The Socio-Economic Rights and Accountability Project (SERAP) has sent an open letter to Mr Abukabar Malami (SAN), Attorney General of the Federation and Minister of Justice, urging him to use his position “to without delay enter a nolle prosequi and discontinue the prosecution of the Convener of ‘RevolutionNow’ protest and publisher of Sahara Reporters, Mr Omoyele Sowore, and his colleague, Olawale Bakare.
SERAP said: “We urge you to use your role as a trustee of the public interest under section 174 of the Nigerian Constitution of 1999 (as amended) to end several of similar trumped-up cases going on in several states.”
In the letter dated 21 September 2019 and signed by SERAP Deputy Director Kolawole Oluwadare, the group said: “Sowore’s case and several similar cases instigated/brought by state governors make a hideous mockery of Nigeria’s criminal justice systems, rule of law, freedom of expression and media freedom.
“These cases are persecution and not prosecution. As guardian of the public interest, you have a role to end this travesty now, and to maintain the sanctity and integrity of Nigeria’s justice system.”
The group also said “the cases set a dangerous precedent for the misuse and subversion of the justice system, which may lead to the politicization of judiciary. This will be bad for everyone—ordinary citizens, journalists and even the politicians in power, as they may themselves become targets of these repressive and abusive tactics when they are out of power/in opposition.”
The letter read in part: “While the Nigerian government has the responsibility to prevent and prosecute criminal offences, it ought to do so lawfully, and in full compliance with human rights and the rule of law. Exercising your constitutional independence and discretion to withdraw these kinds of charges would meet the text of reasonableness, demands of justice, and as noted, serve the public interest.
“Laws against terrorism and money laundering should be properly used, and not to undermine critical voices, activists, and the media. Invoking the charges of treasonable felony to unjustifiably or arbitrarily restrict the right to freedom of opinion and expression would minimise the seriousness with which our laws traditionally treat such offences, and undermine the essence of the criminal justice system and the rule of law.
“If not urgently addressed, the misuse of the criminal justice system and politicization of Nigeria’s judiciary would jeopardise the independence of the judiciary and the rule of law and lower the public estimation of the ability of our justice system to serve as the last hope of justice for desperate victims.
“Unless these bogus charges are immediately withdrawn, there is a danger that the public interest represented by the courts and that represented by your role, might part company.” The group warned.
It also said that attacks on journalism are fundamentally at odds with protection of freedom of expression and access to information, which it reasoned, was key to promoting transparency and accountability, and the achievement of the government’s anti-corruption agenda.
“Withdrawing this case would send a strong message to many state governors that your office will not accept their persistent abuse of the criminal justice systems to jail journalists, bloggers and activists, just as it is, for example, the case in Cross River State, where journalists Agba Jalingo and Ekanem Ekpo have been charged with treason and now being detained for 90 days simply for reporting about an alleged diversion of N500 million by the Cross River governor, Ben Ayade.
“As Nigeria’s Chief Law Officer, it is vital to our democracy, judicial independence and rule of law for you to stop the Federal Government and state governors from misrepresenting the country’s constitutional jurisprudence and international obligations in the matters of freedom of expression and media freedom”, it advised the Attorney General.