Group Drags Federal Government, Ayade To Court Over Unfair Prosecution of Agba Jalingo

The Socio-Economic Rights and Accountability Project has dragged the government of Nigeria under President Muhammadu Buhari and Cross River State government under Ben Ayade to ECOWAS Court in Abuja over the “prolonged, arbitrary detention; unfair prosecution; persecution, and sham trial of journalist, Agba Jalingo.”

Jalingo, who is the Publisher of Cross-RiverWatch, was arrested on August 22 over a report alleging that Governor Ben Ayade diverted N500m belonging to the state.

In the suit number, ECW/CCJ/APP/10/2020 filed at the ECOWAS Court, SERAP held that the sole objective of the governments of Nigeria and Cross River State was to perpetually keep Agba Jalingo in arbitrary detention and to silence him simply for expressing critical views and carrying out his legitimate job as a journalist.

SERAP stated that this was not the first time government will take actions to intimidate, harass and suppress journalists through the instrumentality of trumped-up charges and use of overly broad and unjust laws, including section 24 of Nigeria’s Cybercrime Act, 2015, which provides for the offence of cyber-stalking.

It also posited that if freedom of expression and media freedom are to have true meaning in a democracy, these rights necessarily must include the freedom to criticise the government and its functionaries.

SERAP also said that the governments of Nigeria and Cross-River State have through the charges of terrorism and treason and denial of bail to Jalingo perpetually violated his human rights.

In the suit filed on SERAP’s behalf by its solicitor, Kolawole Oluwadare, the rights organisation is seeking a declaration that the actions by the government of Nigeria and Governor Ayade to continue to arbitrarily detain and unfairly prosecute Jalingo using the Cybercrimes Act, sections 41 & 59 of Nigeria’s Criminal Code Act and sections 1 & 17 (2)(a)&(b) of the Terrorism (Prevention, Amendment) Act, violates his human rights as guaranteed under the International Covenant on Civil and Political Rights and the African Charter on Human and Peoples’ Rights.

It is also seeking, “A declaration that the arbitrary detention and unfair prosecution of Agba Jalingo by the government of Nigeria and the Cross River State government under Governor Ben Ayade is illegal and unlawful, as it amounts to breaches of Nigerian international obligations to respect, protect, promote and fulfil the rights to freedom of expression and information and media freedom, guaranteed under the International Covenant on Civil and Political Rights and the African Charter on Human and Peoples’ Rights.”

SERAP is praying the ECOWAS Court to grant an order “directing the government of Nigeria and Cross-River governor, Ben Ayade, to immediately and unconditionally release Agba Jalingo and drop all charges against him, consistent with Nigeria’s international human rights obligations under the International Covenant on Civil and Political Rights and the African Charter on Human and Peoples’ Rights. 

“An order directing the government of Nigeria and Cross-River State governor and/or their agents to provide Agba Jalingo with effective remedies and reparation, including adequate compensation, restitution, satisfaction and guarantees of non-repetition.”