By Mark Longyen

The ECOWAS Court of Justice on Monday in Abuja dismissed a petition filed by Media Rights Agenda (MRA), an NGO, seeking to compel the Nigerian government to pay N10 million reparation each to the families of 11 deceased journalists.

MRA had in the suit filed in 2021 also sought to compel the Nigerian government to properly investigate the unresolved killing of the journalists between 1998 and 2021, identify, and prosecute their killers.

Delivering judgment, a three-member panel of the Court, presided over by Justice Gberi-be Ouattara, and delivered by Justice Dupe Atoki, held that the 11 journalists could not be equated as “public” with regards to proof of the victims’ status and dismissed the group’s petition.

The Court also held that although the murder of the said 11 journalists was a gross violation of their rights, it was bereft of jurisdiction to entertain and award reparations for the victims.

Earlier during the hearing of the case, MRA’s counsel, Mr Darlington Onyekwere, had argued that States were not only prohibited from taking life outside the permissible circumstances allowed by law but that they also had a positive obligation to act to prevent the loss of life.

The group’s counsel had argued that the MRA’s case was largely predicated on the African Charter, which the Supreme Court of Nigeria had held in Abacha & Ors v. Fawehinmi (2001) 1 CHR 20 to supersede domestic laws.

The human rights lawyer also contended that the Government could not rely on domestic laws to escape liability for the human rights violations complained of in the case.

Onyekwere had contended that the victims had been properly identified and could not have been made parties to the suit, contrary to the repeated arguments of the Government.

The MRA, therefore, prayed the court to direct the Federal Government to pay the families of each of the journalists N10 million as reparation, insisting that in spite of the Nigerian government’s obligations under various domestic, regional, and international instruments.

Onyekwere had argued: “The government has failed, refused, neglected and omitted to effectively investigate, prosecute and punish the killers of the journalists, who were murdered while exercising their fundamental right to freedom of expression and of the press or under circumstances connected to the exercise of these rights.

“Unless the court intervenes, the government will neither adopt measures to protect journalists nor cause any real, transparent, and impartial investigations into the killings of journalists in Nigeria, while the perpetrators of such dastardly acts will not be prosecuted and punished.”

He, therefore, prayed for a declaration, “that the failure of the Federal Government to adopt effective measures to protect and guarantee the safety of the 11 journalists under Article 66(2)(c) of the Revised ECOWAS Treaty, 1993 and Principle 20 of the Declaration of Principles on Freedom of Expression and Access to Information in Africa, amounts to a breach of the obligation imposed on the Government by the ACHPR and the Revised ECOWAS Treaty among others.”

However, responding, Mr Solomon Ogunlowo, the counsel to the Federal Government/Respondents, and Principal State Counsel in the Federal Ministry of Justice, had urged the Court to decline jurisdiction and hold that MRA’s suit was inadmissible.

Ogunlowo had challenged the competence and admissibility of MRA’s suit and contended that the Court lacked jurisdiction in the matter, stressing that the MRA lacked the locus standi to file and maintain the suit.

MRA, he argued, was not the victim of the human rights allegedly violated and which it was seeking to protect through the suit, adding that no victim had been properly identified and made a party to the suit.

According to him, MRA did not suffer any wrong or injury directly or indirectly on which basis the application could be maintained.

The News Agency of Nigeria (NAN) reports that the deceased journalists, over whom MRA filed the suit on August 16, 2021, were: Mr Tunde Oladepo, Bureau Chief of The Guardian newspaper’s Ogun State office, killed in Abeokuta on Feb. 26, 1998 by gunmen who entered his home early in the morning on that day and shot him dead in the presence of his wife and two young children.

Mr Okezie Amauben, publisher of Newsservice magazine was reportedly arbitrarily shot and killed by a police officer in Enugu on Sept. 2, 1998, while Mr Fidelis Ikwuebe, a freelance journalist for The Guardian newspaper, was abducted and murdered on April 18.

Mr Sam Nimfa-Jan, a journalist with Details magazine in Jos, Plateau State, was killed outside the prison in Kafanchan, Kaduna State on May 27, 1999, while covering a communal conflict in Zangon-Kataf.

Nimfa-Jan’s body was found with arrows protruding from his back.

Mr Samson Boyi, a photojournalist with the Adamawa State-owned newspaper, The Scope, was killed by armed men on Nov. 5, 1999 while on assignment to cover a visit by the then state governor, Mr Boni Haruna, to the neighbouring Bauchi State.

Mr Bayo Ohu, then an Assistant News Editor with The Guardian newspaper, was shot by armed men in his home in Lagos on Sept. 20, 2009.

Mr Nathan Dabak, Deputy Editor, and Mr Sunday Gyang Bwede, reporter, both with the Light Bearer, a monthly newspaper owned by the Church of Christ in Nigeria, were attacked and killed by a mob in Jos on April 24, 2010, while on a reporting assignment.

Mr Zakariya Isa, a reporter/cameraman with the Nigerian Television Authority (NTA) was killed on Oct. 22, 2011, while Mr Enenche Akogwu, a reporter and camera operator with Channels Television, was killed in Kano on Jan. 20, 2012 by gunmen suspected to be Boko Haram members.

Mr Precious Owolabi, a National Youth Service Corps (NYSC) member carrying out his primary assignment as a reporter with Channels Television, was shot and killed in Abuja on July 22, 2019 while covering a protest by members of the Islamic Movement of Nigeria that had resulted in a confrontation with the Nigerian Police.    

NAN also reports that the Court did not award any cost against the petitioners and held that parties in the case should bear the cost of litigation(NAN)(www.nannews.ng)

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(Edited by Emmanuel Yashim)

COVID-19

By Adenike Ayodele

Four years after the COVID-19 pandemic ravaged the world, a Lagos-based lawyer and Deputy Publisher of Lawbreed publications, Mrs Adejoke Layi-Babatunde, says the lessons from the pandemic must not be forgotten in a haste.

Layi-Babatunde said this via zoom at the launch of her book on Sunday titled: “Whispers of Resilience: Lessons from the COVID-19 Pandemic and Living Mindfully”.

She said the impact of the pandemic was not only felt by human beings, health institutions but travel, businesses, education, families and interactions, among others.

Layi-Babatunde said the book provides a realistic picture of the impact of COVID-19, how it shaped life economically.

“The book deals with what is needed to rebuild a dynamic life as well as how pandemic aided the use of technology in the country,” Layi-Babatunde said.

The author ,therefore, called on government at all level and the medical world to rise up to the occasion in a more prepared, strategic way to swiftly protect their citizens’ health when there is another pandemic.

According to her, healthcare is needed to improve generations.

“The 1918 Pandemic Flu killed several millions out of the so many millions of people infected with the virus worldwide.

“The number infected was one-third of the human population at that time. It was the first pandemic recorded in the 20th century.

“At that time, knowledge about treating and preventing such a pandemic was not advanced,” she said.

The event chaired by Mr Wale Adesokan (SAN) was attended by people from different countries as well various professionals and some survivors of the pandemic who shared their experiences.

The event also had in attendance, the first female Attorney-General of Lagos State, Hariat Balogun (SAN), the Lawbreed Publisher, Mr Layi Babatunde (SAN), Deacon Dele Adeshina (SAN), Engineer Olaitan Onalaja, Chief Iyiola Oladokun and Mr Sheriff Daramola, among other dignitaries.

Dr Chigozie Mbadugha, a Consultant Ophthalmologist and Head, Editorial Department, CambaBooks, while reviewing the book said that Layi- Babatunde chronicled the impact of the pandemic life generally.

Mbadugha said that the author reviewed past pandemics and looked at the resilience and resourcefulness of the human spirit.

“Layi-Babatunde details the inventions, the desire to solve the problems and challenges that manifested during the pandemic.
“She has taken on the bold task of writing about a topic that some do not dare to because some people would rather forget.

“I am glad this book will hit our shelves soon because I remember looking for literature about the Spanish Flu which happened in 1918 and wondering why there was so little information about it until COVID-19 took the world by storm.

“She takes a philosophical stance about what really matters and what is really a priority for man when faced with an invisible enemy like COVID-19,” Mbadugha said.

The reviewer described Whispers of Resilience as a book that should be in every family, school and public library.

“The book provides first hand information and facts for generations to come about a pandemic we witnessed and how we overcame,” she said.

Onalaja said the book was a constant reminder of the trauma people went through.
He added that the book was impactful and should be in every learning institution.

Also speaking, Daramola described the book as a heritage that would serve as guide for present and future.

Edited by Chinyere Joel-Nwokeoma

By Judith Ezeudogu

Mrs Jane Ebi, a businesswoman, on Friday dragged her husband, simply identified as Monday, before a Customary Court in Jikwoyi, near Abuja.

She is accusing him of “following everything under skirt”.

Jane, who is seeking a divorce, said that her husband is hot tempered, wicked, and had a bad attitude of getting drunk and following different women or anything under the skirt.

The petitioner alleged that her husband had been trying to get her out of the way by killing her.

She also told the court that her husband passes nights outside their matrimonial home.

“My husband always sleeps outside our matrimonial home with small girls leaving me and the children in danger.

“I have done all I can to make the respondent change from that life, but he has refused to change. It is on these grounds that I seek to divorce him,” she said.

The respondent, Monday, who is a driver, however denied all the allegations.

The presiding judge, Doocivir Yawe, advised the couple to explore reconciliation and adjourned the matter until March 7, for report of settlement or hearing. (NAN)

By Taiye Agbaje

Prof. Cyril Ndifon, the suspended Dean, Faculty of Law, University of Calabar (UNICAL), says the ICPC  is desperate to create or search for any conceivable crime to nail him.

Ndifon told Justice James Omotosho of a Federal High Court, Abuja in a no-case submission filed by his lawyer, Joe Agi, SAN, against the ICPC’s amended four-count charge preferred against him and his lawyer, Mr Sunny Anyanwu.

The suspended dean told the court that contrary to the anti-corruption commission’s allegations, the evidence before the court showed that WhatsApp messages between the ICPC’s witness, a female diploma student, identified as TKJ, and him were that of “emotional feelings between two lovers and did not in any way put either of the party under fear.”

He argued that there was incontrovertible evidence that he was arrested and investigated on an alleged offence, currently being prosecuted by the commission, in the year 2015 when he later proved to the ICPC that he had been cleared of the allegations by the police.

The News Agency of Nigeria (NAN) reports that Ndifon was, on Jan. 25, re-arraigned alongside Anyanwu on an amended four-count charge bordering on alleged sexual harassment and attempt to perverse the cause of justice.

Anyanwu, who is one of the lawyers in the defence, was joined in the amended charge filed on Jan. 22 by the ICPC on allegation that he called TKJ, the star witness, on her mobile telephone during the pendency of the charge against Ndifon to threatened her.

ICPC had, on Feb. 14, closed it case after calling four witnesses.

Counsel for the commission, Osuobeni Akponimisingha, had earlier informed the court that the anti-corruption commission had about seven witnesses and also planned to amend the charge to increase the witness number in proving their case against the defendants.

But in the last adjourned date, the commission announced the closure of its case and the defendants told the court if their plan to opt for a no-case submission.

The duo, through their lawyer, said there was no evidence adduced by the prosecution on which the court could convict them.

Meanwhile in the no-case submission dated and filed Feb. 19 on behalf of Ndifon and Anyanwu but sighted on Friday by NAN, Agi argued that the “unwholesome and illegal intrusion” into the professor’s phone by the ICPC had put before the whole world what TKJ and Ndifon intended to make a personal and private communication.

He said the act had injured and negatively impacted their (TKJ and Ndifon’s) characters and persons.

“The commission who at this time was desperate to create, search for any conceivable crime seized the telephone of the 1st defendant (Ndifon), who was under their custody and without obtaining an order of the court as required by Section 45 of the Cybercrime Act,” he said

The senior lawyer further argued that the ICPC action was also in breach of Ndifon’s fundamental right as guaranteed by Section 37 of the 1999 Constitution by breaking into his phone and started going through his phone in search for an offence and without respect to his right to privacy.

“Then on seeing nude and pornographic pictures in the 1st defendant’s phone jumped at the Cybercrime Act to investigate the so-called offence of cyberstalking.

“This is not only exposing them as an ungovernable monster but like a knight—errant that goes about looking for skirmishes and battles all over the mace.

“My Lord if this is allowed to stand then we are all in trouble and this cannot be the intention of the lawmakers or the law,” he said.

Agi equally argued that during cross examination of the 1st prosecution witness (PW1), Ogechi Chima, an ICPC investigator, she admitted that though they received several oral and written complaints against Ndifon, TKJ was never mentioned as one of those complainants.

The lawyer, who described the commission’s act as an afterthought, added that TKJ was not even listed as a witness in the original charge but “surfaced after the amended charge was filed.”

He also wondered why the registrar of UNICAL, who was listed as a witness in the original charge, was dropped in their amended charge.

He said in the light of the above, count four, which alleged that the defendants threatened TKJ not to honor ICPC’s invitation, in the amended charge was not commenced by due process of law thereby robbing the court of jurisdiction.

Besides, Agi contended that in the instant case, counts one and two “which deal with sending and receiving nude videos and count three of the charge, are not within the jurisdiction of the court.

“This Honourable Court must and should keep the ICPC within the scope and their legally demarcated boundaries as clearly provided in the statute that created them,” he said.

He, therefore, prayed the court to decline jurisdiction.

NAN reports that the defendants’ no-case submission would be heard on Feb. 27.(NAN)(www.nannews.ng)
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Edited by Sadiya Hamza

By Taiye Agbaje

A Federal High Court, Abuja, on Wednesday, ordered the Peoples Democratic Party (PDP) to show cause why 381 delegates elected on Feb. 4, at its ward congress should not participate in the primary scheduled for Thursday.

Justice Inyang Ekwo made the order in a ruling on the ex-parte motion moved by the plaintiffs’ counsel, Adaze Emwanta.

Justice Ekwo thereafter ordered that the defendants be served with all the court processes within two days of the order.

The News Agency of Nigeria (NAN) reports that three aggrieved ad-hoc delegates, on behalf of the 378 others, had sued the Independent National Electoral Commission (INEC), the PDP, its national secretary and the vice chairman, south south as 1st to 4th defendants respectively.

In the ex-parte motion marked: FHC/ABJ/CS/165/2024 dated Feb. 7 but filed Feb 8, the plaintiffs sought for two orders

These include an order for the defendants or their agents not to act but to show cause why the reliefs of the plaintiffs in their originating summons should not be granted with regard to the plan of the 2nd, 3rd and 4th defendants to exclude them and 378 other delegates, whose names and election results are contained in “Exhibits BID 8A to 8L,” from participating in the primaries of Feb. 22 in Edo.

The plaintiffs, which include Hon Kelvin Mohammed, Mr Gabriel Okoduwa and Mr Ederaho Osagie, on behalf of others in 12 local government areas and 127 wards, averred that it would be in the interest of justice for their reliefs to be granted.

Upon resumed hearing on Wednesday, counsel for the plaintiffs, Emwanta, told the court that all efforts to effect the service on the 2nd, 3rd and 4th defendants were unsuccessful.

He said though INEC was served on Monday, the other three defendants evaded service.

He, therefore, said that a motion for substituted service on the PDP and others had been filed.

He said a party seeking to be joined in the suit also served their application on him earlier in the day.

The lawyer said since there was no opposition to their motion for substituted service, he moved in terms of the application.

He said their sole prayer was to serve them by pasting the processes at the PDP headquarters.

Justice Ekwo, who granted the application, ordered that the service be effected within two days.

The judge then asked INEC’s lawyer, Hassan Aminu, if they had filed any application but he responded in the negative.

He said though they were served on Feb. 20, they did not file any process because “we have no issue with the order.”

The judge adjourned the matter until Feb. 28 for the PDP, its national secretary and vice chairman (south south) to show cause why the reliefs should not be granted.(NAN)(www.nannews.ng)
TOA/SH

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Edited by Sadiya Hamza

By Taiye Agbaje

A Federal High Court, Abuja has restrained the Minister of FCT, Nyesom Wike, and the Federal Capital Development Authority (FCDA) from intruding into the Centenary Economic City Free Zone on Airport Road, Abuja.

Justice Inyang Ekwo, in a judgment, also gave an injunction order restraining the Federal Capital Territory Administration (FCTA) and Arab Contractors (OAO) from further encroaching on the site.

Justice Ekwo also gave an order nullifying and setting aside in its entirety, all executive actions, steps, decisions, and administrative controls, including the forceful encroachment of the premises by OAO at the instructions of the minister, FCTA and FCDA without the prior consent of the plaintiffs and the overriding approval of Nigeria Export Processing Zones Authority (NEPZA).

The judge held that the encroachment contradicted Sections 4 and 13 of NEPZA Act Cap N107 LFN 2004, provisions of Section 5 (3) of the 1999 Constitution (as amended), and therefore, was unconstitutional, illegal, unlawful, void and of no effect whatsoever.

He also made an injunction order restraining them from exercising any executive or regulatory control on the zone, “which occupies the Land, measuring 1,264.78 hectares with beacons coordinates: PB57-PB59, PB60-PB69, PB70-PB79, PB80PB89, PB90-PB99 and PB1000-PB104, located at Airport Road, Wawa District, Cadastral Zone E24, FCT, Abuja.”

“An Order is hereby made directing Arab Contractors (OAO) Nigeria Limited, to immediately vacate the portion of the Centenary Economic City Free Zone, which it illegally occupies at the instructions of the 5th, 6th and 7th defendants against the provisions of Sections 4 and 13 of NEPZA Act, without the express approval of the NEPZA,” he added.

Justice Ekwo, therefore, ordered Arab Contractors to pay to the plaintiffs, the sum of N100 million only for the forceful invasion and destruction of the plaintiffs’ master plan of the zone, designed by Eagle Hills Properties LLC, of the United Arab Emirates (UAE) at a cost of 35 million dollars.

The judge, who ordered the company to pay a N50 million general damages, also directed the firm to pay N5 million as cost of the action.

He equally ordered an interest on the entire judgment sum at the rate of 10 per cent per annum, commencing from the time of the delivery of the judgment till the entire judgement sum is fully liquidated by construction firm.

The certified true copy of the judgment, delivered on Feb. 6, was sighted by the News Agency of Nigeria (NAN) on Monday.

NAN reports that the 1st and 2nd plaintiffs; Centenary Economic City Free Zone and Centenary City Free Zone Company, had sued the Nigerian president, the Attorney-General of Federation (AGF) and NEPZA as 1st to 3rd defendants.

Also joined in the originating summons marked: FHC/ABJ/CS/2130/2022 included the minister of Federal Ministry of Industry, Trade and Investment; FCT minister, FCTA, FCDA and Arab Contractors as 4th to 8th defendants respectively.

In the suit filed in 2022, the Managing Director of the 2nd plaintiff, Mr Ikechukwu Odenigwe, in the affidavit deposed to, averred that the 1st plaintiff was licensed as a Free Zone, under NEPZA on Sept. 10, 2014, while the 2nd plaintiff was licensed as a Free Trade Zone Company on Oct. 10, 2014, during President Goodluck Jonathan-led government.

Odenigwe said on Dec. 5, 2022, the Centenary City Project was approved by the Federal Executive Council (FEC).

“Pursuant to the centenary celebration, the Centenary City Pic, a real estate development and investment company was established on April, 2013.

“Land measuring 1,264.78 hectares was allocated to Centenary City Pic., for the development of the Centenary City in the FCT, following a development agreement entered with the FCTA,” he said.

He said the recommendation made by the the minister of Trade for the designation of 1,264.78 hectares of land at Wawa District, as the Centenary Economic City Free Zone, FCT, Abuja, was approved by the Presidency.

“The said approval was also communicated to the Managing Director, Centenary City Plc., via a letter dated 16th September, 2014.

“Upon the fulfilment of statutory requirements, a certificate was issued by the NEPZA, licensing Centenary Economic City as a Free Zone.

“The 2nd plaintiff was also issued an operating license,” he said.

The MD said the Centenary Economic City Free Zone was designed by Eagles Hills Properties LLC.

He, however, alleged that despite its lack of authority and without the permission of NEPZA, which had the regulatory power, the FCTA asked Arab Contractors to convert parts of the Free Zone land to their site yard.

Odenigwe alleged that Arab Contractors defaced and destroyed the master plan of the Centenary Economic City Free Zone.

The MD, who told the court that the company now endangered the assets and investments of the Federal Government with their conducts, said it was in the interest of justice to grant the reliefs as sought.

Although the president, AGF and Minister of Trade did not file any process, NEPZA said the plaintiffs had not disclose any reasonable cause against it.

But in their counter affidavit, the 5th, 6th and 7th defendants argued that the plaintiffs were not the allottees of all the parcel of land.

They further argued that based on the certificate of occupancy issued by the then FCT minister, the allottee was Centenary City Plc, and not any of the plaintiffs.

Besides, they said that the plaintiffs were not the allottees of the license issued by NEPZA.

They averred that the creation of the Centenary City as a Free Zone did not oust the powers of FCDA within the zone, insisting that the plaintiffs and NEPZA failed to carry along the FCTA and FCDA.

According to them the master plan of the FCT supersedes any other plan by any individual, including the plaintiffs and NEPZA.

They argued that they gave part of the land to the company because the expansion of a road linking Kuje Community with Airport Road was awarded to the firm.

Delivering the judgment, Justice Ekwo held that the plaintiffs had proven their case through the exhibits tendered and by the provisions of Sections 5 (1) (a) and (b), (2), and (3) (a) and (b), 147, 148, 299 (a) and (b) of the 1999 Constitution (as amended); Sections 4, 8, 10 (1) and (2) and 13 of the NEPZA Act, and Section 19 of the FCT Act.

“The plaintiffs are therefore entitled to the claims sought in this case and I so hold,” he said.(NAN)(www.nannews.ng)

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Edited by Sadiya Hamza

By Ebere Agozie

The Supreme Court on Friday affirmed the judgment of the Court of Appeal Lagos nullifying the takeover of the landed property of Suru Worldwide Ventures Nigeria Limited by the Asset Management Corporation of Nigeria (AMCON).

Justice Emmanuel Agim in his judgment dismissed the appeal brought to it by AMCON and affirmed the lower court’s decision to halt the company’s takeover and ordered a new hearing at the High Court.

“I find no merit in this appeal. The judgment of the court of appeal is hereby affirmed”, Agim declared.

The appellate court had in a lead judgment by Justice Ugochukwu Ogakwu, held that the failure of AMCON to join Suru Worldwide Ventures Nigeria Limited as a defendant in its suit before the Federal High Court rendered the proceedings leading to the takeover order nullity.

The court also ordered that the matter be returned to the Federal High Court for a fresh hearing.

A Federal High Court in Lagos had ordered the takeover of the company’s property by AMCON for not paying the loan obtained from the defunct Oceanic Bank.

AMCON had prayed the court to order security agencies to offer it protection to enable it to exercise its possessory rights as a legal mortgagee under the Deeds of Legal Mortgage, over Suru Worldwide Ventures Nigeria Limited’s landed properties.

But Suru Worldwide Ventures Nigeria Limited appealed against the judgment on the grounds that it was denied a fair hearing because it was not joined as a defendant. (NAN)(www.nannews.ng)

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Edited by Sadiya Hamza

By Taiye Agbaje

A Federal High Court, Abuja, on Friday, ordered the Federal Government to investigate, prosecute and punish perpetrators of the murder of founder of Newswatch Magazine, Dele Giwa, and other journalists in the country.

Justice Inyang Ekwo, in a judgment, also made an order directing the Federal Government to take measures to prevent attacks on journalists and other media practitioners, henceforth.

The News Agency of Nigeria (NAN) reports that the applicant; the Incorporated Trustees of Media Rights Agenda, had sued the Attorney-General of Federation (AGF) as sole respondent in the suit dated and filed Oct. 26, 2021.

In the motion on notice marked: FHC/ABJ/CS/1301/2021, the applicant sought a declaration that the killings of various journalists and media practitioners in Nigeria is a violation of their fundamental right to life.

This right, according to the group, is encapsulated in Section 33 of the 1999 Constitution (as amended), Article 4 of the African Charter on Human and Peoples’ Rights (Ratification and Enforcement) Act (Cap A9) Laws of the Federation of Nigeria, 2004, among other reliefs.

In the affidavit, the group listed some of the journalists murdered in the course of their duty to include Dele Giwa, killed on Oct 19, 1986; and Bolade Fasisi of National Association of Women Journalists, March 31, 1998;

Others include Edward Olalekan of Daily Times, murdered on June 1, 1999; Omololu Falobi of The Punch, Oct. 5, 2006; Godwin Agbroko of Thisday, Dec. 22, 1999; Abayomi Ogundeji of Thisday, Aug 17, 2008; and Edo Sule-Ugbagwu of The Nation, April 24, 2010.

Justice Ekwo, who observed that the AGF did not file any process to counter the arguments of the applicant, held that since the group’s arguments were not controverted, such arguments would be deemed to be true.

“I have studied the response of the respondent to the averments of the applicant and I find the said averments to be generic nature and they do not controvert the case of the applicant specifically.

“The applicant has stated names of journalists killed in Paragraph J of the affidavit in support

“It is pertinent to note that the respondent has neither denied that these killings have taken placed or that these persons were not journalists or media practitioners.

“The position of the law is that affidavit evidence which is not challenged or controverted howsoever, is deemed admitted and can be relied upon by a court,” he said.

He said media is a constitutional profession, hence, the journalists and media practitioners ought to be protected in the course of the duties.

The judge said he found in the end that the applicant had established its case by credible evidence and ought to be entitled to the reliefs sought.

“An Order is hereby made directing the Federal Government of Nigeria to take measures to prevent attacks on journalists and other media practitioners.

“An Order is hereby made directing the Federal Government of Nigeria to investigate, prosecute and punish perpetrators of all attacks against journalists and other media practitioners.

“And ensure that all victims of attacks against journalists have access to effective remedies.

“An Order is hereby made directing the Federal Government to take measures to raise awareness and build the capacities of various stakeholders.

“Particularly journalists and other media practitioners, policy makers, law enforcement, security, intelligence, military as well as other officials and relevant stakeholders on the laws and standards for ensuring the safety of journalists and media practitioners.

“This is the judgment of this court,” Justice Ekwo declared.(NAN)(www.nannewz.ng)

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Edited by Sadiya Hamza