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Vanguard Newspaper 17 October 2019

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Harassment, intimidation of<br />

journalists: Lawyers raise concern<br />

By Innocent Anaba, Onozure<br />

Dania<br />

REACTIONS<br />

have<br />

continued to trail<br />

Amnesty International<br />

Monday’s<br />

report,<br />

Endangered Voices, released<br />

at a briefing on state of<br />

freedom of expression and<br />

media freedom in Abuja,<br />

detailing harassments,<br />

intimidation, sometimes<br />

physically assault and<br />

arbitrary arrests by Nigerian<br />

authorities of Journalists,<br />

bloggers and activists,<br />

simply <strong>for</strong> doing their job or<br />

expressing dissenting<br />

opinions, which it noted was<br />

on the increase.<br />

In this edition of Law and<br />

Human Rights, we bring to<br />

you the view of lawyers, as<br />

they expressed concern over<br />

the development.<br />

Excerpt:<br />

Prof Ernest Ojukwu,<br />

SAN.<br />

The report of harassment,<br />

Legal History Society of Nigeria inaugurated in Lagos<br />

By Innocent Anaba<br />

LEGAL History Society of<br />

Nigeria, has been<br />

inaugurated with its maiden<br />

conference with the theme:<br />

“Does Legal History Matter?”<br />

held in Lagos.<br />

The body, boast of imminent<br />

personalities as members,<br />

which include Chief Anthony<br />

Idigbe, SAN, Prof. Fabian<br />

Ajogwu, SAN, Prof. Fidelis<br />

Oditah, QC, SAN, Mr. Tayo<br />

Oyetibo, SAN, Chief Bayo Ojo,<br />

SAN, <strong>for</strong> Attorney General of<br />

the Federation and <strong>for</strong>mer<br />

President of Nigerian Bar<br />

Associattion, NBA, Richard<br />

Akinnola, Mr. Nduka<br />

Obaigbena, Thisday Newspaper<br />

Publisher, Mr Supo Shasore,<br />

<strong>for</strong>mer Attorney General of<br />

Lagos State, Prof. Philip Girard<br />

of Osgoode Hall School, Canada<br />

among <strong>other</strong>s.<br />

They noted at the event that<br />

preserving the legal history of<br />

the country in such a manner<br />

that it could be easily retrieved<br />

when needed, would assist<br />

future generations in terms of<br />

understanding the reasoning<br />

behind every piece of<br />

legislation.<br />

Stressing the importance of<br />

legal history, Idigbe, SAN, who<br />

is President of the body,<br />

explained “If legal history is not<br />

preserved, we may be doing<br />

things the wrong way in the<br />

future or do them differently.<br />

“So, it is not just the issue of<br />

preserving legal history, it is<br />

about the ability to recall or<br />

retrieve it and use it. You<br />

should not work <strong>for</strong> what has<br />

EDITORIAL<br />

Innocent Anaba<br />

( Editor)<br />

Ikechukwu Nnochiri<br />

Henry Ojelu,<br />

Onozure Dania<br />

arrest and detention of<br />

journalists in Nigeria by<br />

government agents is a<br />

disturbing trend that<br />

challenges our hope <strong>for</strong><br />

democracy and freedoms. It<br />

a cause <strong>for</strong> concern. In all<br />

history, the introduction of<br />

dictatorships commenced<br />

with the harassment of<br />

journalists and citizens who<br />

spoke out against governance<br />

wrongs.<br />

“Once there is a successful<br />

clamp down on freedom of<br />

speech and freedom of<br />

in<strong>for</strong>mation all <strong>other</strong> human<br />

and people’s rights become a<br />

mirage. I hope that all well<br />

meaning person’s will<br />

continue to speak out on this<br />

issue and keep calling out our<br />

leaders and agents who think<br />

that they themselves would<br />

be safe in a country without<br />

freedoms.”<br />

Solomon Akuma SAN,<br />

said “It is un<strong>for</strong>tunate. It is a<br />

sign to gag the press and<br />

freedom of expression and a<br />

Left: Prof. Fabian Ajogwu, SAN, Mr. ED Emeka Keazor, Prof. Philpi<br />

Girard, Chief Tony Idigbe, SAN and Supo Shasore, SAN,after the<br />

presentation of Sourvenir to Prof. Girard at the event.<br />

been worked <strong>for</strong> in the past. We<br />

should be building on what has<br />

been worked <strong>for</strong> instead. In a<br />

situation where there is a gap<br />

between what we do today and<br />

what was done in the past, it<br />

will result in doing the things<br />

all over again and that will<br />

limit our experience. The more<br />

experienced you are, the easier<br />

it is to do things,” he said.<br />

According to him, the society<br />

is trying to identify where the<br />

history can be found, retrieve<br />

it, and store it in a manner that<br />

it can be recalled, be it in the<br />

manner of electronic <strong>for</strong>mat,<br />

books and oral history.<br />

Ajogwu, who<br />

chaired a panel on<br />

Legal History and<br />

Politics said, “If you<br />

don’t know the<br />

reason why certain<br />

laws are passed or<br />

what led to some<br />

re<strong>for</strong>ms, the next<br />

time you are about to<br />

do it, you might not<br />

know how to proceed.<br />

“If you listen to the<br />

debate on how<br />

certain laws are<br />

made, they aid in<br />

adjudication and<br />

deciding what was<br />

the mischief it<br />

sought to cure. We<br />

felt that it is<br />

clear indication of<br />

intolerance to opposing<br />

views.”<br />

Prof Sam Erugo, Dean,<br />

Faculty of Law, Abia State<br />

University<br />

There’s general clampdown<br />

on those critical of this<br />

government, it’s not limited<br />

to journalists. The spate of<br />

harassment, arrests and<br />

detention of innocent citizens<br />

is worrisome. The journalists<br />

are usually victims in<br />

situations such as the present<br />

in Nigeria. There’s is apparent<br />

impunity and abuse of<br />

executive powers by agents<br />

of the executive arm; and this<br />

can only be addressed by the<br />

executive. The rule of law<br />

should dictate the course of<br />

action of every agent of<br />

government. Baton will<br />

always change, and today’s<br />

agent-supremo could<br />

become the hunted<br />

tomorrow.<br />

Mrs Ethel Nwabuzor<br />

important not just to be quoting<br />

English laws, we need to<br />

document our own legal<br />

history.” According to him, the<br />

case of Ahmed Tijani and<br />

Adesugba, a 1920s matter dealt<br />

with ownership and integrity<br />

of the judiciary at that time<br />

and specifically the politics of<br />

that time because the country<br />

was than a protectorate.<br />

He further said, “If you drive<br />

around Ikoyi, Lagos, you will<br />

see Bourdilion and McPherson.<br />

Those are our history. We<br />

cannot just assume that future<br />

generations will know. They<br />

deserve to really know what our<br />

legal history was. That is what<br />

VANGUARD, THURSDAY, OCTOBER 17, 2019—51<br />

It’s not just illegal but also<br />

unconstitutional, A flagrant<br />

violation of their<br />

fundamental human rights as<br />

enshrined under the 1999<br />

Constitution. It is also an<br />

assault on the Freedom of<br />

In<strong>for</strong>mation Act.<br />

Olanrewaju Ajanaku<br />

One evil that can be<br />

catastrophic if allowed to<br />

fester is the gag of the realm<br />

of journalism. They can make<br />

or mar the government. Woe<br />

betides that government that<br />

makes or attempts to gag the<br />

watchdog of the society.<br />

On the basis of seeing<br />

journalism and journalists as<br />

the prism of our ‘sights.’ It is<br />

un<strong>for</strong>tunate that there seems<br />

to be an unwitting<br />

clampdown on journalists in<br />

this era and this should not be<br />

so. Some would argue that<br />

with the state of infringements<br />

on fundamental rights of<br />

people, particularly,<br />

journalists, that the<br />

government of the day is<br />

becoming despotic.<br />

“Some <strong>other</strong>s would argue<br />

that if the government of the<br />

day does not put its feet<br />

down, certain individuals or<br />

certain professionals like<br />

journalists would not know<br />

that there is a limit to freedom<br />

of speech. By and large, one<br />

would begin to wonder if there<br />

should not be a meeting and<br />

Legal History<br />

Society is<br />

doing -<br />

showing the<br />

n e x u s<br />

between laws<br />

and society,<br />

laws and<br />

religion as<br />

well as laws<br />

and politics.<br />

It touches<br />

every <strong>other</strong><br />

thing because<br />

a lawless<br />

society is not a<br />

society.”<br />

Speaking as<br />

a panelist on<br />

legal history<br />

and the role of<br />

newspapers,<br />

publisher of<br />

Thisday<br />

Newspapers,<br />

M r .<br />

Obaignena said: “If you run a<br />

good company, you can attract<br />

investment from anywhere.<br />

We have to determine our<br />

future in 2023. It is how we<br />

build that future that will<br />

determine our development.<br />

And in doing that we need a<br />

strong legal institutions and<br />

services as well as a robust<br />

media.”<br />

Akinnola, a media expart<br />

decried what he described as<br />

lack of research and in depth<br />

investigation among<br />

journalists and expressed<br />

optimism that the society would<br />

help to deepen learning in that<br />

area.<br />

melting point between the<br />

government and the<br />

journalists to warrant a<br />

balance and avoid<br />

unnecessary arrests,<br />

batteries, assault of all sorts<br />

and even confinements in<br />

very extreme cases as has<br />

been brought to the <strong>for</strong>e by<br />

Amnesty International.<br />

“I begin to wonder the type<br />

of advisers and the advises<br />

that the government is getting<br />

that is making them react to<br />

all sorts of ‘barrages’ and<br />

seeming ‘attacks’ at a time and<br />

policies of government. By<br />

and large, I do believe that<br />

the government really needs<br />

to tread carefully. The<br />

damnation that would follow<br />

such acts as we are seeing now<br />

would be unprecedented. I<br />

sincerely do think that the<br />

government of the days needs<br />

betters advisers in this<br />

regard.<br />

Report of Amnesty<br />

International cannot just be<br />

wished away. It’s high time we<br />

looked critically at the claims<br />

and address the issues that<br />

brought these journalists into<br />

objects of oppression and<br />

address the situation<br />

immediately.<br />

David Fadile<br />

Freedom of Expression is<br />

constitutionally recognised<br />

in any sane climes. Sec 39 of<br />

the 1999 constitution as<br />

amended guaranteed the<br />

freedom of expression of<br />

every person be it Nigerian<br />

citizen or non citizen<br />

however, subject to tort of<br />

libel and defamation. In<br />

furtherance of the above the<br />

government of Nigeria<br />

enacted Freedom of<br />

In<strong>for</strong>mation Act so as to<br />

enable Nigerian citizens<br />

access to vital in<strong>for</strong>mation.<br />

Tragically, the same<br />

government of Nigerian<br />

enacted an<strong>other</strong> legislation<br />

known as Cyber Crimes Act<br />

2015. This act has taken away<br />

the freedom of expression of<br />

the same every person<br />

through the backdoor.<br />

“The journalists both print<br />

and media are against the<br />

letter of the constitution<br />

often issue a disclaimer saying<br />

the in<strong>for</strong>mation is the view of<br />

xyz and not that of the media<br />

organisation. This is<br />

completely unwarranted in a<br />

democracy. The assault on<br />

the media is avoidable if the<br />

practitioners rather than<br />

bemoaning their current<br />

travails can muster courage<br />

with the support of the civil<br />

societies engage the<br />

government of the day on the<br />

need to protect the<br />

practitioners <strong>other</strong>wise the<br />

entire nation is in trouble.<br />

“Additionally, there is the<br />

urgent need to challenge any<br />

legislation<br />

that<br />

surreptitiously takes away<br />

the freedom of expression of<br />

every person in Nigeria such<br />

as the Cyber Crimes Act. I<br />

want to appeal to APC led<br />

government to be tolerant of<br />

opposition, critics etc.

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