Nigerian government refuses to compensate journalist a year after ECOWAS court ruling – Media Foundation For West Africa

Despite a judgement of the ECOWAS Court of Justice on  July 9 ,2021, ordering the Nigerian government to compensate journalist Agba Jalingo for his prolonged detention and mistreatment in custody, the journalist has not been paid.

“They haven’t paid the compensation. They haven’t paid anything,” Jalingo told the MFWA

Arrest and trial

Jalingo, who is the publisher of CrossRiverWatch, a privately owned news website, was arrested on  August 22 2019 over a report alleging that Ben Ayade, the governor of Cross River state in south-southern Nigeria, diverted NGN500 million (US$1.2 million) belonging to the state’s coffers.

Federal authorities in Cross River state charged the journalist with breaching peace and treason on August 30, 2019. He was accused of writing and posting social media posts about the governor.

According to the charge sheet the disturbance charges stemmed from a July 12, 2019, article published on CrossRiverWatch. It alleged corruption involving Ayade as well as the Cross River Micro Finance Bank.

The treason charges alleged that, Jalingo agitated for Ayade’s removal through “various malicious publications” on CrossRiverWatch and social media.

Jalingo was subsequently remanded to Calabar in custody, but was released on bail February 17, 2020 after spending 179 days detained.

The journalist said that his jailers made his life difficult after his release. He claimed that his hands were kept frozen in a deep freezer for two weeks during a time in prison.

The ruling

In response to a suit filed on the journalist’s behalf by a civil rights group, Socio-Economic Rights and Accountability Project (SERAP), the ECOWAS court in Nigeria’s capital Abuja ordered the Nigerian government to pay Jalingo a sum of NGN30 million (approximately US$73,000) as compensation for dehumanising him while in detention.

Jalingo was detained, tortured, dehumanized, and detained by the court at the time.

“This is against international human rights treaties, particularly the African Charter on Human and Peoples’ Rights to which Nigeria is a state party. The Nigerian government has flouted the provisions of these treaties on international fair trial standards,” the court said.

“For these reasons, on the claims of compensation for ill-treatment and torture, SERAP has been able to establish the claims. We condemn the Nigerian government’s acts and award Mr Jalingo NGN30 million compensation for violations of his human right. The Nigerian government must comply with the order of the court within three months, and file a process to this court to this effect.”

However, the Nigerian government has despised the ECOWAS court’s order to compensate Jalingo within three months of the judgement.

Jalingo stated to the MFWA, that his lawyers are still at court to enforce his judgment.

“My lawyers have filed for enforcement of the [ECOWAS]Cross River State High Court. It is recorded that they owe me. Anytime they want to pay me, they should pay,” the journalist said.

However, he said that the monetary compensation was not as important to him as the acquittal from all charges against him.

Justice comes through

A federal high court in Calabar (the capital of Cross River state) dismissed the terrorism, cybercrime and treasonable felonies against Jalingo on 22 March 2022.

According to CrossRiverWatch, the judge, Ijeoma Oluku, dismissed the charges against Ojukwu after Cross River state government dropped the charges against him.

Jalingo’s lawyer, Adeyinka Olumide-Fusika, commended the Cross River state attorney general for withdrawing the charges against his client.

“We are happy that our harassment has ended,” said Olumide-Fusika, who was accompanied by two other lawyers, Baba Isa and Kehole Enya.

Jalingo reacted and said that he was happy that he has been exonerated by the court.

“The court has told the governor and the police that arrested me that what they did was wrong. The court ruled that the trial was a waste. These are the things that gladden my heart,” he told MFWA.

Jalingo stressed the need for journalists to unite and fight against those who use power to silence those who are truthful in a shrinking democracy.

“Despite the risk that comes with this, we must not relent, which is why the work that media rights organisations [like the MFWA] are doing to protect journalists and look out for them is very important,” he said.

MFWA hails Cross River’s high court ruling that exonerate Jalingo from all charges and demands NGN30 million in compensation from the government for the journalist who was accused by the ECOWAS courts.

Nigerian authorities should also stop arbitrarily arresting or illegally detaining journalists. The constitution grants them the freedom to do what they want without fear or favor.