A Federal High Court sitting in Abuja on Friday, ordered the Attorney General of the Federation (AGF) and Minister of Justice to re-open investigation and prosecution of those who murdered the founder of Newswatch Magazine, Dele Giwa, 38 years ago.
Dele Giwa was murdered on October 19, 1986 in his Lagos office through a letter bomb.
Justice Inyang Ekwo, in his judgment on Friday in a suit filed against the Attorney General of the Federation (AGF) and Minister of Justice held that the Chief Law Officer of the Federation is under obligation to prosecute and penalize killers of media practitioners in the country.
Apart from Dele Giwa, the court ordered that the killings of other journalists in the discharge of their lawful duties must be investigated and perpetrators brought to book in line with the provisions of the law.
The Incorporated Trustees of Media Rights Agenda (MRA) had dragged the AGF before the court for the enforcement of fundamental rights of media practitioners to safety as guaranteed by the 1999 Constitution and African Charters on Human Rights.
In the motion on notice marked: FHC/ABJ/CS/1301/2021 filed by their lawyer, Mojirayo Ogunlana-Nkanga, the applicant sought a declaration that the killings of various journalists and media practitioners in Nigeria are 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 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, 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, in the judgment, ordered the Federal Government to ensure adequate protection and safety of lives of journalists as enshrined in Sections 33, 39 of the Constitution and Articles 4 and 9 of the African Charters on Human and Peoples Rights.
Apart from Dele Giwa, the court ordered that the killings of other journalists while performing their jobs should be investigated and that offenders should be prosecuted in accordance with the terms of the law.
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.
“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 took 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,” he said and added that, the media is a constitutional profession, hence,the journalists and media practitioners ought to be protected in the course of the duties.
The judge said he found in the end that the applicant had established its case by credible evidence and ought to be entitled to the reliefs sought.
“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”, Justice Ekwo held.
Dele Giwa and fellow journalists Ray Ekpu, Dan Agbese and Yakubu Mohammed founded Newswatch in 1984, but its first edition was distributed on January 28, 1985.
Dele Giwa’s assassination on Sunday, October 19, 1986, reportedly occurred two days after he had been interviewed by officials of the State Security Service (SSS), also known as the Department of State Services (DSS).
