Amnesty International and Socio-Economic Rights and Accountability Project (SERAP) condemn the intimidation, harassment and threat by the Department of State Services (DSS) against the Africa Independent Television (AIT) and Channels Television over their alleged reports on the involvement of the DSS in the Lagos State House of Assembly crisis.
President Bola Tinubu should direct the DSS to immediately stop intimidating and harassing media houses, journalists and other civil society actors solely for exercising their human rights and carrying out their constitutional and professional duties.
The two organizations are deeply concerned that the reaction of the DSS to the reporting of the events at the Lagos State Assembly may tie the hands of the media when it comes to reporting live and developing stories.
The intimidation of AIT and Channels TV is yet another example of the growing crackdown on the rights to freedom of expression, information and media freedom under the government of President Bola Tinubu.
The Cybercrimes Act has repeatedly been used by law enforcement and security agencies to criminalize and crackdown on the right to freedom of expression and media freedom and to prosecute journalists, bloggers and other civil society actors. This travesty of justice must stop.
The intimidation, harassment and threat of legal action against AIT and Channels TV are clearly designed to stifle scrutiny and public debate on issues of public interest.
The threat by the DSS to use the Cybercrime Act against AIT and Channels TV is also unlawful, as the ECOWAS Court of Justice in Abuja has declared section 24 of the Act as arbitrary, vague and repressive and ordered Nigerian authorities to repeal it in conformity with the country’s international human rights obligations.
The ECOWAS Court had in its judgment dated 25 March 2022 ordered Nigerian authorities to stop using section 24 of the Cybercrime Act to prosecute anyone simply for exercising their human rights.
However, the vague, arbitrary, and repressive provisions of section 24 of the Cybercrime (Amendment) Act 2024 are routinely abused to suppress factual reports by journalists, broadcast stations and civil society activists, thereby leaving a chilling effect on human rights and media freedom.
Amnesty International and SERAP urge the DSS and other security and law enforcement agencies to obey the judgment of the ECOWAS Court rather than misusing the Cybercrime Act to target, intimidate, harass and silence broadcast stations, journalists and other civil society actors.
The DSS and other security and law enforcement agencies should stop using the Cybercrime Act to target the media, journalists and civil society activists solely for peacefully exercising their human rights and carrying out their constitutional and professional duties.
Media houses and journalists ought to be given the room to determine how best to present information of public interest. The intimidation and harassment of AIT and Channels TV would lessen the flow of diverse viewpoints and information to the public.
The intimidation of the broadcast stations is also entirely inconsistent and incompatible with section 39 of the Nigerian Constitution 1999 [as amended]; and the country’s obligations under article 9 of the African Charter on Human and Peoples’ Rights and article 19 of the International Covenant on Civil and Political Rights.
It is contrary to both the Nigerian Constitution and international human rights standards to intimidate, harass, threaten or punish journalists and media houses such as AIT and Channels TV solely for carrying out their professional duties.
A free, uncensored, and unhindered press or other media is essential in any society to ensure freedom of opinion and expression and the enjoyment of other rights.
The Tinubu administration must respect, protect, promote and fulfil the human rights of everyone in the country including the rights to freedom of expression, information and media freedom.
The administration should caution the DSS and other security and law enforcement agencies to refrain from harassing or targeting critical journalists and independent media outlets. The administration must ensure a conducive environment for journalists, media houses and other civil society actors to carry out their work and operate freely without fear of reprisals.
BACKGROUND
On 17 February, independent media organizations across Nigeria reported what staff of Lagos State House of Assembly described as ‘invasion’ of the house by the operatives of the Department of State Services (DSS). The DSS through its lawyers then threatened Africa Independent Television (AIT) and Channels Television with civil and criminal lawsuits [SLAPPs], should the stations fail to retract their reports on the events at the Lagos Assembly and publish apologies within seven days. Although the Assembly said it requested ‘security coverage’ from the DSS, it expressed concern that the Assembly did not request the security agency to bar access to the offices of its leadership or stop lawmakers from doing their work.