The Socio-Economic Rights and Accountability Project (SERAP) has urged the Secretary-General of the Commonwealth, Patricia Scotland, to apply the Commonwealth Charter to hold the Nigerian authorities accountable for reports of attacks on journalists covering the #EndBadGovernance protests and peaceful demonstrations in some parts of the country.

SERAP also called on Scotland to use the Commonwealth Charter “to press the Nigerian authorities to promptly, thoroughly, impartially, independently, transparently, and effectively investigate reports of attacks on journalists covering the protests in Nigeria and on peaceful protesters.”

SERAP, in a statement issued by its Deputy Director, Kolawole Oluwadare, yesterday, urged Scotland to press the Nigerian authorities to publish the outcome of any investigation, hold suspected perpetrators to account, and ensure access to justice and effective remedies for the affected journalists and peaceful protesters for any violations of domestic law and international standards.

The organisation urged Scotland to press the Nigerian authorities to uphold the rights of journalists to monitor and report on protests, ensure their safety, and ensure that journalists are not detained, threatened, attacked, or restricted when covering noteworthy events of public interest, such as protests.

In the urgent appeal dated August 3, 2024, SERAP stated that the targeting of journalists with lethal or less-lethal force for doing their work is prohibited under the Nigerian Constitution and international human rights law, and is contrary to best law enforcement standards.

SERAP said, “Those violating such standards must be subject to accountability and disciplinary processes. The Commonwealth should take a clear stand to ensure accountability of institutions, media freedom, and peaceful assembly in Nigeria.”

The urgent appeal, copied to Mr António Guterres, Secretary-General of the United Nations, and Mr Volker Türk, UN High Commissioner for Human Rights, read in part:

““The Nigerian authorities over the years have repeatedly demonstrated that they are not committed to protecting human rights.

“Respect for Commonwealth values is essential for citizens to trust Commonwealth institutions. The Commonwealth ought to take a strong stand for the protection of human rights and media freedom in Nigeria, principles which are fundamental to the Commonwealth’s integrity, functioning, and effectiveness of its institutions.

“Nigerian authorities have the legal obligation to protect journalists reporting the news, including covering protests. Nigerian authorities also have an obligation to investigate and punish any violation that occurs within the framework of a public demonstration, including attacks on the press.

“The Commonwealth Charter and declarations recognise media freedom and the inalienable right of individuals to participate in democratic processes, in particular through the peaceful exercise of their rights to freedom of expression and assembly, access to information, and media freedom, which apply both offline and online.”

Similarly, SERAP added that any peaceful protesters and journalists detained solely because of their exercise of the right to peaceful assembly and covering the protests should be immediately and unconditionally released.

“Law enforcement officers should only resort to force in ‘exceptional’ circumstances. Any use of force must only be the minimum amount necessary, targeted at specific individuals, and proportionate to the threat posed.”

“The restrictions on the use of force, including against journalists covering protests, are even more important when security agents use lethal force such as firearms.

“The Nigerian Constitution 1999 (as amended) and human rights treaties, including the International Covenant on Civil and Political Rights and the African Charter on Human and Peoples’ Rights, contain language protecting the rights to freedom of expression and access to information.

“Nigerian authorities have the obligation to consistently promote a culture of accountability for law enforcement officials during protests. Any use of force must be investigated to determine whether the force was necessary and proportionate,” SERAP noted.

The statement added that Nigerian authorities have an obligation to investigate effectively, impartially and in a timely manner any allegation or reasonable suspicion of unlawful use of force or other violations by law enforcement officials in the context of protests.

“The presence of journalists in protests promotes transparency and accountability and can deter the commission of such violations and abuses. To assume such a role, journalists have the right to observe, and by extension monitor, protests and to record reactions to protests by officials or other actors.

“Journalists play an essential watchdog role covering protests. Nigerian security agents have the duty to ensure the safety of journalists who are covering protests and to guarantee the right of the public to seek and receive information about these social mobilisations.

“Nigerian authorities must afford journalists the highest degree of protection in order for them to perform their work freely. This obligation includes both the duty to avoid the use or threat of force against journalists and to protect journalists against third-party violence.

“The confiscation, seizure, and/or destruction of notes and visual or audio recording equipment of journalists without due process should be prohibited and punished,” SERAP averred.

SERAP noted that even if an assembly is declared unlawful or is dispersed, it does not terminate the right of journalists to monitor protests, adding that Nigerian authorities have a legal obligation to adequately compensate journalists for any damaged equipment.

“According to the UN Special Rapporteurs and Human Rights Committee, the right to peaceful assembly is an individual right, not a collective right, and must be treated as such. Any isolated act of violence by some participants must not be attributed to other participants in the assembly.

“According to our information, security agents attacked journalists and some peaceful protesters in Abuja and other parts of the country. Security agents reportedly tear-gassed and shot at journalists and peaceful protesters, chasing and shooting at fleeing journalists.

“According to reports, bullets pierced a Premium Times reporter’s car conveying journalists out of the location at three different locations in Abuja. Journalists inside the car shot by security agents are those of The PUNCH, The Cable, Premium Times, and Peoples Gazette.

“Also, a commuter vehicle’s glass was reportedly shattered with bullets. These journalists visibly identified themselves as press. Security agents also reportedly arrested a freelance journalist, Ayoola Babalola, and some peaceful protesters in Abuja, the Federal Capital Territory, on Saturday,” the statement added.

SERAP highlighted that over 50 journalists have been reportedly arrested simply for covering the protests.

“A journalist, Abdulqudus Ogundapo, reportedly said he was scared for his safety when caught in the gunfire.

“On Thursday, some law enforcement officials reportedly abducted and carted away the camera and phones of The PUNCH photojournalist, Kayode Jaiyeola. On Friday in the Federal Capital Territory, police officers reportedly fired teargas at journalists covering the protest at the Berger roundabout.

“In Borno State, nine Radio Ndarason Internationale staff members were reportedly arrested by security officials in Maiduguri as they were covering protests,” SERAP lamented.