media practitioners.
“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, policymakers, 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.
About the Author
