From Juliana Taiwo-Obalonye
Mojirayo Ogunlana is a human rights lawyer in Nigeria, known for her advocacy in media and gender rights. She is on a mission to establish a legal framework at national and regional levels to safegaude a free and open internet while upholding human rights. She champions strategic litigation in courts to challenge constraints on freedom of expression, association and coordinates advocacy campaigns to enforce these fundamental rights across West Africa, envisioning a thriving civic space for the region. Mojirayo is the principal partner of M.O.N. Legal, a law firm based in Abuja, and the founder of the DiGiCiViC Initiative, a non-governmental organization. She is a fellow of the Aspen Global Innovators Group, a fellow of Impact West Africa and the Internet Society Nigeria where she serves as a co-chair of the Legal and Digital Rights Working Group.
Mojirayo actively engages in litigation related to gender rights, sexual and gender-based violence, and gender discrimination and was part of the team that successfully prosecuted the six Abuja Raids cases against the agencies of government for rights violations against women. With over 12 years of legal practice, Mojirayo has committed the past eight years to defending the rights of journalists, primarily on a pro bono basis, before Nigerian courts and the West African regional ECOWAS Court and is known for prosecuting significant cases in the region such as the Amnesty International Togo case on Internet shutdown, the Twitter ban case and Guinea internet shutdown case in the Association des Blogueurs de Guinee (ABLOGUI) and Others v. State of Guinea. She was the main facilitator at a two-day training, recently for senior journalists on the legal framework to address sexual harassment in educational institutions in Nigeria, organised by Owerri-based feminist NGO, Alliances for Africa (AFA).
In this interview with Daily Sun, she spoke on why the media must be at the forefront of reporting sexual harassment in tertiary institutions and why owners must seek partnerships with relevant organizations to offer protection for journalists.
What motivated you to focus on sexual harassment issues within tertiary institutions in Nigeria?
My motivation really is basically the fact that I’m a gender rights advocate and I have always handled issues around gender. For instance, I have taken part in gender rights issues in the public interest in the past few years. Examples of such cases are the six Abuja rape cases we won at the Federal High Court, where the judge held that the six women were arrested and detained without cause, and the beating, molestation and dehumanizing treatment and detention they suffered from the police and other agencies such as the Abuja Environmental Protection Board (AEPB) were a violation of the applicants’ rights. I have always been particular about women and girls’ rights and I have always tried to put myself out there even without receiving payment for it. It is a passion for me and not about the financial gratification. I feel fulfilled when I serve others and service is what I have consistently done in the gender and digital rights field. For instance, based on my passion for women and girls’ rights in Nigeria, I have been volunteering with a nongovernmental organization (NGO) in Abuja called the International Federation of Women Lawyers (FIDA) Nigeria since 2014. I do it because I want to. Apart from that, I am also a woman and so when we have issues of sexual harassment in any sphere of our society, such as it is now a big issue happening in our higher institutions, we need to shed more light on it, talk more about it, encourage media to report on it so that it will help our society at large and save our children.
Do you believe that understanding national and legal frameworks can enhance media reporting on sexual harassment?
The media must get a full and comprehensive understanding of our legal frameworks in Nigeria. When you do, it will help you to make informed decisions when reporting on cases like sexual harassment. The knowledge of these laws would help you to know the angle from which you can write and assist you to know the appropriate laws to cite even in your writing. When you know the laws that can be used to prosecute an offender and include them in your report, people will want to read because they know you are talking from a place of knowledge. And even when you are talking to the survivor or the victim, the person will know that you really care about what you are talking about and not something you picked along the way and just want to write on.
Why is the recent training for senior journalists on the legal framework to address sexual harassment in educational institutions in Nigeria organised by Alliances For Africa (AFA) relevant for the media?
What Alliances For Africa is doing with regards to sexual harassment in tertiary institutions is important. They have understood that there’s a problem and it needs solution. And one of the solutions for sexual harassment in tertiary institutions is to have more stories coming out of those institutions. We need more reporting, data and statistics, we need everything to be in the public space so that it can help not only academics but help NGOs with the right data to operate with in finding a solution. For instance, you heard the part during the workshop where it was reported that following a meeting, the Academics Staff Union of Universities (ASUU) said there is no data on sexual harassment for them to work with and so they cannot do anything about the issue. I don’t agree though. I believe there are data, may not be in huge numbers because a lot of people have been silent for so long. I think the resolution should be the amplification of voices in this respect. This is where the media comes in. Imagine when the media that is now well informed, well trained, know the rights, definitions, and structures and starts reporting and amplifying the voices of victims/survivors. This will help the exponential growth of data and the good thing is that such reporting would be more beneficial to the people you dealing with, who want to trust you with their own stories.
Do you have specific cases where media coverage has positively or negatively impacted the handling of sexual harassment in these institutions?
For now, Prof. Cyril Ndifon’s case in the court and the media has covered it extensively. Whenever there’s an update you will see the media reporting on it. What this does is that it makes the court accountable to the people and keeps the case on the front burner for everybody to be aware of the developments. That way, the case remains etched on the memory of people. It is not swept under the carpet. Those keeping tabs will know when it started and the end result. This in turn encourages those who have been silent to come out and start talking.
What’s your impression as regards the engagement of those who participated in the workshop?
It was obvious that the participants came to learn. Nobody came with a boss mentality, and I love the fact that people were able to share their experiences and also brought some relevant information to the room which helped in transferring the knowledge of the two days training. For instance, we learnt about some of the things that have limited the media in covering sexual harassment cases. One of the things we learnt was the structure of the criminal justice system, we heard of threats to life of journalists who attempt to cover certain stories, and how government institutions and agencies in several instances these days, use the law to repress the media. So, these are things that are very important to hear so that when people are complaining about the media not covering sexual harassment issues, we can say also lend our voices to state that media also suffers repression as a result of the state of impunity in the country.
How can legal experts and journalists collaborate to improve the reportage of sexual harassment?
There’s no end to collaboration and there’s no problem in life that doesn’t need a multi-stakeholder approach. We all have to collaborate and do it in solidarity. Every issue which affects society today, needs all hands on deck and so it is important to always partner with the media.
What recommendations would you give to media organizations, especially the owners, to address these issues better?
For media owners, they need to do more when it comes to giving protection to their journalists. I know and understand that they are in a tough terrain but they need protect their journalists. They need to identify the appropriate organizations that will fund protection for journalists because those organizations exist. They should write to those organizations on partnership so there can be a structure on ground which a journalist can fall back on. This will boost their confidence and further them that in case of any eventuality, their organizations will back them up. I suggest media owners should be more deliberate with the way they give protection for journalists.
We have a woman as the Acting Chief Justice of Nigeria, how would this change the public perception that the judiciary is no longer the last hope of the common man?
In respect to this, all I can say is that we now have someone new at the helm of affairs. It is really a win for the women in the country that we have another woman at the top of the judiciary. We are hoping that she would address issues that have lingered on. In fact, I join other CSO groups to set an agenda for her with the hope that would take up the huge challenge of putting back the judiciary to a place of pride. We cannot know how that goes yet, so we are going to give her the opportunity to do what she can do. We can only hope for the best.
I once read that you are unhappy that a woman has never been the Attorney General of the Federation. Do you see that happening soon?
The use of unhappy is funny, though. I just believe there’s been a lot of inequality in the country. Whenever I stand in front of the wall of Attorney Generals of the Federation in the history of Nigeria, I don’t see women and that makes me sad actually. I can’t tell if there will be one soon, but I hope there will be one because I know we have a lot of women who can fill in the shoes excellently. One of such women is the present Solicitor General of the Federation. You should read more about her.
Have you ever been trained in the cause of your defense of the defenseless and what’s your advice to law enforcement agencies?
Yes, I have been trained. I always apply for the right kind of training that would help me do my job better. One great service you can do for yourself is to continue to learn. Self-development is very important. My advice to law enforcement agencies in Nigeria is simple; let there be the rule of law. In whatever you do, let the law prevail. Follow international human rights standards in dealing with offenders. Respect our constitution and obey court orders. You won’t know how impactful this would be to you until your family members become victims of the state of impunity you helped to encourage. It is in the best interest of you and everyone connected to you to serve the public interest and the rule of law rather than the rule of politicians
You seem to have a lot on your hands when it comes to legal representation of sexual harassment and journalists. How do you juggle all these hats you wear as a professional, mother, advocate and all?
As I mentioned earlier, the fuel is passion and I believe so much in this country. I know this country can be better, so I try not to be hopeless. Every single morning, there are new developments that confront and challenge this hope in the country, such as the state of impunity and issues surrounding the pitiable state of the rule of law, which unfortunately has extended to the judiciary that almost makes me want to abandon the little confidence but I keep encouraging myself. And I think one of the things that help me to do that is my faith in God. That’s the place of reset and recharge for me. I believe that God has given me grace for this assignment and I see it as an assignment that I have been empowered by God to do. I do it with that same passion and drive and there is no compromise. So every day, I encourage myself. I am hopeful again.
During the workshop, I told the participants that we must never get to the point where we are numb when we hear about the numerous and persistent cases of gender based violence. The temptation is there to stop being shocked and regard these issues as normal and the everyday thing, but we must be careful and not allow it. Every single story of gender based violence should shock us, make us angry and spring us into action. I understand we have to balance our lives and financial responsibilities while at it, but we must never stop giving attention to these stories and issues and we must try to always find strength to be there for those who need us to tell their stories, to go to Court and prosecute their attackers, and help them to find some form of closure. That I believe is a fulfilling life and makes it all worth it to count for something other than living a ordinarily, normal life.