<p>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 Olawale Bakare, also known as Mandate for apparently politically motivated
charges of treason, fraud and ‘insulting President Muhammadu Buhari’.”</p>



<p> ;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.”</p>



<p> ;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.”</p>



<p> ;SERAP also said: “These 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.”</p>



<p> ;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.”</p>



<p> ;“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.”</p>



<p> ;“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.”</p>



<p> ;“Attacks on journalism are fundamentally at odds
with protection of freedom of expression and access to information, which in
turn is key to promoting transparency and accountability, and the achievement
of the government’s anti-corruption agenda.”</p>



<p> ;“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.”</p>



<p> ;“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.”</p>



<p> ;“SERAP notes that last Friday the Federal
Government filed a seven-count charge of cybercrimes of insulting Mr Buhari,
money laundering and treasonable felony against Sowore and Bakare. The charges
followed their detention by security operatives on 2nd ;August, 2019. Order
was his detention was not made until the 8th ;of August.</p>



<p> ;“SERAP also notes that at a forum we organized in
June 2019 to discuss the legality of the Cybercrimes Act, your representative
and the Head of Cybercrimes Prosecution Unit in the Ministry of Justice Mr.
Terlumun George Tyendezwa said the Justice Ministry was committed to pursuing
the amendment of the Act, to remove its repressive provisions like insulting
public officials, which is now being used in this case, and frequently to
undermine freedom of expression, media freedom and provide special protection for
public figures including president and state governors.”</p>



<p> ;“Nigerian constitution and international human
rights treaties such as the International Covenant on Civil and Political
Rights and the African Charter on Human and Peoples’ Rights to which Nigeria is
a state party protect even shocking and offensive speech.”</p>



<p> ;“Article 19 of the International Covenant on Civil
and Political Rights guarantee everyone’s right to hold opinions without
interference and to seek, receive and impart information and ideas of all
kinds, regardless of frontiers and through any media, including in the form of
art.”</p>



<p> ;“The Human Rights Committee in fact underlines in
General Comment 34 that laws should not provide for more severe penalties
solely on the basis of the identity of the person and that the value placed by
the Covenant upon uninhibited expression is particularly high in cases
involving public or political figures. Thus, the mere fact that forms of
expression are considered to be insulting to these figures is not sufficient to
justify the imposition of penalties.”</p>



<p> ;“These restrictions on freedom of expression and
media freedom cannot meet the basic tests of legality, reasonableness and
proportionality. It is normal for expression to provoke controversy, reaction
and discourse, even anger but not punishment, fear and silence.”</p>



<p> ;“We hope that the aspects highlighted will help
guide your actions in acting to withdraw the charges against Sowore and Bakare,
and several other similar charges instigated or brought by state governors
across the county. We would be happy to provide further information or to
discuss any of these issues in more detail with you.”</p>

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