Tina Amanda
The suit challenging the constitutionality of provisions of the criminal law that criminalizes people, press and media, and freedom of expression filed by Media Right Agenda, against the Attorney General of Rivers State, Commissioner of Police Rivers State, before Justice Elsie Thompson of Port Harcourt High Court has been fixed for hearing on 8 December, 2021.
The Applicants are seeking a declaration that the provisions of section 373 and 375 of the criminal code Law, Laws of Rivers State Nigeria is in violation of section 39 of the 1999 constitution as amended and article 9 of the African Charter on Human and people’s Right.
They are also seeking a declaration that the Defendants’ action in giving effect to the provisions of section 373 and 375 of the criminal code Law, Laws of Rivers State Nigeria to arrest, detain, harass, imprison or penalize the Applicants’ members, associates and indeed several other Nigerians is a violation of their rights.
Also sought was a perpetual injunction restraining the Defendants and their agencies from further giving effect to the provisions of the section 373 and 375 of the criminal code Law, Laws of Rivers State Nigeria.
The Applicants further sought a court order directing the Respondents to repeal or amend section 373 and 375 of the criminal code Law, Laws of Rivers State in provision of section 39 of the 1999 constitution and its obligations under the African Charter on Human and people’s Right.
In an interview with our correspondent, Kingdom Chukwuezi, Counsel representing the Applicants, Media Right Agenda, said that the particular defamation law has hindered the development of democracy, noting that the suit is ongoing simultaneously across the thirty six (36) states of Nigeria.
“That particular law has constituted an infraction because people can longer express themselves in a manner that they do freely so as not to be found wanting in the the area of defamation, even the media cannot report facts that are obvious, on the premise that when they do, they will be told they have crossed the line or committed defamation.
“It has hindered democracy in Nigeria. The essence of the suit is to contest it and find out whether the law called defamation, that criminalized expression is right in a constitutional democracy like Nigeria where the right to expression has been guaranteed by the constitution.”
