Civic Space: SERAP Advocates Legal Framework

A Lagos-based Non-governmental organisation and human rights group, on Tuesday, March 26, 2024, stressed the need for the establishment of a legal framework that recognises and respects human rights. 

The group, Socio-Economic Rights and Accountability Project (SERAP), equally charged the Nigerian government to review laws like the Official Secrets Act, Criminal Code Act and Cybercrime Act for potential restrictions on free speech and press, and amend them in line with international human rights standards and agreements, including the declaration for the development of free, independent and pluralistic press.

SERAP made the above assertions through Dr Bunmi Afinowi from the Faculty of Law, University of Lagos (UNILAG), at the report launch entitled ‘Crackdown On Media Freedom And Civic Space In Nigeria', which held in Ikeja, Lagos.

The group which further suggested the strengthening of the independence of regulatory bodies like the National Broadcasting Commission (NBC) and the Nigerian Press Council (NPC) to ensure impartial regulation and promote self-regulation within the media, posited that the recent decision of the Federal High Court on the powers of the NBC is a step in the right direction.

In revealing that the Nigerian government should ensure a diverse representation in the NBC and NPC, including journalist unions, civil society, and academia, SERAP maintained “The judiciary has a role to play in this regard by ensuring that it upholds the rule of law and safeguards fundamental human rights as recognised and enshrined in the Constitution.

“Bodies like the National Human Rights Commission, the Nigeria Union of Journalists, and relevant civil society must ensure prompt and thorough investigations into the attacks on journalists and hold perpetrators accountable.”

The senior lecturer equally stressed the imperative for professional bodies and civil society to encourage coalitions and ensure adequate funding, capacity building and technical support for civil society organisations working on media freedom and human rights issues, adding that both the FGN and state governments should be tolerant of criticisms and perceived critical views expressed by Nigerians.

According to the law teacher: “The Nigerian government should prevail on law enforcement agencies to refrain from arbitrary arrests and frivolous charges based on exercise of the right to freedom of expression.

“The Attorney General of the Federation (AGF) should push for the immediate amendment of the Cybercrimes Act and other repressive legislation and bring the laws in line with the Nigerian Constitution of 1999 (as amended) and international human rights obligations, including under the African Charter on Human and Peoples' Rights and International Covenant on Civil and Political Rights to which Nigeria is a state party. 

The Secretary to the Government of the Federation (SGF), George Akume, in his keynote address, insisted that the promotion and protection of civic space were regarded as a special prerequisite for increasing growth, good governance, rule of law and sustainable development.

Represented by Simon Shingu, the SGF said, “As we gather here today, we are reminded of the fundamental principles of our democracy, which are freedom of association, assembly, and expression.

"These rights are not just enshrined in our Constitution but are the bedrock of our striving democracy.

"With a vibrant civic space, we can hold our leaders accountable, but without a vibrant one, we cannot address the pressing issues facing our nation.”

For the Chairman, the House Committee on Media and Public Affairs, Akin Rotimi (Jnr), no amount of introspection on the civil space could be described as too much or too little.

Rotimi maintained that civil society could be improved in numerous ways and one aspect to address was inclusivity and diversity in broader society and that Civil Society Organisations (CSOs) must ensure that their structures, leadership and key decision-making reflected the diversity of the communities they served.

Mrs Funmi Falana (SAN), who represented her husband, Mr Femi Falana (SAN), declared that democracy is not just about voting, but also entails the right of the people to determine how they are to be governed as provided by the law.

The SAN further stated that “the law also provided for the people to express their minds when they are not being governed properly without fear of being detained, harassed or subjected to any restrictions.”

Falana prayed the Nigerian government to pay damages imposed by the courts against it, even as he noted that some judges are afraid to make declarations on public interest litigations while hiding under locus standi.

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