Socio-Economic Rights and
Accountability Project, (SERAP) has demanded that the Governor of Oyo State,
Senator Abiola Ajimobi, rebuilds the demolished building of Fresh FM owned by
popular juju musician, Yinka Ayefele, or face national and international legal
actions.
This was made known in an open
letter by SERAP’s deputy director, Timothy Adewale on Tuesday requesting
Governor Ajimobi to immediately halt all further eviction and demolition of
Fresh FM building and to show full respect for the safety and dignity of
residents and owner of Fresh FM.
SERAP also urged Ajimobi to
ensure full and effective respect for the rights to freedom of expression and
media freedom in Oyo State.
The letter reads in part: “We
have information to suggest that the destruction of Fresh FM was based on
political considerations and retaliation against the radio station on purported
allegations of defamation against you.
“The facts suggest that the
demolition of Fresh FM building failed to comply with the principle of
lawfulness and reasonableness. The demolition was neither done in the public
interest nor carried out to achieve a legitimate aim.
“This apparently unlawful action
has set a bad precedent, and created a high level of uncertainty and anxiety
among many radio stations and other media organizations in Oyo State about the
future because of the likelihood of their buildings being demolished when they
are deemed to broadcast views which the Oyo State authorities may consider too
critical or ‘defamatory’.”
“By going ahead to demolish the
Fresh FM building despite being served with the court papers in the case filed
by the station, you implicitly obstructed access of the radio station and their
owners to appropriate forms of legal protection, contrary to the provisions of
the International Covenant on Economic, Social and Cultural Rights to which
Nigeria is a state party and which is legally binding on the government of Oyo
State.
“SERAP is seriously concerned
that the Oyo State authorities carried out the demolition of Fresh FM building
with wilful disregard for the dignity, health, and safety of residents and the
owner, who is a person with disabilities. The demolition of the radio station
has now exposed residents to the elements and the public to the risk of
complete collapse of the building.
“We urge Governor Abiola Ajimobi
to ensure full and effective respect for the rights to freedom of expression
and media freedom in Oyo State.
“We request that you take this
step within 7 days of the receipt and/or publication of this letter, failing
which SERAP will take national and international legal actions to compel your
government to act in the public interest and the overall interest of the rule
of law.
“Since your government’s action
in this case suggests serious disregard for the safety and welfare of the
residents of Fresh FM, the authorities’ conduct may have risen to a level of
severity so as to constitute inhuman and degrading treatment of residents and
owner, contrary to the provisions of the Nigerian Constitution 1999 (as
amended) and the International Covenant on Civil and Political Rights to which
Nigeria is a state party.
“Your government has reportedly
cut water, sewer, electricity, gas, and telephone lines to the radio station,
rendering it uninhabitable and incapable of discharging its constitutional
duties of informing the citizens and ensuring that government is both responsible
and accountable to the people.
“We contend that the action by
your government has no basis in our laws, which provide that no public
authorities must resort to self-help and carry out forced evictions and
demolitions without a properly obtained court order. Your government’s action
also violates Nigeria’s international human rights obligations, including its
obligations under the International Covenant on Economic, Social and Cultural
Rights to protect private property.
“Your government has responded to
the demolition of Fresh FM building on Sunday 19 August 2018, claiming that it
demolished the building worth over N800 million because your government was
‘carrying out its statutory role in the public interest. Your government
claimed it gave “ample opportunity for Fresh FM to regularise its building
plan”. Your government also claimed the demolition of the Fresh FM building was
not politically motivated.
“However, available facts reveal
that the demolition may have been influenced by political considerations, and
done in retaliation for alleged defamation by Fresh FM. SERAP has seen an audio
recording of you at the radio station in 2016 wherein you claimed to be under
pressure from some of the members of your cabinet to demolish Fresh FM building
on the ground that the radio station and its owner Mr Yinka did not support
your political ambition but that you resisted the pressure to demolish.
“SERAP has also seen a letter
dated 3rd July 2018 and signed by your Attorney General and Commissioner for
Justice Oluseun Abimbola wherein you alleged ‘libellous broadcast by Fresh FM
105.9.’ The letter claimed that during a programme “Political Circuit” on Fresh
FM on Saturday 30th June 2018, the radio station ‘falsely accused, maliciously
and wickedly misled the public and the entire world’ on your alleged interest
in a private company.’
“Assuming there was a legitimate
claim in defamation against Fresh FM, the proper venue for you and your
government would have been to seek legal redress in court and not to resort to
self-help in the form of arbitrary demolition of the radio station building.
“The UN General Assembly has
recognized the “fundamental obligation of governments (including that of Oyo
State) to protect and improve houses and neighbourhoods, rather than damage or
destroy them.
“Further, the Universal
Declaration of Human Rights, in Article 17 provides: ‘Everyone has the right to
own property alone as well as in association with others. No one shall be
arbitrarily deprived of his property.’ Similarly, the African Charter on Human
and Peoples’ Rights to which Nigeria is a state party provides in Article 14:
‘The right to property shall be guaranteed. It may only be encroached upon in
the interest of public need or in the general interest of the community and in
accordance with the provisions of appropriate laws.’”
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