When a journalist is violently targeted and such attack is willfully left un-investigated and perpetrators not prosecuted and sanctioned, impunity is established; and when such practices become the norm, impunity is entrenched
Emmanuel Ukudolo
Nigeria, Oct 20, 2016 – Not less than 18 journalists have been killed in Nigeria since 1986 and not one of the killers has been found till date by the Nigerian security forces.
The revelation was made by Second Vice President of the Nigerian Bar Association(NBA), Mr. Monday Ubani in Lagos at an occasion to mark the 30th anniversary of the murder of Editor-In-Chief of NewsWatch Magazine, Dele Giwa.
The occasion as put together by the Lagos State chapter of the Nigerian Union of Journalists (NUJ), the Dele Giwa Foundation and family of the deceased.
He condemned those in government or outside the government who promote or sponsor violence, oppression and tyranny against journalists and media houses.
Quoting Professor Christof Heyns, UN Special Rapporteur on Extra Judicial Arbitrary Execution, he said, “When a journalist is violently targeted and such attack is willfully left un-investigated and perpetrators not prosecuted and sanctioned, impunity is established; and when such practices become the norm, impunity is entrenched”.
According to him, the names of those who were murdered after Dele Giwa are as follows:
1. Zakariya Isa, Nigerian Television Authority (N.T.A) 2011, in Nigeria.
2. Eneche Akogwu, Channels TV, January 20, 2012 in Kano, Nigeria.
3. Sunday Gyang Bwede, The Light Bearer, April 24, 2010, in Jos, Plateau State, Nigeria.
4. Nathan S. Dabak, The Light Bearer, April 24, 2010, in Jos, Plateau State, Nigeria.
5. Bayo Ohu, The Guardian, September 20, 2009, in Lagos, Nigeria.
6. Samson Boyi, The Scope, November 5, 1999, in Adamawa State, Nigeria.
7. Sam Nimfa-Jan, Details, May 27, 1999, Kafanchan, Nigeria.
8. Okezie Amaruben, Newsservice, September 2, 1998, in Enugu, Nigeria.
9. Tunde Oladepo, The Guardian, February 26, 1998, in Abeokuta, Nigeria.
10. Ikechukwu Udendu, Anambra News, January 12, 2013, in Anambra State, Nigeria.
11. Nansok Sallah, Highland FM, January 18, 2012, in Jos, Nigeria.
12. Edo Sule Ugbagwu, The Nation, April 24, 2010, in an area outside Lagos, Nigeria.
13. Paul Aboyomi Ogundeju, This Day, August 16, 2008, in Dopemu, Nigeria.
14. Godwin Agbroko, This Day, December 22, 2006, in Nigeria.
15. Bolade Fasasi, National Association of Women Journalist, March 31, 1999, in Ibadan, Nigeria.
16. Chinedu Offoaro, The Guardian May 1, 1996, in Nigeria.
17. Baguda Kaltho, The News, March 1, 1996, in Nigeria.
SEE FULL TEXT OF UBANI’S SPEECH AT THE EVENT
SAFETY OF JOURNALISTS AND CULTURE OF IMPUNITY IN AFRICA
Protocols
We must continue to emphasize these fundamentals that Government, Politicians and everyone must see Journalists as veritable partners to secure a strong, virile and transparent society. They are partners and not enemies. Therefore their safety, security must be uppermost in the minds of the Government and the people.
There cannot be peace, democratic development in any country so long as journalists practice their trade under the condition of fear, insecurity and corruption. We must condemn those in Government or outside the Government who promote or sponsor violence, oppression and tyranny against Journalists and media houses. According to Professor Christof Heyns, UN Special Rapporteur on Extra Judicial Arbitrary Execution, “when a journalist is violently targeted and such attack is willfully left un-investigated and perpetrators not prosecuted and sanctioned, impunity is established; and when such practices become the norm, impunity is entrenched”. We are all witnesses to how many Journalists have been murdered in cold blood after the gruesome murder of Dele Giwa since 1986 and up till now the murderers have not been brought to Justice even when they are known. The names of those who were murdered after Dele Giwa are as follows:
18. Zakariya Isa, Nigerian Television Authority (N.T.A) 2011, in Nigeria.
19. Eneche Akogwu, Channels TV, January 20, 2012 in Kano, Nigeria.
20. Sunday Gyang Bwede, The Light Bearer, April 24, 2010, in Jos, Plateau State, Nigeria.
21. Nathan S. Dabak, The Light Bearer, April 24, 2010, in Jos, Plateau State, Nigeria.
22. Bayo Ohu, The Guardian, September 20, 2009, in Lagos, Nigeria.
23. Samson Boyi, The Scope, November 5, 1999, in Adamawa State, Nigeria.
24. Sam Nimfa-Jan, Details, May 27, 1999, Kafanchan, Nigeria.
25. Okezie Amaruben, Newsservice, September 2, 1998, in Enugu, Nigeria.
26. Tunde Oladepo, The Guardian, February 26, 1998, in Abeokuta, Nigeria.
27. Ikechukwu Udendu, Anambra News, January 12, 2013, in Anambra State, Nigeria.
28. Nansok Sallah, Highland FM, January 18, 2012, in Jos, Nigeria.
29. Edo Sule Ugbagwu, The Nation, April 24, 2010, in an area outside Lagos, Nigeria.
30. Paul Aboyomi Ogundeju, This Day, August 16, 2008, in Dopemu, Nigeria.
31. Godwin Agbroko, This Day, December 22, 2006, in Nigeria.
32. Bolade Fasasi, National Association of Women Journalist, March 31, 1999, in Ibadan, Nigeria.
33. Chinedu Offoaro, The Guardian May 1, 1996, in Nigeria.
34. Baguda Kaltho, The News, March 1, 1996, in Nigeria.
Let us take note and this is true, when Journalists are free to ply their trade without fear of loss of their lives or loved ones, they are empowered to inform the people accurately on the issues of governance and the people are the ultimate beneficiaries. Journalists in actual fact are agents of democracy and freedom.
POLITICAL AGENDA
It is advisable that Journalists must continue to raise awareness and bring the issue of their safety and security on the political agenda at National, Regional and International Levels. The successful advocacy will lead to more Resolutions on their rights. One of such Resolutions was the one passed by African Commission on Human and People’s Rights on the Safety of Journalists in 2011. Happily in Arusha, Tanzania in September, 2013 at the 68th Session of the UN General Assembly, a Resolution A/RES/68/163 was adopted proclaiming every November 2nd as International Day to End Impunity for Crimes Against Journalists. That Resolution urged Members’ States to implement measures to counter the present culture of impunity.
THE JUDICIAL ANGLE TO ENDING IMPUNITY AND GUARANTEEING SAFETY FOR JOURNALISTS
Criminal Defamation is used as a significant tool to silence Journalists in Nigeria and African as a whole. Its continued existence in our Law Books deserves a second look. Let us take a look at one of the African countries where this law was destroyed by a stroke of a pen by the African Court on Human and People’s Rights. It was the case of Konate V. Burkina Faso. In that case, the African Court delivered a landmark judgment that no journalists should face prison for defamation. The case was brought on behalf of Mr. Konate, an editor of one of the newspapers in that country. He was jailed in 2012 for reports which accused a prosecutor of corruption. He spent a year in prison and his paper was suspended. He was freed by that Court, awarded compensation and the country was advised to change its Criminal Defamation Laws (remember a governor who has caused two journalists to be arrested recently on account of defamation of himself and his wife). I am sure you all know the governor.
That judgment should have major ramification throughout the continent. Criminal defamation is one of the major impediment to effective journalism – the threat of prison for journalists who expose corruption or criticize the Government. It is a welcome news to Journalists, Bloggers, Political Activists and Human Rights Defenders across the Continent who have similarly faced prison for their reporting and activism. Such judgment should pave the way for the decriminalization of similar laws. Such as Insult Laws and Publication of False News. Remember that at one time in our history, infact under the Military Leadership of Major General Buhari, publication of truth which embarrasses a Public Officer was made a criminal offence. Remember Tunde Thompson & Co. Konate was represented by a team of lawyers from African and Europe. This matter was brought to African Court as a last resort. They argued that the Court should rule not only that Konate’s rights were violated but that as a matter of concern; no journalist should ever be imprisoned for defamation.
Konate for his own part was delighted with the outcome. Having spent a year behind bars simply for publishing an article, he finally feels that he has been vindicated. Outside the Court House, he said “Not only am I happy from a personal point of view but also because this decision will have positive implications for all my fellow journalists who face great risks, including as I did, imprisonment for reporting on issues that matter. This is a victory for the entire profession”.
Finally, before I sit down, I want to emphasize the fact that it is in the interest of the country and the Continent to promote freedom of expression, freedom of the press, safety of Journalists and to fight impunity in the system. By increasing the safety of Journalists, reinforcing the fight against impunity and raising awareness about decriminalization of defamation, the Continent will benefit in term of peace, good governance, democracy and the rule of law. It is worth mentioning that 2016 has been declared the African Year of Human Rights.
For you the Journalists by way of advice, you must resolve to support standards for professional and Journalistic excellence and editorial independence. You must also examine the role of media and Journalism in promoting peaceful co-existence and building peace and condition for democracy, economic and social development in the Continent. Whoever comes to equity must come with clean hands. Are your hands clean? Do not answer, ponder. Dele Giwa must never die in vain, it is hoped that one day in my own lifetime, those who killed him will be brought before the Justice of the land. If they do escape, as it seems now, they will never escape the Justice of the Almighty God.
Thank you for this opportunity.
M. O. UBANI
2nd Vice President of NBA
