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Recall
that the Federal Government recently withdrew the accreditations of 25
journalists from covering activities at the Presidential Villa, Abuja.
A lawsuit has been filed against President Bola Ahmed Tinubu by the
Socio-Economic Rights and Accountability Project (SERAP) over “the
unlawful ban and withdrawal of the accreditations of 25 journalists and
media houses from covering the Presidential Villa.”
The Federal Government recently withdrew the accreditations of 25
journalists from covering activities at the Presidential Villa, Abuja.
The affected journalists were reportedly told at the main gate of the
Presidential Villa to submit their accreditation tags.
But in a new lawsuit with suit number FHC/L/CS/1766/23 filed last Friday
at the Federal High Court in Lagos, SERAP says it is seeking: “an
order to direct and compel President Tinubu to reverse the revocation of
the accreditations and ban on 25 journalists and media houses from
covering the Presidential Villa.”
SERAP is seeking: “an order of perpetual injunction to restrain
President Tinubu or any other authority, person or group of persons from
arbitrarily and unilaterally revoking the accreditations of any
journalists and media houses from covering the Presidential Villa.”
SERAP is also seeking: “a declaration that the withdrawal and
revocation of accreditation tags and ban on the journalists and media
houses from covering the Presidential Villa without any lawful
justifications is inconsistent with the rights to freedom of expression,
access to information, participation, and media freedom.”
In the suit, SERAP is arguing that: “If not reversed, the arbitrary
ban on the journalists from covering the Presidential Villa would open
the door to other cases of arbitrariness and would restrict people’s
right to freedom of expression, access to information, participation,
and media freedom.”
In the suit filed on behalf of SERAP its lawyers Ebun-Olu Adegboruwa,
SAN, Kolawole Oluwadare, and Ms Valentina Adegoke, SERAP is also arguing
that;
“The withdrawal of the accreditations of the journalists is
without any lawful justifications. It is inconsistent and incompatible
with plurality of voices, diversity of voices, non-discrimination, and
just demands of a democratic society, as well as the public interest.”
It read in part;
“The ban on the journalists from covering the Presidential Villa fails
to meet the requirements of legality, necessity, and proportionality.”
“The media plays an essential role as a vehicle or instrument for the
exercise of freedom of expression and access to information – in its
individual and collective aspects – in a democratic society.”
“The existence of a free, independent, vigorous, pluralistic, and
diverse media is essential for the proper functioning of a democratic
society.”
“The free circulation of ideas and news is not possible except in
the context of a plurality of sources of information and media outlets.
The lack of plurality in sources of information is a serious obstacle
for the functioning of democracy.”
“The exercise of the right to freedom of expression through the media is
a guarantee that is fundamental for advancing the collective
deliberative process on public and democratic issues.”
“The strengthening of the guarantee of freedom of expression is a
precondition for the exercise of other human rights, as well as a
precondition to the right to participation to be informed and reasoned.”
“Under the Nigerian Constitution 1999 [as amended] and human rights
treaties to which Nigeria is a state party, freedom and diversity must
be guiding principles in the measures to promote media freedom. The ban
on the 25 journalists is entirely inconsistent and incompatible with
these principles.”
“The Federal Government should aspire to promote and expand the scope of
media freedom, access to information, freedom of expression, and
citizens’ participation, not restrict these fundamental freedoms.”
“Barring these journalists and media houses from covering the
Presidential Villa is to prevent them from carrying out their legitimate
constitutional responsibility.”
“The withdrawal of the accreditation tags of these journalists
directly violates media freedom and human rights including access to
information and the right to participation. It would have a significant
chilling effect on newsgathering and reporting functions, and may lead
to self-censorship.”
“The withdrawal of the accreditations of the journalists would construct
barriers between Nigerians and certain information about the operations
of their government, something which they have a constitutional right
to receive.”
“Media freedom, access to information, and the right to participation
are necessary for the maintenance of an open and accountable government.
These freedoms are so fundamental in a democracy that they trump any
vague grounds of ‘security concerns and overcrowding of the press
gallery area.’”
“According to reports, the Federal Government on 18 August 2023 withdrew
the accreditation tags of some 25 journalists and media houses from
covering activities at the Presidential Villa, Abuja.”
“The banned journalists reportedly include those from Vanguard
newspaper; Galaxy TV; Ben TV; MITV; ITV Abuja; PromptNews, ONTV, and
Liberty. Other media personnel affected by the withdrawal are mostly
reporters and cameramen from broadcast, print, and online media
outlets.”
“Under section 22 of the Nigerian Constitution, the mass media including
‘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.’”
“Section 14(2)(c) of the Constitution provides that ‘the participation
by the people in their government shall be ensured in accordance with
the provisions of this Constitution.’”
“Similarly, Article 9 of the African Charter on Human and Peoples’
Rights provides that, ‘Every individual shall have the right to receive
information. Every individual shall have the right to express and
disseminate his opinions.’”
“Article 13 of the Charter also provides that, ‘Every citizen shall
have the right to participate freely in the government of his country.
Every citizen shall have the right of equal access to the public service
of his country. Every individual shall have the right of access to
public property and services.’
“Articles 19 and 25 of the International Covenant on Civil and Political Rights contain similar provisions.”
No date has been fixed for the hearing of the suit. |
