A Federal Court in Abuja has instructed the Attorney General of the Federation and Minister of Justice on Friday, to re-open the investigation leading to the death of the founder of Newswatch Magazine, Dele Giwa, who was killed by a parcel bomb at his residence in Ikeja, Lagos state in 1986. The judgment was presided over by Inyang Ekwo, in a suit filed by the incorporated Trustee of Media Right Agenda (MRA). had dragged the AGF before the court for the enforcement of fundamental rights of media practitioners to safety as guaranteed by the 1999 Constitution and African Charters on Human Rights.
Apart from Dele Giwa, the court ordered that the killings of other journalists in the discharge of their lawful duties must be investigated and perpetrators brought to book in line with the provisions of the law, others listed in the affidavit include Bolade Fasisi of the National Association of Women Journalists, killed on March 31, 1998; Edward Olalekan of Daily Times, murdered on June 1, 1999; Omololu Falobi of The Punch, October 5, 2006; Godwin Agbroko of Thisday, December 22, 1999; Abayomi Ogundeji of Thisday, August 17, 2008; and Edo Sule-Ugbagwu of The Nation, April 24, 2010.
“I have studied the response of the respondent to the averments of the applicant and I find the said averments to be generic in nature and they do not controvert the case of the applicant specifically,” the judge held in his ruling.
“The applicant has stated names of journalists killed in Paragraph J of the affidavit in support.
“It is pertinent to note that the respondent has neither denied that these killings have taken place or that these persons were not journalists or media practitioners.“The position of the law is that affidavit evidence which is not challenged or controverted howsoever, is deemed admitted and can be relied upon by a court.
“An order is hereby made directing the federal government of Nigeria to take measures to prevent attacks on journalists and other media practitioners.“An order is hereby made directing the federal government of Nigeria to investigate, prosecute, and punish perpetrators of all attacks against journalists and other media practitioners, and ensure that all victims of attacks against journalists have access to effective remedies.
“An order is hereby made directing the federal government to take measures to raise awareness and build the capacities of various stakeholders, particularly journalists and other media practitioners, policymakers, law enforcement, security, intelligence, military as well as other officials and relevant stakeholders on the laws and standards for ensuring the safety of journalists and media practitioners.”
In his judgment, Justice Ekwo directed FG to ensure adequate protection and safety of the lives of journalists in the country, in line with the provisions of sections 33, and 39 of the Constitution and Articles 4 and 9 of the African Charter on Human and Peoples Rights.
