Joint Civil Society Statement in the Case of Prof. Chidi Anselm Odinkalu v. Kaduna State: An Opportunity to Protect Free Speech in Nigeria
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 case before the Federal High Court challenges the constitutionality of criminal charges against Prof. Odinkalu, a renowned Nigerian human rights lawyer and former Chairperson of Nigeria’s National Human Rights Commission, 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.
Following the televised interview, 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 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.
The judgment of the Federal High Court on October 22, 2020 presents a monumental opportunity for the court to recognise 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. United Nations special experts and mechanisms have specifically highlighted in reference to Nigeria, which includes all its Federal States, that public officials are required to tolerate greater criticism than the rest of society and that actions taken by them should not stifle public debate. While the right to freedom of expression may be restricted for public health and public security reasons, such restrictions – even when provided for by law – must be justifiable in a democratic society and must be necessary to achieve the stated purpose. Furthermore, any limitations must be the least restrictive means to achieve the objective.
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.
Organisations
- African Centre for Media & Information Literacy (AFRICMIL)
- African Defenders (Pan African HRDs Network)
- African Freedom of Expression Exchange (AFEX)
- Africa Judges and Jurists Forum
- 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)
- Public Interest Lawyers League (PILL) Nigeria
- Robert F. Kennedy Human Rights
- SADC Lawyers Association
- Southern Africa Human Rights Defenders Network
- Tanzania Human Rights Defenders Coalition
- 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
- Zimbabwe Lawyers for Human Rights
Individuals
- Delma Monteiro Angola
- Lúcia da Silveira Angola
- Garcia Mvemba Angola
- Godinho 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
- Abdul Mahmud Nigeria
- Abiodun Baiyewu Nigeria
- Ariyo-Dare Atoye Nigeria
- Cheta Nwanze Nigeria
- Chido Onumah Nigeria
- Edet Ojo Nigeria
- Mbasekei Martin Obono Nigeria
- Nana Nwachukwu Nigeria
- Ohimai Amaize Nigeria
- Omoyele Sowore Nigeria
- Steven Kefason 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
- Muleya Mwananyanda Zambia
- 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
- Desiree Cormier Smith Open Society Foundations