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SERAP, NGE Caution Tinubu, Govs Against Repressive Legislation

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As the international community marks the World Press Freedom Day, the Socio-Economic Rights and Accountability Project (SERAP) and the Nigeria Guild of Editors (NGE) have urged Nigerian authorities at all levels of government to desist from repressive and anti-media laws.

The statement followed the interactive session on ‘the state of press freedom in Nigeria’ held today at the Radisson Blu Hotel in Ikeja. The event was jointly organized by the SERAP and the NGE to mark the World Press Freedom Day.

In a joint statement, the SERAP and the NGE asserted, “the government of President Bola Tinubu, the country’s 36 governors and FCT minister must now genuinely uphold press freedom, ensure access to information to all Nigerians, obey court judgments, and respect the rule of law.”

The groups expressed “serious concerns about the escalating crackdown on the right to freedom of expression and media freedom and the flagrant disregard for the rule of law by authorities at all levels of government.”

The groups “note that the suppression of the press in recent times takes various forms ranging from extrajudicial to unlawful detentions, disappearances, malicious prosecutions and wrongful use of both legislation and law enforcement.”

The statement, read in part: “We would continue to speak truth to power and to hold authorities to account for their constitutional and international obligations including on freedom of expression and media freedom.

“Nigeria as a country has a long and unpleasant history of press gagging and clampdown on media freedom, which is evidence of extensive state censorship of media and in some cases, the utter control of state-owned media houses.

“This position has not changed considerably despite almost 25 years of unbroken democratic rule in the Fourth Republic.

“We are concerned that press freedom remains under threat, especially due to economic challenges and other challenges such as navigating digital surveillance, hacking, online harassment and internet shutdowns.

“Freedom of the press is one of the cornerstones of a democratic society. Journalism is not a crime; it is fundamental to a free society.

“Freedom of the press is closely related to the freedom of expression, found in article section 39 of the Nigerian Constitution 1999 [as amended] and the provisions of international human rights treaties such as article 9 of the African Charter on Human and Peoples’ Rights and article 19 of the International Covenant on Civil and Political Rights to which Nigeria is a state party.

“Press freedom is essential for journalists and media organisations to report freely in the public interest. Press freedom also has wider significance, as a free and independent media contributes to transparency and accountability of government.

“Press freedom is therefore essential not only for free speech as a public good but also for the enjoyment of other human rights.

“It is important not only to journalists and media organisations, which publish the information but also to citizens, who have a right to access information from a diversity of sources.

“This in turn is essential to ensuring the effective exercise of the right to participate in one’s government and the proper election of the people’s representatives.

“Extensive research has been carried out on the existing legislation and the deliberate proposing of Bills aimed at silencing dissenting voices and muffling the press. In addition, there are a plethora of cases of threats, intimidation and actual aggression employing law enforcement, regulating bodies, and State might.

“There are incessant reports of censorship and surveillance, all aimed at identifying and silencing dissenting opinions rendered in mainstream media or other social media channels.

“We are concerned that freedom of information requests are frequently refused by authorities at all levels of government. “Inadequate funding and lack of access to independent funding have also been identified as major hindrances to media freedom.

“We therefore urge the Federal Government to take effective and concrete measures to review existing laws to reflect respect for media freedom and human rights.

“The NBC must stop using its codes to clampdown on broadcast stations and to impose arbitrary fines on them. The NBC must review its codes to bring them in line with the Nigerian Constitution 1999 [as amended] and international human rights standards.

“We urge the Federal Government to review laws like the Official Secrets Act, Criminal Code Act and Cybercrime Act for potential restrictions on free speech and press; and amend them in line with international human rights standards and Agreements, including the Windhoek Declaration for the Development of a Free, Independent and Pluralistic Press.

“We urge the Federal Government to strengthen the independence of regulatory bodies like the National Broadcasting Commission (NBC) and Nigerian Press Council (NPC) to ensure impartial regulation and promote self-regulation within the media.

“We urge the Attorney General to push for the immediate amendment of the Cybercrimes Act and other repressive legislation, and bring these laws in line with the Nigerian Constitution of 1999 (as amended) and international human rights obligations to which Nigeria is a state party.

“We urge the Attorney General to advise President Bola Tinubu to promptly obey all outstanding court judgments including the ECOWAS Court judgment directing the Federal Government to repeal the repressive Cybercrimes Act and bring it in conformity with Nigeria’s international human rights obligations and commitments.

“We urge the Minister of Information to promptly review restrictive and oppressive media legislation in Nigeria and pursue the immediate revision of any provisions that violate the right to freedom of expression, access to information including online and media freedom, and ensure that any restrictions on media freedom are necessary, proportionate and the least restrictive.

“We urge the Minister of Information to ensure that the regulatory mechanisms including the National Broadcasting Commission are independent and promote self-regulation of the media.

“We urge the Minister of Information to publicly express commitment to the promotion and protection of freedom of expression and access to information including online and media freedom in Nigeria.

“We urge state governors to ensure that security agencies, the Nigeria Police Force and other authorities drop all charges against journalists, bloggers and other media workers, and critics, and cease further arbitrary closures of radio and television stations.

“We urge state governors to publicly support and commit to the protection and promotion of the right to freedom of expression, access to information and the media freedom, including public reporting of sensitive political and other issues within their states.

“We urge state governors to ensure that any government or security officials found responsible for obstructing, abusing, or attacking journalists, critics or media organisations are appropriately disciplined or prosecuted.

“We urge state governors to publicly support and ensure the direct and full application of the Freedom of Information Act within their respective states.

“We urge state governors to ensure adequate compensation and reparation for victims of human rights violations in their respective states, including restitution, satisfaction, and guarantee of non-repetition.

“We urge the National Assembly to immediately harmonise all laws pertaining to freedom of expression, media freedom and civic space in Nigeria to confer authority on a specific independent agency that will oversee the collection, maintenance, usage, and dissemination of the personal information and records of all citizens and prioritise fundamental human rights.

“We urge the National Assembly leadership to sponsor a resolution condemning the persistent violations of freedom of expression, media freedom and crackdown on civic space in Nigeria and all harassment, intimidation, and attacks on journalists, critics, bloggers and media organisations by state governors and the Federal Government.

“We urge the National Assembly to promptly and comprehensively review the Cybercrimes Act and other restrictive legislation, and revise them as appropriate to bring them into line with Nigeria’s international human rights obligations and commitments regarding the right to freedom of expression, access to information and media freedom.

“We urge the National Assembly to immediately drop any social media and other bills that would restrict freedom of expression, media freedom and civic space and undermine the effective enjoyment of these rights in Nigeria.

“We urge the international community to encourage the Nigerian authorities to uphold constitutional and international human rights obligations on human rights and to respect, protect, promote and fulfil these rights including freedom of expression and opinion, access to information and privacy online and offline, and ensure a free and independent media landscape.

“We urge the international community to hold Nigerian authorities to account for violations of human rights in the country including by calling on the authorities at both the Federal and state levels to immediately and unconditionally release anyone detained solely for peacefully exercising their human rights and to immediately withdraw any charges against them.”

The interactive session was attended by senior members of the media, civil society groups and other stakeholders. Those who attended the event included: Gbenga Adefaye, Provost of the Nigerian Institute of Journalism; Richard Akinnola; Eze Anaba, President, NGE; Dr Iyobosa Uwugiaren, NGE’s Secretary; Lanre Idowu, CEO Diamond Publications Ltd; and Abiodun Odusote, Professor of Law, UNILAG.

Others who attended the event included: Mustapha Isah former President, NGE; and Silverbird News director; Mr. Fred Braimoh, Deputy director FRCN; and Paulyn Ogbodaga, executive director, AIT.

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Ondo Election Legal Battle Intensifies As PDP’s Ajayi Files Appeal

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The Peoples Democratic Party (PDP) candidate in the 2024 Ondo State governorship election, Agboola Ajayi, has filed an appeal against the December 2 ruling of the Federal High Court in Akure.

The court had dismissed his lawsuit challenging the eligibility of the All Progressives Congress (APC) candidate, Lucky Orimisan Aiyedatiwa, and his running mate, Olayide Owolabi Adelami.

Ajayi, in his notice of appeal dated December 7, 2024, alleged that Justice T.B. Adegoke erred in dismissing his case, which was marked FHC/AK/CS/99/2024.

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The PDP candidate’s initial lawsuit raised concerns over discrepancies in the certificates submitted by Aiyedatiwa to the Independent National Electoral Commission (INEC). Ajayi argued that these discrepancies violated electoral laws and called into question Aiyedatiwa’s qualifications to run for office.

Key Allegations in Appeal

Ajayi presented multiple grounds for his appeal, accusing the Federal High Court of failing to properly evaluate the evidence before it.

He claimed that: “Unexplained Certificate Discrepancies: Ajayi stated that the trial court failed to address “unexplained and irreconcilable differences” in the names on Aiyedatiwa’s certificates.

According to him, “The 1st Respondent submitted different certificates with different names that were not the same. Throughout the dispute before the trial court, the 1st Respondent never presented a Deed Poll to explain the irreconcilable differences.”

Failure to Grant Reliefs: He criticized the court for dismissing his reliefs despite what he described as compelling evidence.

Ajayi argued, “The lower court failed to properly evaluate the evidence presented before it, which was essentially documentary. The refusal to grant the reliefs in the face of credible evidence on record occasioned a grave miscarriage of justice.”

Neglect of Documentary Evidence: Ajayi contended that the court neglected its duty to evaluate critical statutory documents, which he said were central to proving his case.

He added, “The court was called upon to examine and evaluate the documentary evidence but failed to do so, instead relying on extraneous matters without giving appropriate consideration to whether those assertions were correct.”

Standing to Sue: The PDP candidate argued that the trial court erred by dismissing his legal standing to challenge Aiyedatiwa’s nomination. He noted, “The issue of nomination and sponsorship of a candidate is both intra- and inter-party affairs of an interested party in an election, as in this instant case.”

Ajayi is asking the Court of Appeal to overturn the High Court’s judgment and grant the reliefs he sought at the trial court.

These include an order invalidating Aiyedatiwa’s candidacy due to the certificate discrepancies and setting aside the December 2 ruling.

Specifically, he requested, “An order allowing the appeal and setting aside the judgment of the Federal High Court sitting in Akure, Ondo State, delivered on the 2nd of December, 2024, by Hon. Justice T.B. Adegoke.”

“An order granting the reliefs sought by the appellants as plaintiffs before the trial court.”

Ajayi also faulted the court’s interpretation of Section 29(1)-(5) of the Electoral Act, 2022. He argued that the provisions were given a “narrow and restrictive” reading, which ignored the broader intent of the law.

The appeal is the latest development in the heated political contest between the PDP and APC in Ondo State.

Legal experts believe the outcome of the case could significantly impact the governorship race.

 

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Adeleke Congratulates Ghanaian President-Elect, Mahama

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Osun State Governor, Senator Ademola Adeleke has congratulated the newly elected president of Ghana, John Mahama.

This was gleaned in a government house statement in Osogbo on Monday in which Gov Adeleke described President Mahama as “a true democrat and a genuine friend of Nigeria”

Gov Adeleke stated, “we have been sharing deep thoughts about the true essence of democracy and the imperative of respect for people’s will as the bedrock of virile democratic state.

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“All through his days in the opposition, he adopted the best of democratic model with unbending faith in the capacity of voters to decide and the necessity of the system to accept the voters’ will as expressed without any equivocation. His faith in the electorate amidst hard work of electioneering campaigns paid off with a resounding victory at the polls.

“I further commend the ruling party for conceding defeat without attempting any electoral hijack. This was a demonstration of electoral maturity worthy of emulation by actors within the Nigerian space.

“I rejoice with my dear brother as our dreams come true by the grace of God and the people. As he prepares to return to the State House, I have no doubt that he will take Ghana to greater heights.

“I call for a closer, more robust relationship between Nigeria and Ghana. Both countries must deepen cooperation under mutual respect and opportunities. Our brotherly relationship should extend to the sub-national level for the benefits of citizens and residents of our dear nations.”

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SERAP Urges Akpabio, Abbas To Assess Human Rights Impacts Of Tax Reform Bills

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The Socio-Economic Rights and Accountability Project (SERAP) has urged Nigeria’s Senate President, Godswill Akpabio, and Speaker of the House of Representatives, Tajudeen Abbas “to urgently assess the human rights impacts of Nigeria’s reform bills currently being discussed by the National Assembly including on Nigerians living in poverty.”

According to the SERAP said, “any discussion and consideration of the tax reform bills must ensure full compliance with provisions of the Nigerian Constitution 1999 [as amended] and the country’s international human rights obligations and commitments.”

The call was contained in a letter dated December 7, 2024, under the signature of its deputy director Kolawole Oluwadare, in which the SERAP stated, inter alia, “The assessments should be transparent, include public participation, and shape the provisions and measures that are ultimately passed. The outcome of any such assessments should be widely published.”

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The SERAP urged Akpabio, and Abbas “to pass a resolution directing Mr Lateef Fagbemi, SAN, the Attorney General of the Federation and Minister of Justice to hold Nigeria’s state governors to account on their spending of trillions of naira of revenue derived from taxes including VATs collected by their states since 2015 and to ensure the recovery of any proceeds of corruption.”

The letter, read in part: “SERAP urges you to ensure the inclusion in the tax reform bills of transparency and accountability mechanisms to ensure that any revenue derived from taxes covered under the bills are not mismanaged, diverted or pocketed by politicians, their family members and close associates.

“SERAP notes that Nigerian authorities have the discretion to develop laws on taxation most appropriate to their circumstances.

“However, the Nigerian Constitution 1999 [as amended] and human rights and anticorruption treaties to which the country is a state party impose limits on the discretion of the authorities in the development of any such laws.

“Our preliminary review of the provisions of the tax reform bills shows that the bills contain some provisions that are antithetical to human rights and the rule of law.

“For example, section 28(2)(c) of the Tax Administration bill among others, requires financial institutions including banks to provide to tax authorities ‘the names, addresses, or any other information of new or existing customers.’

“Under section 28(4), financial institutions must make ‘additional disclosure” about their customers ‘if it is required by a notice signed by the Chief Executive Officer of the relevant tax authority.’

“These provisions, especially the phrases ‘any other information’ and ‘additional disclosure’, if implemented, could be used unjustifiably or arbitrarily to restrict the right to privacy of customers.

“The risks of violations of human rights are illustrated by the absence in the bills of sufficient safeguards against abuse of access to personal data of customers.

“The provisions also give little or no consideration to data protection, thereby increasing the risks of misuse by public authorities of a customer’s personal details including their home address.

“Another troubling provision of the tax reform bills is section 57 of the Tax Administration bill which grants broad, extensive and intrusive powers to tax authorities which may be misused to undermine Nigerians’ human rights.

“In particular, section 57(1) provides that ‘an authorised officer of the relevant tax authority shall have free access to all land, buildings, places, books and documents, in the custody or under the control of a person, public officer, or institution, for the purpose of inspecting the books or documents.’

“Such official will also have free access to ‘any property, process or matter which the officer considers necessary or relevant for the purpose of collecting any tax.’

“Under subsection 2, ‘the relevant tax authority shall take immediate possession of [any] removable media and the related removable equipment or computer used to access the stored documents on the media in order to prevent the accidental or intentional destruction, removal or alteration of records and documents.’

“Section 57(5) seems to pre-empt the nature of any judicial authorisation required for tax official ‘enter any private dwelling’ by prescribing that such authorisation will ‘be valid for a period of three months from the date of its issue or such lesser period as the judicial officer considers appropriate.’

“Under subsection 6, the tax official is required to ‘produce the written authorisation and evidence of identity “on first entering the private dwelling’. The official will only produce such evidence subsequently if they consider it reasonable to do so.

“These provisions are broadly worded and could be misused to violate Nigerians’ human rights.

“The provisions also do not contain any special safeguards which means that the broad, extensive and intrusive powers granted to tax authorities could be arbitrarily exercised without any accountability.

“Section 57 also does not contain any explicit provisions that would allow the court to examine the lawfulness or necessity of any authorisation before or after any entering.

“The provisions of section 81 of the Tax Administration bill essentially oust the jurisdiction of the court in pending tax matters by stating that ‘the pendency of a legal proceeding shall not affect the performance of the duties or obligations of any taxable person under this Act or any other tax law.’

“The provisions could be misused to infringe the rights to equality and the right of access to courts, denying the right of an effective remedy to any aggrieved party.

“Several other provisions of the tax bills lack mechanisms for effective oversight and accountability, as required by the rule of law in a democratic society, thereby increasing the risks of abuse of power or arbitrariness. The provisions could be misused to violate Nigerians’ right to property and fair hearing.

“The tax bills also do not seem to contain provisions for a fair balance between the authorities’ powers to collect taxes and the requirements of the protection of the individual’s fundamental rights.

“The absence of provisions in the tax bills on meaningful judicial oversight and review and accountability procedures would also undermine the rights of Nigerians including to privacy and disproportionately affect disadvantaged and marginalized individuals and groups.

“Under human rights law, states including Nigeria are required to make the promotion and protection of human rights central to their tax systems. Nigeria needs a rights-based tax system that works for the people and not the politicians, their family members and close associates.

“The country also needs transparent, democratic and rights-aligned tax reforms to unlock the maximum available resources for the full realisation of human rights.

“Furthermore, there are credible reports that several state governors continue to divert or mismanage the revenue derived from taxes, impeding the funding of public goods and services that are crucial for the progressive realisation of human rights.

“In many states, millions of Nigerians continue to be denied access to essential public services such as water and basic sanitation while millions of children of school age roam the streets.

“SERAP is concerned that growing reports of corruption in the use of tax revenue and other public resources continue to disproportionately affect poor Nigerians and other most vulnerable segments of the population.

“SERAP is concerned that the opposition by some state governors against the tax reform bills may be politically motivated and reduce the tax payable to the national treasury. State governors should constructively engage in good faith in the processes to adopt a national tax system for the country.

“We would be grateful if the recommended measures are taken in the consideration of the tax reform bills.

“If the offending provisions of the tax reform bills including those outlined above are not addressed and brought in conformity with human rights standards and safeguards, SERAP shall take all appropriate legal actions to compel you and other members of the National Assembly to comply with our request in the public interest.

“SERAP notes that the tax reform bills, if properly aligned with human rights standards, would enhance the ability of the Federal Government, states and local governments to fulfil their human rights obligations and adequately fund public services essential for human rights.

“However, without transparency and accountability, revenue derived from taxes may not be spent to combat poverty and fund development as well as provide essential public goods and services for Nigerians.

“The National Assembly has the constitutional responsibility to conduct and publish human rights impact assessments of the tax reform bills to ensure that proposed reforms best protect, advance and fulfill people’s human rights.

“SERAP also urges you to revise and repeal several of the provisions of the bills, particularly the Tax Administration bill.

“SERAP urges you to include provisions in the tax reform bills that will ensure that Nigerians have access to all relevant data and information on fiscal policy and government revenues, including from the corporate sector.

“According to our information, members of the National Assembly are currently discussing Nigeria’s tax bills which primarily aim to ‘provide uniform procedures for a consistent and efficient administration of tax laws in order to- (a) facilitate tax compliance by taxpayers; and (b) optimise tax revenue.’

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