Odinkalu V Kaduna Govt: 89 Civil Societies Say Decision Of Federal High Court On October 22 An Opportunity to Protect Free Speech in Nigeria

No fewer than 32 Human Right Organizations and 57 individuals have issued a statement on the judgment of the Federal High Court slated for October 22 regarding the suit filed by a human rights lawyer and former Chairman of Nigeria’s National Human Rights Commission (NHRC), Prof Chidi Odinkalu, against the government of Kaduna State

In a joint statement made available to TheNigeriaLawyer (TNL), they said the decision will have impact on the right of people to air their opinion freely on matters of public interest. They urged the judiciary to protect human rights in line with national, regional and international human right instruments

“On October 22, 2020, an important case comes for decision before the Federal High Court sitting in Kaduna, north-west Nigeria. The case – brought by Professor Chidi Anselm Odinkalu – will have an important impact on the rights of people in Nigeria to voice their opinions in matters of public interest and question those in authority.

“We, the undersigned organisations and individuals, see this upcoming case as an opportunity for Nigeria’s judiciary to ensure that the protection of human rights in the country aligns with the Federal Republic of Nigeria’s constitutional, regional and international human rights obligations. In particular, this case provides an opportunity for the judiciary to reinforce the fundamental rights to freedom of expression, access to information, and civic participation.” the statement reads

Prof. Odinkalu had filed a suit before the Federal High Court in Abuja challenging the constitutionality of criminal charges against him by the Kaduna State government, following a televised interview he gave in February 2019 in Abuja, the Federal Capital.

In the interview, Prof. Odinkalu challenged claims by the Governor of Kaduna State Mallam Nasir El-Rufai – made a day before scheduled elections in the State – that 66 members of the Fulani ethnic group had been killed in Kajuru, Kaduna State. Prof. Odinkalu stated that the Governor’s statement appeared to have no basis in reality and could not be verified by the relevant state agents. He further expressed concern that the statement could cause ethnic tensions leading to electoral violence.

On March 18, 2019, Prof. Odinkalu was charged by the Director of Public Prosecution (DPP) of Kaduna State with inciting disturbance, injurious falsehood, public nuisance, and furnishing false information.

The Joint Civl Society alleged that “the case, which was initiated before the Magistrate Court in Kaduna, was fraught with numerous procedural irregularities including an undated case file with no file number; closed hearings from the public; and the continuation of the case in the absence of Prof. Odinkalu despite an order from the High Court staying proceedings in the case. On October 26, 2020, the State High Court of Kaduna will preside over the judicial review of the criminal proceedings in the Magistrate Court of Kaduna.”

Furthermore, they said the judgment to be delivered on October 22, 2020 presents a “monumental opportunity” for the court to recognize the right to freedom of expression and ensure that it is enforced in Kaduna State in accordance with the country’s human rights obligations. Government officials and people in authority are not exempt or protected from criticism.

They said public officials are expected to tolerate greater criticism than the rest of society without attempt to stifle public debate as highlighted by the United Nations special experts and mechanisms.

They admitted that the right to freedom of expression may be restricted for the purpose of public health and security but such restrictions must be justifiable in a democratic society and must be necessary to achieve the stated purpose.

“The African Court on Human and Peoples’ Rights has held that seeking to impose a prison sentence, let alone corporal punishments such as lashings, for criticism of a public authority – whether true or otherwise – can never be necessary or proportional. Regional and international bodies have further called on all States to repeal criminal defamation laws, as well as all laws which effectively criminalise defamation, sedition, insult and false news. Where necessary, such infractions can and should be dealt with through civil proceedings, which should also be adequately proportionate and provide appropriate defences.

“Given Nigeria’s regional and international obligations, as a signatory to several treaties including the International Covenant on Civil and Political Rights and the African Charter on Human and Peoples’ Rights, we are concerned that the Kaduna State government chose to undertake a criminal prosecution against Prof. Odinkalu for what is clearly protected speech. The undersigned organisations and individuals thus look forward to the decision of the Federal High Court of Nigeria in this important case.” they added

Below were signatories to the statement

Organizations
The Africa Judges and Jurists Forum; African Defenders (Pan African HRDs Network); African Freedom of Expression Exchange (AFEX); AJPD – Angola; Amnesty International; Center for Democracy and Development (CDD); Centre for Human Rights Education, Advice and Assistance (CHREAA); Chapter One Foundation; DefendDefenders (East and Horn of Africa Human Rights Defenders Project); DITSHWANELO – The Botswana Centre for Human Rights; Friends of Angola (FoA); Gender Centre for Empowering Development (GenCED); Global Rights; Human Rights Defenders Network-SL; Human Rights Institute of Southern Africa (HURISA); International Commission of Jurists- Kenya; International Refugee Rights Initiative; Kenya Human Rights Commission Media Rights Agenda; MOSAIKO-Angola; Mouvement Inamohoro, Femmes et Filles pour la paix et la sécurité; Open Bar Initiative, Nigeria; Open Society Initiative for Southern Africa (OSISA); Pan African Lawyers Union (PALU); Robert F. Kennedy Human Rights; SADC Lawyers Association; Southern Africa Human Rights Defenders Network; Tap Nitiative for Citizens Development; The Association of Concerned Africa Scholars (ACAS-USA); Torture Abolition and Survivors Support Coalition International (TASSC); Zimbabwe Human Rights NGO Forum; and Zimbabwe Lawyers for Human Rights

Individuals signatories are:
Delma Monteiro Angola; Lúcia da Silveira Angola; Garcia Mvemba AngolaGodinho Cristóvão Angola; Julio Candieiro Angola; Fortunato Paixão Angola; Cristina Gouveia Angola; Alice Mogwe Botswana; Marie Louise Baricaco Burundi; Star Rugori Burundi; Joseph Bikanda Cameroon; Ady Namaran Coulibaly Cote d’Ivoire; Hannah Forster Gambia; Edmund Amarkwei Foley Ghana; Abdul Noormohamed Kenya; Andrew Songa Kenya; Crystal Simeoni Kenya; Diana Gichengo Kenya; Donald Deya Kenya; Irene Soila Kenya; James Gondi Kenya; Maureen Achieng Akena Kenya; Patricia Nyaundi Kenya; Roland Ebole Kenya; Charles Kajoloweka Malawi; Happy Mhango Malawi; Nikiwe Kaunda Malawi; Tiseke Kasambala Malawi; Victor Mhango Malawi; Professor Adriano Nuvunga Mozambique; Custodio Duma Mozambique; Vicente Manjate Mozambique; Norman Tjombe Namibia; Abiodun Baiyewu Nigeria; Cheta Nwanze Nigeria; Edet Ojo Nigeria; Mbasekei Martin Obono Nigeria; Nana Nwachukwu Nigeria; Ohimai Amaize Nigeria; Valnora Edwin Sierra Leone; Annah Moyo South Africa; Corlett Letlojane South Africa; Hakima Haithar South Africa; Nomsa Sizane South Africa; Samkelo Mokhine South Africa; Simphiwe Sidu South Africa; Shuvai Nyoni South Africa; Sufiya Bray South Africa; Vusumuzi Sifile South Africa; Abdel-Moniem El Jak Sudan; Mary Pais Swaziland; Muzi Masuku Swaziland; Thulani Maseko Swaziland; Vera Mshana Tanzania; Dismas Nkunda Uganda; Jackson Odong Uganda; Lamunu Lamunu Prossy Uganda; Nelly Badaru Uganda; Salima Namusobya Uganda; Sharon Nakandha Uganda; Linda Kasonde Zambia; Professor Michelo Hansungule Zambia; and Muleya Mwananyanda Zambia;

Others are the same Muluka Miti-Drummond Zambia; Vusumuzi Sifile Zambia; Justice Alfred Mavedzenge Zimbabwe; Arnold Tsunga Zimbabwe; Brian Tamuka Kagoro Zimbabwe; Makanatsa Makonese Zimbabwe; Charles Clint Chimedza Zimbabwe; Deprose Muchena Zimbabwe; Fungisayi Patricia Mwanyisa Zimbabwe; Hardlife Mudzingwa Zimbabwe; Janah Ncube Zimbabwe; Janet Zhou Zimbabwe; Kelvin Kabaya Zimbabwe; Lloyd Kuveya Zimbabwe; Mamukeleni Tsunga Zimbabwe; Memory Zonde-Kachambwa Zimbabwe; Mooya Nyaundi Zimbabwe; Muchengeti Hwacha Zimbabwe; Munjodzi Mutandiri Zimbabwe; Musa Kika Zimbabwe; Otto Saki Zimbabwe; Passmore Nyakureba Zimbabwe; Siphosami Malunga Zimbabwe; Stanely Nyamanindi Zimbabwe; Professor Carl LeVan American University; and Desiree Cormier Smith Open Society Foundations