Nigeria Ordered to Compensate Journalist for Rights Violation
The ECOWAS Regional Court of Justice has mandated the Federal Republic of Nigeria to pay journalist Jade Oyekunle N10 million in damages for infringing upon his fundamental rights during the #EndBadGovernanceInNigeria protests in Abuja.
In its ruling, identified as Case No. ECW/CCJ/APP/29/25, the court held Nigeria accountable for violating Oyekunle’s rights to freedom of expression, personal liberty, human dignity, and property. This ruling stemmed from an incident in which he was assaulted, arrested, and detained by police while fulfilling his journalistic duties.
The case was brought forth by Lawyers Without Borders (ASF France) as part of the European Union-funded eRIGHTS initiative, which advocates for human rights protection in the digital realm.
Oyekunle, a reporter for The Independent and former president of the FCT Correspondents Chapel of the Nigeria Union of Journalists (NUJ), was covering the nationwide protests at Eagle Square in Abuja on August 1, 2024, when he was allegedly targeted by armed police officers.
According to court filings, the officers, acting under the orders of Benes Igwe, then Commissioner of Police for the Federal Capital Territory, not only assaulted Oyekunle but also damaged his equipment and confiscated his mobile devices before detaining him.
The district court found that the police’s actions constituted an unlawful interference with Oyekunle’s journalistic activities, thereby representing a direct assault on press freedom.
The judges concurred with arguments made by Oyekunle’s attorney, Collins I. Maidow-Annen, asserting that the detention and confiscation of equipment were excessive, unjustified, and at odds with international human rights norms.
In its ruling, the court determined that restricting Oyekunle from reporting on the protests violated his right to freedom of expression, as enshrined in Article 9 of the African Charter of Human Rights. Furthermore, the court found that the assaults and restrictions contravened Articles 5 and 6 of the Charter, which safeguard personal dignity, liberty, and freedom from degrading treatment. Additionally, the confiscation of mobile phones was deemed a violation of property rights under Article 14.
The judges dismissed Nigeria’s justifications for the actions of its security personnel, ruling that the measures employed against Oyekunle did not conform to internationally recognized principles of necessity and proportionality. Consequently, the court awarded him N10 million in general damages.
In response to the judgment, ASF France’s Country Director, Angela Uwandu Uzoma-Iwuchukwu, emphasized its significance as a landmark achievement in protecting media freedom and digital rights throughout West Africa. She affirmed that the ruling reinforces that journalists’ digital tools are essential to their work and should not be arbitrarily seized by state authorities.
Uwandu Uzoma-Iwuchukwu added that this decision strengthens the existing legal framework shielding journalists and human rights advocates who document public events. ASF France will continue to monitor the compliance with the ruling and offer legal support to journalists facing similar violations. She pointed out that this judgment bolsters the legal safeguards for journalism in the digital era and issues a clear warning to security agencies that they will be held accountable for targeting media personnel during protests.
Officials anticipate that this ruling will have broad implications for press freedom and civil rights within the ECOWAS region, where journalists and human rights defenders face increasing risks while covering public demonstrations and matters of public concern. Furthermore, this ruling contributes to a series of judicial decisions aimed at enhancing freedom of expression and reinforcing the accountability of state institutions.
Reacting to the verdict, Oyekunle stated that the ruling transcends his personal experience and signifies a victory for all journalists and citizens who uphold democratic principles. He expressed gratitude to the Nigerian Union of Journalists, the FCT Council of Unions, ASF France, and numerous supporters for their steadfast backing throughout the legal process.
This ruling is expected to galvanize advocacy efforts aimed at safeguarding journalists from harassment and ensuring that media workers can execute their constitutional duties without facing intimidation or unlawful interference.
