Socio-Economic Rights and Accountability Project (SERAP) has asked the African Commission on Human and Peoples’ Rights in Banjul, The Gambia to “issue provisional measures to urgently stop the Nigerian government and National Assembly from supporting and pushing through two bills to gag the media, and impose arbitrary and harsh punishment on journalists, broadcast stations, media houses and media practitioners in Nigeria.”
SERAP said the complaint, addressed to the Chairperson of the Commission, Mr. Solomon Ayele Dersso, and Commissioner and Special Rapporteur on Freedom of Expression and Access to Information in Africa, Ms. Jamesina Essie L. King, is brought pursuant to Articles 55 and 56 of the African Charter on Human and Peoples’ Rights and Rule 100 of the Rules of Procedure of the African Commission.
The complaint followed the move to push through two repressive bills to amend the National Broadcasting Act, and to amend the Nigeria Press Council Act. The bills are reportedly sponsored by Chairman, House Committee on Information, Mr. Segun Odebunmi.
In the Complaint dated 26 June 2021 and signed by its Deputy Director, Kolawole Oluwadare, the organisation said: “The push by the Nigerian government and the National Assembly to support and pass the two anti-media bills is unlawful, as passing the bills would be contrary to the country’s obligations to respect, protect, promote and fulfil the right to freedom of expression, access to information and media freedom under articles 1 and 9 of the African Charter. These anti-media bills are the latest threats to freedom of expression, access to information and media freedom in the country. The bills are not in keeping with the provisions of the Declaration of Principles on Freedom of Expression in Africa, which supplements articles 1 and 9 of the African Charter.”
SERAP said the commission had the power to request provisional measures from the Nigerian government and National Assembly under Rule 100 of the Rules of Procedure to prevent irreparable harm and threats to human rights, including freedom of expression, access to information and media freedom as urgently as the situation demands.
“The bills include retrogressive provisions that threaten human rights, including freedom of expression, access to information and media freedom, and could criminalise reporting and give the government overly broad powers and oversight over journalists, broadcast stations, media houses and media practitioners. If passed into laws, the bills would be used by those in power to intimidate and harass their critics, and to stifle freedom of expression, access to information and media freedom. The bills would have a chilling effect on the media thereby inducing some measure of self-censorship.
“Media freedom, which is an aspect of the right to freedom of expression, is now generally recognised as an indispensable element of democracy. The mass media promotes the free flow of information, which enables citizens to participate in a meaningful and informed manner in the democratic process. The actions by the Nigerian government and National Assembly are contrary to Articles 1 and 9 of the African Charter, and have thereby violated Nigeria’s positive obligation under Article 1 to recognise the rights, duties and freedoms and to adopt legislative or other measures to give effect to them. SERAP regularly relies on the media to carry out its mandate in the promotion of transparency and accountability and respect for socio-economic rights of Nigerians.