Socio-Economic Rights and Accountability Project (SERAP) has urged President Muhammadu Buhari to “urgently instruct Mr Lai Mohammed, Minister of Information and Culture to withdraw the threat to sanction the BBC and Daily Trust over their documentaries on terrorism in the country, whether through the Nigeria Broadcasting Commission (NBC) or any other agency of government.”
According to reports, Mr Mohammed had last Thursday stated that the Federal Government would sanction the BBC and Trust Tv for airing documentaries that allegedly “glorify”, “promote”, and “fuel” terrorism and banditry in Nigeria.
In a letter dated 30 July, 2022 and signed by SERAP deputy director Kolawole Oluwadare, the organization said, “The media has the duty to impart information and ideas on issues of public importance. If carried out, the threat to sanction the BBC and Daily Trust would inhibit the media from reporting on issues of public interest.”
According to SERAP, “Media houses and journalists ought to be given the room to determine how best to present information of public interest, especially information about the growing violence and killings across the country.”
The organization said, “Rather than punishing the media for promoting access to diverse opinions and information on issues of public importance, your government should focus on delivering your promises to ensure the security of Nigerians.”
The organization also said, “Carrying out the threat to sanction the BBC and Daily Trust would lessen the flow of diverse viewpoints and information to the public.”
The letter, read in part: “We would be grateful if the requested action is taken within 48 hours of the receipt and/or publication of this letter. If we have not heard from you by then, SERAP shall take all appropriate legal actions in the public interest.”
“A free, uncensored, and unhindered press or other media is essential in any society to ensure freedom of opinion and expression and the enjoyment of other rights. It constitutes one of the cornerstones of a democratic society.”
“Sanctioning the BBC and Daily Trust would be entirely inconsistent and incompatible with Nigeria’s obligations under article 9 of the African Charter on Human and Peoples’ Rights and article 19 of the International Covenant on Civil and Political Rights.”
“The threat if carried out would impermissibly restrict the constitutional and international rights to freedom of expression, access to information, and victims’ right to justice and effective remedies that are central to public debate and accountability in a democratic society.”
“Access to information is essential for the enjoyment of other human rights and freedoms and constitutes a fundamental pillar for building a democratic society and strengthening democracy.”
“Allowing the media to freely carry out their duties is essential to building secure society and leaving no one behind. Conversely, imposing impermissible restrictions on media houses, journalists and other Nigerians undermines the security that builds a healthy and vibrant society.”
“The grounds for sanctioning the BBC and Daily Trust as stated by Mr Mohammed fail to meet the requirements of legality, necessity, and proportionality.”
“The requirement of necessity also implies an assessment of the proportionality of the grounds, with the aim of ensuring that the excuse of ‘glorifying, promoting, and fuelling terrorism and banditry’ are not used as a pretext to unduly intrude upon the rights to freedom of expression and access to information.”
“Any interference with the constitutional and legal duties of the BBC and Daily Trust would not be justified in the context of the right to information.”
“The Federal Government has not shown that the documentaries by the media houses would impose a specific risk of harm to a legitimate State interest that outweighs the public’s interest in the information provided by the documentaries.”
“The documentaries by the BBC and Daily pose no risk to any definite interest in national security or public order.”
“It is inconsistent and compatible with the Nigerian Constitution 1999 [as amended] to invoke the grounds of ‘glorifying, promoting, and fuelling terrorism and banditry’ as justifications for suppressing freedom of expression or withholding from the public information of legitimate public interest that does not harm national security.”
“It is contrary to both the Nigerian Constitution and international standards to threaten or punish journalists and media houses such as the BBC and Daily Trust for disseminating such information.”
“The vague and overbroad definitions of ‘glorifying’, ‘promoting’, and ‘fuelling’ raise concerns that the threat by the Federal Government if carried out would unduly interfere with the rights to access to information, and disproportionate to any purported legitimate governmental aim. Ill-defined and/or overly broad grounds are open to arbitrary application and abuse.”
“The broad definitions of what may constitute ‘glorifying’, ‘promoting’, and ‘fuelling’ also heighten concerns of overreach, confer far-reaching discretion on the government, and suggest that the grounds cited by the Federal Government are more intrusive than necessary.”
“These words do not indicate precisely what kind of individual conduct would fall within their ambit.”
“The use of these words by the Federal Government, given their opaque and ambiguous meaning, leaves open the possibility for application beyond unequivocal incitement to hatred, hostility, or violence. Such words may function to interpret legitimate reporting by media houses, journalists, and other Nigerians as unlawful.”
“The grounds cited by the Federal Government for sanctioning the BBC and Daily Trust also fail to establish a direct and immediate connection between the reporting by the media houses and any risks to national security and peace.”
“The threat if carried out would also create an environment that unduly deters and penalizes media houses and journalists, and the reporting of government wrongdoing more generally.”
“The cumulative effect of any attempt to sanction the BBC and Daily Trust would be the gagging of the media from reporting on cases of violence and killings by terrorists and kidnappers, the reporting and information that is clearly in the public interest.”
“SERAP recalls that in your 2022 new year message, you raised concerns about persistent insecurity in certain parts of the country and promised to remain ‘resolute in giving utmost attention to the problem.’”
“While your government has the obligation to maintain national security, this obligation is not set apart from the obligation to protect and ensure human rights. National security is a necessary and integral part of the right to security guaranteed to each person individually.”
Kolawole Oluwadare
SERAP Deputy Director
31/7/2022
Lagos, Nigeria
Emails: info@serap-nigeria.org; news@serap-nigeria.org
Twitter: @SERAPNigeria
Website: www.serap-nigeria.org
For more information or to request an interview, please contact us on: +2348160537202
Iyorcha Ayu: A political reformist aiming at rescuing, rebuilding Nigeria.
By Bisi Ezekiel
The emergence of Dr. Iyorchia Ayu on Sunday, October 31st 2021, as the National Chairman of the largest political party in Africa and Nigeria’s main opposition party, the Peoples’ Democratic Party (PDP) did not come as a surprise to political pundits.
The quiet but great political achiever was thoroughly sorted out for the job of rescuing the PDP from collapse following the crisis that resulted in the suspension of his predecessor in office, Prince Uche Secondus as national chairman.
No wonder his acceptability as a consensus candidate for the party’s position.
He made it clear from the onset that his mission was to reform PDP and set the party currently in opposition on the path of rescuing the country from maladministration of the APC and rebuilding the nation back to her past glory.
Ayu, a former Senate President and 20 others, elected members of the National Working Committee (NWC) hit the ground running by promising to allow every organ of the party to function effectively without usurpation of functions by the other.
To further strengthen membership drive across the nation, the NWC said it will back the Governor Godwin Obaseki led Membership E- Registration Committee in generating a comprehensive party register of all PDP members in Nigeria.
The Ayu led NWC desirous if accountability inaugurated a committee to do staff auditing to enable it know number of actual staff of the party, their designation and remuneration.
A Tender Board was inaugurated to track every contract involving the party to block financial leakages.
In a very rare bold step, Dr. Ayu led other members of the NWC on an assessment visit to the uncompleted PDP national secretariat at the Central Business District of Abuja.
He promised completion of the project, to generate funds for the party in terms of rents and to provide enough office space for staff.
To achieve this, Ayu said many options would be explored which may include but not restricted to collaborating with private estate developers.
He said the party will give its all to the Bukola Saraki led National Reconciliation Committee saddled with the responsibility of fixing crisis in state chapters and bringing old members back to PDP family.
Ayu displayed his dispute management ability in the just concluded Ekiti governorship primary election by cancelling previously conducted ward election by some aspirants, thereby leaving contestants to rely on statutory and automatic list of delegates for the primary.
This goes a long way to avoid further crisis a d made the outcome of the primary election largely acceptable.
With his mission of Rebuild and Rescue Nigeria, there is a renewed hope that come 2023, the Peoples Democratic Party will rescue power at the centre from the ruling APC.
The convention which took place at the Eagle Square, Abuja, began on Saturday and lasted till the early morning of Sunday.
But you need to know the man, Iyorchia Ayu, the new national chairman of the Peoples Democratic Party (PDP).
Dr. Iyorchia Ayu was born in Gboko in Benue State. He served as sociology lecturer at the University of Jos, including courses on the art and science of Marxism. He was the Chairman of the Jos University chapter of Academic Staff Union of Universities (ASUU).
As a new entrant into politics, Ayu was influential among the majority Tiv people in his home state of Benue and was elected Senator in the Third Republic on the platform of the Social Democratic Party (SDP) and was elected President of the upper chamber of the National Assembly (1992–1993).
In November 1993, the senate impeached Ayu, who was a strong opponent of the Interim National Government established after the elected president Moshood Kashimawo Olawale Abiola had been prevented from taking office.
However, he later became the Minister for Education in General Sani Abacha’s military government. In March 1994 he chaired a workshop on Technical Education in Nigeria, seeking ways to learn from Germany, the United States, Britain and Japan.
He is reputed to be the political godfather of George Akume, governor of Benue State from 1999 to 2007 who is now in the ruling All Progressives Congress (APC) and Minister for Special Duties.
Ayu assisted in the 1998-1999 campaign to elect President Olusegun Obasanjo on the PDP platform, and Obasanjo in return, appointed him as Minister for Industry from 1999 to 2000.
Ayu was also appointed as Minister of Internal Affairs in July 2003. In September 2003 Ayu announced that Nigeria was negotiating security pacts with its northern neighbours Niger and Chad to clamp down on smuggling, human-trafficking and cross border banditry.
During a cabinet reshuffle in June 2005, Ayu was reassigned to become Minister of Environment. At a meeting in Rotterdam in September 2005, Ayu called for an effective, sufficient and predictable financial mechanism to provide the technical skills and infrastructure needed for African countries to handle chemicals safely.
He later served in various Ministerial positions in the Cabinet of President Olusegun Obasanjo between 1999 and 2007.
By Bisi Ezekiel