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Socio-Economic Rights and Accountability Project (SERAP) has initiated legal proceedings against President Bola Tinubu in response to the “unlawful ban and revocation of accreditations for 25 journalists and media outlets covering the Presidential Villa.”
Recently, the Federal Government withdrew accreditation from 25 journalists covering Presidential Villa activities in Abuja. These journalists were instructed to surrender their accreditation tags at the main entrance of the Presidential Villa.
In a recent lawsuit, identified as suit number FHC/L/CS/1766/23, filed last Friday at the Federal High Court in Lagos, SERAP is requesting an order to compel President Tinubu to reverse the revocation of accreditations and the ban imposed on 25 journalists and media organizations from covering the Presidential Villa.
SERAP also seeks a perpetual injunction to prevent President Tinubu or any other authority, individual, or group from arbitrarily and unilaterally revoking journalists’ accreditations and media houses’ access to the Presidential Villa.
Additionally, SERAP is seeking a declaration that the withdrawal and revocation of accreditation tags, as well as the ban on journalists and media outlets without lawful justification, infringe upon fundamental rights such as freedom of expression, access to information, participation, and media freedom.
In this lawsuit, SERAP argues that if the ban on journalists covering the Presidential Villa is not reversed, it could set a precedent for further acts of arbitrariness, ultimately limiting people’s rights to freedom of expression, access to information, participation, and media freedom.
The suit is filed on behalf of SERAP by its legal representatives: Ebun-Olu Adegboruwa, SAN, Kolawole Oluwadare, and Ms. Valentina Adegoke. SERAP’s legal argument emphasizes that the withdrawal of journalists’ accreditations lacks legal justification and is inconsistent with principles of pluralism, diversity, non-discrimination, democratic society, and the public interest.
The statement reads…..
“The prohibition of journalists from covering the Presidential Villa fails to align with the principles of legality, necessity, and proportionality.”
“The media serves as a vital conduit for the exercise of freedom of expression and access to information, both individually and collectively, within a democratic society.”
“The presence of a free, independent, robust, diverse, and pluralistic media is indispensable for the effective operation of a democratic society.”
“The unfettered flow of ideas and news is only attainable in the presence of a multitude of information sources and media outlets. A lack of diversity in information sources poses a substantial impediment to the functioning of democracy.”
“The exercise of the right to freedom of expression through the media is a foundational guarantee for advancing collective deliberation on public and democratic matters.”
“Strengthening the assurance of freedom of expression is a prerequisite for exercising other human rights, as well as for the right to participate in an informed and reasoned manner.”
“In accordance with the Nigerian Constitution of 1999 [as amended] and human rights treaties to which Nigeria is a signatory, freedom and diversity must be guiding principles in measures promoting media freedom. The prohibition of the 25 journalists is entirely inconsistent and incompatible with these principles.”
“The Federal Government should strive to enhance and broaden the scope of media freedom, access to information, freedom of expression, and citizen participation, rather than curtailing these fundamental liberties.”
“Excluding these journalists and media outlets from covering the Presidential Villa obstructs them from fulfilling their legitimate constitutional duties.”
“The revocation of the journalists’ accreditation tags directly infringes upon media freedom and human rights, including access to information and the right to participate. It could significantly inhibit news gathering and reporting functions and may lead to self-censorship.”
“The withdrawal of the journalists’ accreditations erects barriers between Nigerians and essential information about their government’s operations, which they have a constitutional right to receive.”
“Media freedom, access to information, and the right to participate are essential for maintaining an open and accountable government. These freedoms hold such paramount importance in a democracy that they outweigh vague claims of ‘security concerns and overcrowding of the press gallery area.'”
“On August 18, 2023, the Federal Government reportedly withdrew the accreditation tags of approximately 25 journalists and media houses, preventing them from covering activities at the Presidential Villa in Abuja.”
“The banned journalists reportedly include those from Vanguard newspaper, Galaxy TV, Ben TV, MITV, ITV Abuja, PromptNews, ONTV, and Liberty. Other media personnel affected by the withdrawal are primarily reporters and cameramen representing various broadcast, print, and online media outlets.”
“Under section 22 of the Nigerian Constitution, mass media, including ‘the press, radio, television, and other mass media agencies,’ shall always be free to uphold the fundamental objectives outlined in this Chapter and ensure the government’s responsibility and accountability to the people.”
“Section 14(2)(c) of the Constitution stipulates that ‘the people’s participation in their government shall be ensured in accordance with the provisions of this Constitution.'”
“Similarly, Article 9 of the African Charter on Human and Peoples’ Rights guarantees ‘Every individual shall have the right to receive information. Every individual shall have the right to express and disseminate their opinions.'”
“Article 13 of the Charter also states that ‘Every citizen shall have the right to participate freely in the government of their country. Every citizen shall have the right to equal access to the public service of their country. Every individual shall have the right of access to public property and services.'”
“Articles 19 and 25 of the International Covenant on Civil and Political Rights contain similar provisions.”
“No date has been set for the hearing of the lawsuit.”
