Emmanuel Ukudolo
Lagos, Oct 19, 2016 – Second Vice President of the Nigerian Bar Association (NBA), Mr. Monday Ubani has called on journalists to raise awareness about the need to decriminalize defamation in Nigeria’s criminal justice system.
Ubani who was speaking as a discussant at an occasion to mark the 30th anniversary of the murder of Editor-In-Chief of NewsWatch Magazine, Mr. Dele Giwa, put together by the Lagos State chapter of the Nigerian Union of Journalists (NUJ) in collaboration with Dele Giwa Foundation and family said decriminalizing defamation will benefit the continent in terms of peace, good governance, rule of law and democracy.
“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”, he said, adding that 2016 has been declared the African Year of Human Rights.
The NBA Vice President noted that Criminal Defamation is used as a significant tool to silence Journalists in Nigeria and Africa as a whole.
“Its continued existence in our Law Books deserves a second look”, he said.
He alluded to Burkina Faso, one of the African countries where the law was destroyed by 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”, he said.
He noted that the judgment should have major ramification throughout the continent, pointing out that 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”, he advised.
He explained that 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”, he noted, adding that 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””, he said.
He said it remains in the interest of Nigeria and the continent to promote freedom of expression, freedom of the press, safety of Journalists and to fight impunity in the system.
