Socio-Economic Rights and Accountability Project, (SERAP) has sent an open letter to Justice Ibrahim Tanko Muhammad, Chief Justice of Nigeria and Chairman, National Judicial Council (NJC), urging him to use his offices and leadership of the NJC to “urgently develop measures and issue directives to all courts to respond to the disturbing trends by state governments and federal government to use the court as a tool to suppress citizens’ human rights.”
SERAP said: “Across the country, state governors and federal government are charging citizens, mostly journalists, bloggers and activists, with serious crimes such as ‘treason’, ‘treasonable felony’ or bogus crime of ‘insulting public officials’, simply for exercising their human rights.”
In the letter dated 4 October 2019 and signed by SERAP deputy director Kolawole Oluwadare, the organization said: “These charges, refusal of bail and granting of bail on stringent conditions seem to be dangerous manipulation of judicial authority and functions by high-ranking politicians, something which the NJC and the judiciary under your watch should resist.”
SERAP also said: “In the climate of a growing clampdown on human rights of journalists and activists by several state governments and federal government, the NJC ought to push back and act as protector of individuals’ rights against abuses by the authorities. We believe that the courts, not the state government or federal government, should have the final say in matters of citizens’ human rights.”
According to the organization, “The NJC should ensure that when the authorities disobey court orders and suppress human rights, they are not allowed to come to the court and seek reliefs until they purge their contempt. Otherwise, the justice system and the Nigerian constitution become a solemn mockery.”
The letter, copied to Mr. Diego GARCÍA-SAYÁN, UN Special Rapporteur on the independence of judges and lawyers, read in part: “If the practice by state governments and federal government is allowed to continue, the courts will be relegated to desuetude, and will lead to arbitrary and unrestricted power as well as further suppression of citizens’ human rights.”
“It is essential for the NJC to issue directives to all courts to promptly consider on the face of the papers filed by the authorities whether the charges brought against journalists, bloggers and activists are truly based on facts or fabricated to secure indefinite detention of citizens with judicial authority.”
“In several cases, journalists, bloggers and activists have either been denied bail, as it is the case with journalist Agba Jalingo, or granted bail with stringent conditions that implicitly violate human rights, as it is the case with journalist and activist Omoyele Sowore and Olawale Bakare. In all of such cases, the alleged offences are not constitutionally and internationally recognizable.”
“It is important for the judiciary to exercise all the judicial power placed in its hands by the constitution with firm determination and to guard against encroachments on that power by either the state governments or the federal government.”
“Even during many years of military dictatorship when the constitution was suspended and with it, Nigerians’ fundamental rights, the judiciary was still able to play an important role in securing protection of individuals’ rights and rejecting any forms of executive rascality by drawing on a variety of sources, including the African Charter on Human and Peoples’ Rights.”
“The return of democracy in 1999 gave rise to a legitimate public expectation that the NJC and the judiciary would be more active and proactive in enforcing the fundamental rights of Nigerians and pushing back in cases of violations and abuses of those rights, for the sake of the Nigerian constitution of 1999 (as amended) and as a step forward for increased accountability and greater integrity in government.”
“Nigerians now have a high degree of scepticism about the ability of the autho
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