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Review Official Secret Act, Criminal Code Act, Cybercrime Act, other laws that restrict civic space – SERAP urges FG

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By Jude-Ken Ojinnaka

The Federal Government of Nigeria (FGN) have been urged to without further delays, review the laws like the Official Secrets Act, Criminal Code Act and Cybercrime Act that placed restrictions on Civic space such as free speech and press, and amend them in line with international human rights standards and agreements, including the declaration for the development of free, independent and pluralistic press.

This is contained in the report by a human rights and advocacy organisation, the Socio-Economic Rights and Accountability Project (SERAP) titled “Crackdown On Media Freedom And Civic Space In Nigeria” unveiled on Tuesday March 26 in Ikeja, Lagos to the public by Dr Bunmi Afinowi from the Faculty of Law, University of Lagos (UNILAG) during an interactive session organised by SERAP

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The interactive session organized in collaboration with the National Endowment for Democracy (NED), aimed to bring together journalists, media practitioners, media houses, lawyers, civil society organizations, and government institutions and agencies to discuss the increasing level of repression of media freedom and freedom of expression in Nigeria.

In the report SERAP advocated for the strengthening of the independence of regulatory bodies like the National Broadcasting Commission (NBC) and the Nigerian Press Council (NPC) to ensure impartial regulation and promote self-regulation within the media. It made reference to the recent decision of the Federal High Court on the powers of the NBC which is a step in the right direction.

While stating that the FGN should ensure a diverse representation in the NBC and NPC, by including Press Unions, civil society, and academia, the rights organisation posited that “The judiciary has a role to play in this regard by ensuring that it upholds the rule of law and safeguards fundamental human rights as recognised and enshrined in the Constitution.

“Bodies like the National Human Rights Commission, the Nigeria Union of Journalists, and relevant civil societies must ensure prompt and thorough investigations into the attacks on journalists and hold perpetrators accountable.”

Dr Afinowi stressed the need for professional bodies and civil society to encourage coalitions and ensure adequate funding, capacity building and technical support for civil society organisations working on media freedom and human rights issues. She added that both the FGN and state governments should be tolerant of criticisms and perceived critical views expressed by Nigerians.

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“The Nigerian government should prevail on law enforcement agencies to refrain from arbitrary arrests and frivolous charges based on exercise of the right to freedom of expression.” Afinowi advocated

According to her, various issues experienced around the shrinking of Civic space/press include freedom of expression and the press,

Speaking on action plans recommended in the report, Dr Afinowi who conducted the research in collaboration with SERAP , recommended a multi stakeholder engagement to review the laws and ensure that freedom of expression and media rights are protected; Coalition of civil society and press should continue to ensure proper implementation and monitoring the action plan.

From the report, SERAP asked the Attorney General of the Federation (AGF) to push for the immediate amendment of the Cybercrimes Act and other repressive legislation and bring the laws in line with the Nigerian Constitution of 1999 (as amended) and international human rights obligations, including under the African Charter on Human and Peoples’ Rights and International Covenant on Civil and Political Rights to which Nigeria is state party.

Earlier in his keynote address, the Secretary to the Government of the Federation (SGF), George Akume, who was represented by Simon Shingu, insisted that the promotion and protection of civic space were regarded as a special prerequisite for increasing growth, good governance, rule of law and sustainable development.

He said that Civic space is a call for open democratic process, adding that access to information, freedom of expression, assembly and association are all ingredients for democracy.

Akume said: “As we gather here today, we are reminded of the fundamental principles of our democracy, which are freedom of association, assembly, and expression.

“These rights are not just enshrined in our Constitution, but are the bedrock of our striving democracy.

“With a vibrant civic space, we can hold our leaders accountable, but without a vibrant one, we cannot address the pressing issues facing our nation.”

Similarly, the Chairman, House Committee on Media and Public Affairs, Akin Rotimi (Jnr), posited that no amount of introspection on the civil space could be described as too much or too little.

Rotimi said civil society could be improved in numerous ways and one aspect to address was inclusivity and diversity in broader society and that Civil Society Organisations (CSOs) must ensure that their structures, leadership and key decision-making reflected the diversity of the communities they served.

A Senior Advocate of Nigeria (SAN), Mrs Funmi Falana, who represented her husband, Mr Femi Falana (SAN), expressed that democracy is not just about voting, but also entails the right of the people to determine how they are to be governed as provided by the law.

The SAN further posited that “the law also provided for the people to express their minds when they are not being governed properly without fear of being detained, harassed or subjected to any restrictions.”

Falana urged the FGN to pay damages imposed by the courts against it, even as he noted that some judges are afraid to make declarations on public interest litigations while hiding under the ‘locus standi’.

The interactive session is part of SERAP’s work to promote respect for media freedom and the right to freedom of expression in Nigeria, as there are increasing cases of harassment and intimidation of journalists, bloggers and citizens in Nigeria.

The session aimed to develop recommendations for a thriving civic space and improved respect for media freedom and the right to freedom of expression in Nigeria which will ensure that journalists, bloggers, media practitioners and other citizens can freely exercise their human rights without intimidation, harassment or reprisals.

As a follow up and to lend its support to the recommendations of the report, Students from various disciplines in Nigeria tertiary institutions on Wednesday March 27 joined in the advocay for a halt in the regulation of social media, saying that it is an affront to press freedom and freedom of expression which is human right of Nigerians as enshrined in the 1999 Constitution as amended.
In an interactive session organised by a human rights and advocacy organisation, the Socio-Economic Rights and Advocacy Project (SERAP)in Lagos on Wednesday, the students drawn from the University of Lagos, Lagos State University, Obafemi Awolowo University and Yaba Collage of Technology (Yabatech) in a debate on regulation of social media, opposed the introduction of the bill before the National Assembly which is aimed at regulating the social media with stringent law.l

They argued that there are enough existing laws that can regulate the activities of the media and any abuses such as defamation by the media.

In the SERAP’s Interactive Session and Civic Engagement Campaign Titled “Stand-up for Human Rights”, the students were urged to participate in governance by promoting freedom of expression.

They unanimously agreed that young people in Nigeria are not doing enough to uphold their right to freedom of expression.They were tasked to speak up for themselves and others.

“Build networks and speak out in your institutions, in any environment you find yourself, start from where you are”

The interactive session which is part of SERAP’s human rights advocacy campaign organized in collaboration with the National Endowment for Democracy (NED) was aimed at engaging members of SERAP Accountability Club (SAC) across tertiary institutions in Nigeria in a dialogue to discuss human rights, including rights to freedom of expression and assembly and to encourage students and student bodies to promote, advance and defend human rights.

The ultimate aim of the campaign is to foster public support for freedom of expression and assembly and to protect and advance civic space by improving the accountability of government and respect for human rights in Nigeria.

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