ECOWAS court dismisses MRA’S suit seeking compensation for families of 11 murdered Nigerian journalists

THE ECOWAS Court of Justice has dismissed a suit by Media Rights Agenda ( MRA) seeking to compel the Nigerian Government to pay N10 million each to the families of 11 journalists killed over the years and declare that the government’s failure to take effective measures to protect them was a violation of their rights to life and freedom of expression.

The court ruled that though the right to freedom of expression is a matter of public interest, which MRA is entitled to approach the court to protect, the organisation failed to meet other conditions required for it to maintain such a suit before the court in the public interest.

Specifically, the court said the right to life is a private right and could not be classified as public right which MRA can defend before the court on behalf of the dead journalists while the claim for the payment of N10 million to each of the families of the deceased journalists, though not for the benefit of MRA, could also not be said to be for the benefit of the public at large, contrary to the requirement in public interest cases that the reliefs sought must be exclusively for the benefit of the public.

Human rights lawyers, Mr.

Darlington Onyekwere, Ms Chioma Nwaodike, Ms Obioma Okonkwo and Mr. Sideeq Rabiu, filed the suit on behalf of MRA on August 13, 2021 over the death of 11 journalists: Tunde Oladepo, Okezie Amaruben, Fidelis Ikwuebe, Sam Nimfa- Jan, Samson Bayo Ohu, Nathan Dabak, Sunday Gyang Bwede, Zakariya Isa, Enenche Akogwu and Precious Owolabi, who were killed at different times, according to MRA, while discharging their journalistic duties or in circumstances related to the performance of their professional duties.

MRA sought the following reliefs:

• A declaration that the killing of the 11 journalists is a violation of their right to life as contained in section 33 of the 1999 Constitution ( as amended), Article 4 of the African Charter on Human and Peoples’ Rights, Article 3 of the Universal Declaration of Human Rights ( UDHR) and Article 6 ( 1) of the International Covenant on Civil and Political Rights ( ICPPR);

• A declaration that the killing of the 11 journalists while carrying out their journalistic duties is a violation of their right to freedom of expression and press as contained in section 39 of the 1999

Constitution; Article 9 of the African Charter, Article 19 of the UDHR and Article 19( 2) of the ICCPR;

• A declaration that the failure of the Government to adopt effective measures to protect and guarantee the safety of the journalists under Article 66( 2)( c) of the Revised ECOWAS Treaty 1993 and Principle 20 of the Declaration of Principles of Freedom of Expression and Access to Information in Africa, amounts to a breach of the duty and obligation imposed on the Government by the African Charter and the Revised ECOWAS Treaty;

• A declaration that the failure of the Government to take measures to raise awareness and build the capacities of journalists and media practitioners, policymakers, and other stakeholders on laws and standards for ensuring the safety of journalists and other media practitioners in accordance with Principle 20 of the Declaration of Principles amounts to a breach of the duty and obligation imposed on government by the Declaration and under the African Charter;

• A declaration that the Government has an obligation under sections 33 and 39 of the Nigerian Constitution; Articles 4 and 9 of the African Charter, Principle 20 of the Declaration of Principles; Article 2( 3) of ICCPR; and Article 66( 2) ( c) the Revised ECOWAS Treaty to carry out an effective impartial investigation as well as to prosecute and punish the perpetrators of attacks on journalists in Nigeria.

• A declaration that the failure of the Nigerian government to take effective legal and other measures to adequately investigate, prosecute and punish perpetrators of attacks against Nigerian journalists and ensure that the victims’ families have access to effective remedies, is a breach of the duty and obligation imposed on the government by Article 66( 2) of Revised ECOWAS Treaty, Article 2( 3) of the ICCPR; and the African Charter;

• An order directing the Government to take measures to prevent attacks on journalists and other media practitioners.; and to immediately carry out an effective, transparent, and impartial investigation into the murders of the journalists;

• An order directing the Government to identify, prosecute, and punish perpetrators of the attacks against the journalists and other media practitioners and ensure that victims have access to effective remedies.