Court Awards N30m To Journalist Who Reported ‘N500m Diversion’ By Cross River Gov – SERAP

The ECOWAS Community Court of Justice, on Friday, awarded N30 million to journalist Agba Jalingo, who was tortured for publishing a story alleging diversion of N500 million public funds by the Cross-River State government.

The Socio-Economic Rights and Accountability Project (SERAP), which instituted the suit, stated that the judgement was delivered in its favour by a panel of three judges of the court led by Justice Edward Amoako Asante.

The federal and Cross River State governments were defendants in the suit but the court removed the latter because it is not a signatory to the ECOWAS Revised Treaty.

According to SERAP’s lawyer, Mr. Kolawale Oluwadare, Jalingo wrote and published an editorial article which had claimed that the state government diverted monies meant for the establishment of a microfinance bank.

Oluwadare held that because of the said report, the journalist was apprehended by security operatives and was unlawfully detained for 34 days before his arraignment in court on 31st August 2019 on charges bordering on treason and terrorism.

The court was informed that Jalingo spent about 179 days in detention before he was granted bail.

SERAP sought, “an order directing the Defendants to immediately drop all charges against Mr. Jalingo his unconditional release from prison as well as an order directing the Defendants and/or their agents in Nigeria to provide effective remedies and reparation, including adequate compensation, restitution, satisfaction or guarantees of non-repetition that the Court may deem fit for his unfair prosecution by the Respondent.”

But FG’s counsel, Chijioke Amadi, said the journalist was already being prosecuted at a domestic court on those criminal allegations stated by SERAP.

He argued that the ECOWAS Court ought to dismiss the case because his trial was ongoing.

On its part, the court held that the defendants could not provide sufficient answer as to why it unlawfully detained and assaulted the journalist.

“Agba Jalingo was arrested and chained to a deep freezer for about 34 days without being charged to court, brutalized and dehumanized. This action taken on Jalingo’s behalf by SERAP seeks from this court reparation for inhuman treatment and torture meted out to him. We have looked at the evidence before us. There was no answer as to the facts that Jalingo was arrested and illegally detained, brutalized and dehumanized.

“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 for these acts, and hereby award compensation of N30m to Mr Jalingo for violations of his human rights. The Nigerian government must comply with the order of the court within three months, and file a process to this court to this effect,” the panel said as quoted by SERAP.