‘Charges Against Sowore A Mockery Of Justice, End The Case Now’, SERAP Tells Malami

Socio-Economic Rights and Accountability Project (SERAP) has
sent an open letter to Mr Abukabar Malami, SAN, Attorney General of
the Federation and Minister of Justice, urging him to use his
position “to without delay enter a nolle prosequi and discontinue
the prosecution of the Convener of ‘RevolutionNow’ protest and
publisher of Sahara Reporters, Mr Omoyele Sowore, and Olawale
Bakare, also known as Mandate for apparently politically motivated
charges of treason, fraud and ‘insulting President Muhammadu
Buhari’.”

SERAP said: “We urge you to use your role as a trustee of the
public interest under section 174 of the Nigerian Constitution of
1999 (as amended) to end several of similar trumped-up cases going
on in several states.”

In the letter dated 21 September 2019 and signed by SERAP deputy
director Kolawole Oluwadare, the group said: “Sowore’s case and
several similar cases instigated/brought by state governors make a
hideous mockery of Nigeria’s criminal justice systems, rule of law,
freedom of expression and media freedom. These cases are
persecution and not prosecution. As guardian of the public
interest, you have a role to end this travesty now, and to maintain
the sanctity and integrity of Nigeria’s justice system.”

SERAP also said: “These cases set a dangerous precedent for the
misuse and subversion of the justice system, which may lead to the
politicization of judiciary. This will be bad for everyone—ordinary
citizens, journalists and even the politicians in power, as they
may themselves become targets of these repressive and abusive
tactics when they are out of power/in opposition.”

The letter read in part: “While the Nigerian government has the
responsibility to prevent and prosecute criminal offences, it ought
to do so lawfully, and in full compliance with human rights and the
rule of law. Exercising your constitutional independence and
discretion to withdraw these kinds of charges would meet the text
of reasonableness, demands of justice, and as noted, serve the
public interest.”

“Laws against terrorism and money laundering should be properly
used, and not to undermine critical voices, activists, and the
media. Invoking the charges of treasonable felony to unjustifiably
or arbitrarily restrict the right to freedom of opinion and
expression would minimise the seriousness with which our laws
traditionally treat such offences, and undermine the essence of the
criminal justice system and the rule of law.”

“If not urgently addressed, the misuse of the criminal justice
system and politicization of Nigeria’s judiciary would jeopardise
the independence of the judiciary and the rule of law and lower the
public estimation of the ability of our justice system to serve as
the last hope of justice for desperate victims. Unless these bogus
charges are immediately withdrawn, there is a danger that the
public interest represented by the courts and that represented by
your role, might part company.”

“Attacks on journalism are fundamentally at odds with protection
of freedom of expression and access to information, which in turn
is key to promoting transparency and accountability, and the
achievement of the government’s anti-corruption agenda.”

“Withdrawing this case would send a strong message to many state
governors that your office will not accept their persistent abuse
of the criminal justice systems to jail journalists, bloggers and
activists, just as it is, for example, the case in Cross River
State, where journalists Agba Jalingo and Ekanem Ekpo have been
charged with treason and now being detained for 90 days simply for
reporting about an alleged diversion of N500 million by the Cross
River governor, Ben Ayade.”

“As Nigeria’s Chief Law Officer, it is vital to our democracy,
judicial independence and rule of law for you to stop the Federal
Government and state governors from misrepresenting the country’s
constitutional jurisprudence and international obligations in the
matters of freedom of expression and media freedom.”

“SERAP notes that last Friday the Federal Government filed a
seven-count charge of cybercrimes of insulting Mr Buhari, money
laundering and treasonable felony against Sowore and Bakare. The
charges followed their detention by security operatives on 2nd
August, 2019. Order was his detention was not made until the 8th of
August.

“SERAP also notes that at a forum we organized in June 2019 to
discuss the legality of the Cybercrimes Act, your representative
and the Head of Cybercrimes Prosecution Unit in the Ministry of
Justice Mr. Terlumun George Tyendezwa said the Justice Ministry was
committed to pursuing the amendment of the Act, to remove its
repressive provisions like insulting public officials, which is now
being used in this case, and frequently to undermine freedom of
expression, media freedom and provide special protection for public
figures including president and state governors.”

“Nigerian constitution and international human rights treaties
such as the International Covenant on Civil and Political Rights
and the African Charter on Human and Peoples’ Rights to which
Nigeria is a state party protect even shocking and offensive
speech.”

“Article 19 of the International Covenant on Civil and Political
Rights guarantee everyone’s right to hold opinions without
interference and to seek, receive and impart information and ideas
of all kinds, regardless of frontiers and through any media,
including in the form of art.”

“The Human Rights Committee in fact underlines in General
Comment 34 that laws should not provide for more severe penalties
solely on the basis of the identity of the person and that the
value placed by the Covenant upon uninhibited expression is
particularly high in cases involving public or political figures.
Thus, the mere fact that forms of expression are considered to be
insulting to these figures is not sufficient to justify the
imposition of penalties.”

“These restrictions on freedom of expression and media freedom
cannot meet the basic tests of legality, reasonableness and
proportionality. It is normal for expression to provoke
controversy, reaction and discourse, even anger but not punishment,
fear and silence.”

“We hope that the aspects highlighted will help guide your
actions in acting to withdraw the charges against Sowore and
Bakare, and several other similar charges instigated or brought by
state governors across the county. We would be happy to provide
further information or to discuss any of these issues in more
detail with you.”

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