Nigeria ordered to pay N10m for assault, detention of Journalist Oyekunle

The ECOWAS Community Court of Justice has awarded N10 million in general damages against the Federal Republic of Nigeria for the physical assault, unlawful arrest, and seizure of property belonging to journalist Jide Oyekunle.

The judgment was delivered in Suit No. ECW/CCJ/APP/29/25 following a case filed by Avocats Sans Frontières France (Lawyers Without Borders France) under its eRIGHTS project, which is supported by the European Union and focuses on protecting human rights in the digital space.

Oyekunle, a reporter with Independent Newspaper and secretary of the Nigeria Union of Journalists (NUJ), FCT Council, was assaulted and unlawfully detained while covering the #EndBadGovernanceInNigeria protests at Eagle Square, Abuja, on August 1, 2024.

According to the case, armed police officers acting on the directive of former FCT Commissioner of Police, Benneth Igweh, assaulted the journalist, damaged his camera, and seized his mobile phone during the protest coverage.

The Court agreed with Counsel to the applicant, Collins I. Maidoh-Anene, Esq., that the Nigerian police’s detention of the journalist and seizure of his mobile phone were excessive, unjustified, and in violation of international law.

The ECOWAS Court subsequently found the Federal Republic of Nigeria liable for violating the applicant’s rights to freedom of expression, personal liberty, dignity, and property under the African Charter.

The Court therefore ordered the Nigerian government to pay Mr Oyekunle the sum of N10 million in general damages.

The court found that Nigeria’s actions suppressed his live coverage, thereby breaching his right to freedom of expression under Article 9 of the African Charter.

It also ruled that the assault and detention violated his rights to personal liberty, human dignity, and freedom from degrading treatment under Articles 6 and 5, while the temporary seizure of his phone violated his right to property under Article 14.

The Court further held that Nigeria’s justification failed the test of necessity under international law, making the conduct of the security forces excessive and unlawful.

In a statement signed by the country director of Avocats Sans Frontières France, Angela Uwandu Uzoma-Iwuchukwu, on Tuesday, said the judgment sends a clear message that a journalist’s digital tools are extensions of the modern press and newsroom and that their arbitrary confiscation by security forces constitutes a direct assault on the public’s right to know.

According to Angela, “The court’s pronouncement adds to the growing jurisprudence from the regional court protecting journalists and human rights defenders who document protests and public interest events.

“ASF France will continue to monitor compliance with the judgment and provide legal aid to journalists facing similar violations.

“For Avocats Sans Frontières France and the eRIGHTS project partners, this ruling strengthens legal protections for journalism in the digital age. It shields reporters from tech-based censorship and intimidation, puts security agencies on notice that targeting media practitioners during protests will attract accountability, and reaffirms the ECOWAS Court as a vital shield for civic space in the region.”

Jide Oyekunle, while reacting to the landmark judgment, described it as a significant affirmation that journalists have the right to carry out their constitutional duties without intimidation, harassment, or attack.

He stated that democracy cannot thrive where journalists are attacked for documenting events or where citizens are punished for exercising their lawful rights.

He said, “The decision of the ECOWAS Court is not only about me; it is about every journalist, media worker, and Nigerian citizen who believes in the right to freedom of expression, access to information, and peaceful civic participation.

“This judgment sends a clear message that security agencies and government institutions must be held accountable when they violate fundamental rights.

“Because if democracy is all about good governance, accountability, and transparency, then press freedom should not be curtailed, denied, or restricted.”

Oyekunle appreciated everyone who stood by him throughout the journey, including the Nigeria Union of Journalists FCT Council, Avocats Sans Frontières France, colleagues and rights advocates, and all Nigerians who continue to defend press freedom and democratic values.

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