Sowore, Jalingo: SERAP Writes NJC, Seeks Directives On Citizens’ Rights

Socio-Economic Rights and Accountability Project, (SERAP) has
sent an open letter to Justice Ibrahim Tanko Muhammad, Chief
Justice of Nigeria and Chairman, National Judicial Council (NJC),
urging him to use his offices and leadership of the NJC to
“urgently develop measures and issue directives to all courts to
respond to the disturbing trends by state governments and federal
government to use the court as a tool to suppress citizens’ human
rights.”

SERAP said: “Across the country, state governors and federal
government are charging citizens, mostly journalists, bloggers and
activists, with serious crimes such as ‘treason’, ‘treasonable
felony’ or bogus crime of ‘insulting public officials’, simply for
exercising their human rights.”

In the letter dated 4 October 2019 and signed by SERAP deputy
director Kolawole Oluwadare, the organization said: “These charges,
refusal of bail and granting of bail on stringent conditions seem
to be dangerous manipulation of judicial authority and functions by
high-ranking politicians, something which the NJC and the judiciary
under your watch should resist.”

SERAP also said: “In the climate of a growing clampdown on human
rights of journalists and activists by several state governments
and federal government, the NJC ought to push back and act as
protector of individuals’ rights against abuses by the authorities.
We believe that the courts, not the state government or federal
government, should have the final say in matters of citizens’ human
rights.”

According to the organization, “The NJC should ensure that when
the authorities disobey court orders and suppress human rights,
they are not allowed to come to the court and seek reliefs until
they purge their contempt. Otherwise, the justice system and the
Nigerian constitution become a solemn mockery.”

The letter, copied to Mr. Diego GARCÍA-SAYÁN, UN Special
Rapporteur on the independence of judges and lawyers, read in part:
“If the practice by state governments and federal government is
allowed to continue, the courts will be relegated to desuetude, and
will lead to arbitrary and unrestricted power as well as further
suppression of citizens’ human rights.”

“It is essential for the NJC to issue directives to all courts
to promptly consider on the face of the papers filed by the
authorities whether the charges brought against journalists,
bloggers and activists are truly based on facts or fabricated to
secure indefinite detention of citizens with judicial
authority.”

“In several cases, journalists, bloggers and activists have
either been denied bail, as it is the case with journalist Agba
Jalingo, or granted bail with stringent conditions that implicitly
violate human rights, as it is the case with journalist and
activist Omoyele Sowore and Olawale Bakare. In all of such cases,
the alleged offences are not constitutionally and internationally
recognizable.”

“It is important for the judiciary to exercise all the judicial
power placed in its hands by the constitution with firm
determination and to guard against encroachments on that power by
either the state governments or the federal government.”

“Even during many years of military dictatorship when the
constitution was suspended and with it, Nigerians’ fundamental
rights, the judiciary was still able to play an important role in
securing protection of individuals’ rights and rejecting any forms
of executive rascality by drawing on a variety of sources,
including the African Charter on Human and Peoples’ Rights.”

“The return of democracy in 1999 gave rise to a legitimate
public expectation that the NJC and the judiciary would be more
active and proactive in enforcing the fundamental rights of
Nigerians and pushing back in cases of violations and abuses of
those rights, for the sake of the Nigerian constitution of 1999 (as
amended) and as a step forward for increased accountability and
greater integrity in government.”

“Nigerians now have a high degree of scepticism about the
ability of the authorities at the state and federal levels to
protect their human rights. We urge you to ensure that the NJC and
the judiciary consistently demonstrate their original and sacred
functions of standing between government and the governed.”

“Charging citizens for crimes of treason and treasonable felony
or ‘insult’ simply for exercising their human rights shows the
authorities’ lack of commitment to protecting the human rights of
all Nigerians, particularly those who perform critical roles and
contribute to strengthening and sustaining the Nigerian democratic
system.”

“No government should have the power to use the courts as a tool
of overriding the rights of individuals. The NJC has a
responsibility to ensure that the courts play a central role in
enforcing fundamental rights, and ensuring that the authorities do
not use the courts as a tool to charge citizens with crimes, which
are not constitutionally and internationally recognizable, simply
for exercising their human rights.”

“Democracy requires some protection of the weak from the strong.
The NJC ought to push for courts’ activism in the area of human
rights, especially at this time when the authorities are regularly
clamping down on citizens’ human rights. This will enhance
democracy, the rule of law, and will be entirely consistent with
the constitutional role of the judiciary.”

“Human rights and constitutional principles are fundamental and
it is the role of an independent judiciary to give effect to those
rights and principles, within the rule of law.”

“We believe that the NJC can ensure that the courts are better
protectors of human rights than the executive at state and federal
levels can ever be. Indeed, Nigerians including journalists,
bloggers and activists require protection from both the state
governments and federal government.”

“We believe that it is only an independent and courageous
judiciary that can ensure full respect for the human rights of
those brought before the courts by the authorities.”

“Agba Jalingo, journalist and publisher of the online
CrossRiverWatch, is charged with treason over a report about an
alleged diversion of N500 million by the Cross River governor, Ben
Ayade. According to our information, a Federal High Court sitting
in Calabar, Cross River State, and presided over by Justice Simon
Amobeda on October 4 2019 denied him bail. He was handcuffed to
another inmate when he appeared in court.”

“Similarly, journalist and activist Omoyele Sowore and Olawale
Bakare are facing trial on seven counts of treasonable felony,
fraud, cyber-stalking and insulting President Muhammadu Buhari,
simply for exercising their human rights.”

“Justice Ijeoma Ojukwu granted Sowore and Bakare bail but
imposed stringent conditions that implicitly violate their
constitutional rights to personal liberty, presumption of
innocence, freedom of movement and freedom of expression.”

“We hope that the aspects highlighted will help guide your
action by ensuring that the NJC is able to urgently respond to the
threats to judicial independence and authority highlighted above.
We would be happy to provide further information or to discuss any
of these issues in more detail with you.”