The prosecution of a Christian journalist exemplifies eroding press freedom and inequality before the law of different religious communities in Nigeria's Kaduna State.
Christian Solidarity Worldwide (CSW) is concerned at the remanding in custody of a Christian journalist for publishing an incorrect story. His case is an example of eroding press freedom and indicates an inequality before the law of different religious communities in Nigeria’s Kaduna State.
On 12 July, a Kaduna State High Court imprisoned journalist Luka Binniyat on remand for writing a story about an attack by armed Fulani herdsmen in southern Kaduna that later proved incorrect. He was jailed despite his efforts to have the story withdrawn prior to publication. The publisher and his employer, Vanguard Newspaper, has not been penalised. In contrast, Muslim pressure groups that have circulated incorrect or inciting information have not been prosecuted.
During the court hearing on 12 June, Mr Binniyat, who is on crutches and medication following a car accident, entered a plea of not guilty. He has been remanded in custody and the case has been adjourned until 20 July. In a strongly-worded statement issued on 14 June, the Nigerian Union of Journalists denounced the arrest of Mr Binniyat and the harassment of three other journalists as part of an effort by the Kaduna State government to “cage the media and muffle freedom of expression.”
CSW’s Chief Executive Mervyn Thomas said, “The decision to prosecute Mr Binniyat and remand him in custody in his current physical condition is excessive, particularly given his efforts to pull the offending story prior to publication. We are concerned at the uneven application of the law. Mr Binniyat, a Christian, has been penalised for this offence while Muslims who have committed similar offences have not been questioned, detained or prosecuted. Such selective prosecutions not only undermine the rule of law, but also erode confidence in a state government that has yet to address the violence in southern Kaduna effectively, or to assist those displaced by the attacks.”
Luka Binniyat is charged with ‘incitement’ and ‘injurious falsehood’ under sections 114 and 393 of the Penal Code Laws of the State of Kaduna (1991) respectively. He had earlier been brought before a Magistrate Court on the same charges. The indictment stems from a story written by Mr Binniyat and published by Vanguard on 22 January 2017, detailing the alleged killings by Fulani herdsmen of five students from the College of Education Gidan-Waya. Upon discovering he had been misled by his source, Mr Binniyat made several attempts to contact the paper’s editor, and eventually sent a text message insisting the story should be pulled; however, the newspaper went on to publish the story.
For over a year, southern Kaduna State has suffered attacks by Fulani militia in four of its eight Local Government Areas (LGAs). At least 800 people were killed in 2016, and attacks have continued in 2017. While no perpetrators have been apprehended or punished so far, Christian leaders, journalists and activists who have drawn attention to events in the area have been accused of ‘hate speech’ or ‘incitement’.
On 28 January, Governor el Rufai of Kaduna State warned of dire consequences for anyone deemed to have reported a false story. Nevertheless, no action has been taken against Alhaji Haruna Osman, chair of the Kaduna State chapter of the Fulani lobby group the Miyetti Allah Cattle Breeders' Association, for an infraction similar to the one allegedly committed by Mr Binniyat. In a text to journalists dated 21 March, Alhaji Osman allegedly stated that 17 herdsmen had been killed and around 47 houses burned down in a village in Jama’a LGA on 20 March. However, on the 29 March, the Army reportedly issued a statement declaring this to be false.
In addition, individuals behind the 6 June “Kaduna Declaration”, a document signed by 19 Muslim youth groups that denigrated the Igbo people group and gave members of this tribe until 1 October to leave ‘the North’ or face ‘visible actions’, remain at large, despite an order issued by Governor el Rufai for their immediate arrest.
Mr Binniyat was remanded in custody the day before a visit to the area by the former British prime minister, Tony Blair, who pledged that his organisation would “assist Kaduna State in terms of technical assistance and other supports to enable it deliver democratic dividends to its people especially in the areas of investments, basic education, healthcare and agriculture.”
Mervyn Thomas added, “We urge the Government of Kaduna State to respect freedom of expression, to end these seemingly malicious prosecutions and to prioritise tracing, disarming and prosecuting the killers; compensating and caring for survivors, and restoring occupied lands to their rightful owners. In addition, as the Tony Blair Institute for Global Change works with the state government to deliver democratic dividends, we urge it to also assist in addressing the challenges to rule of law posed by these arrests and prosecutions, encouraging respect for press freedom and advocating for protection and justice for targeted communities in southern Kaduna.”