The Federal High Court in Abuja issued a decree on Friday, ordering the Federal Government (FG) to properly investigate, prosecute, and punish those guilty for the murder of Dele Giwa, the creator of Newswatch Magazine, and other journalists in the country.
Justice Inyang Ekwo issued an order instructing the Federal Government to implement measures to avoid future attacks on journalists and other media practitioners.
On October 26, 2021, the applicant, the Incorporated Trustees of Media Rights Agenda, filed a case against the lone respondent, the Attorney-General of the Federation (AGF).
In the application on notice designated FHC/ABJ/CS/1301/2021, the applicant sought a ruling that the deaths of journalists and media practitioners in Nigeria violate their fundamental right to life.
The group claims that this right is incorporated 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, and other claimed reliefs.
In the declaration, the group identified some of the journalists murdered in the course of their duty, including Dele Giwa, who was killed on October 19, 1986, and Bolade Fasisi of the National Association of Women Journalists on March 31, 1998.
Others include Edward Olalekan of Daily Times, who was murdered on June 1, 1999; Omololu Falobi of The Punch, who was murdered on October 5, 2006; Godwin Agbroko of Thisday, who was murdered on December 22, 1999; Abayomi Ogundeji of Thisday, who was murdered on August 17, 2008; and Edo Sule-Ugbagwu of The Nation, who was slain on April 24, 2010.
Justice Ekwo, who noted that the AGF did not submit any procedure to rebut the applicant’s reasons, ruled that because the group’s assertions were not challenged, they were presumed 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 important to note that the respondent has not contested that these killings occurred or that these individuals 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,” the judge stated.
The judge stated that journalism is a constitutionally recognized profession and stressed the need of protecting journalists and media practitioners while they conduct their duties. In conclusion, the judge stated that the petitioner had presented solid information to support its claim for relief.
“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 announced.
