Lawyers raise concern over increasing violation of human rights by Tinubu admin, contradicting his pledge
By Jeph Ajobaju, Chief Copy Editor
Lawyers have condemned the arrest and detention of journalist Daniel Ojukwu by the police in gestapo manner that reeks more of abduction as the police waited for days to confirm he is in their custody after outcry over his sudden disappearance.
Ojukwu went missing in Lagos on May 1.
It took Police (Headquarters) Public Relations Officer (PPRO), Muyiwa Adejobi, four days later on May 5 to confirm on Channels Television that police arrested the man over “two or three weighty allegations” against Foundation for Investigative Journalism (FIJ) and its founder Fisayo Soyombo.
FIJ, for which Ojukwu works, muckrakes underhand dealings by public officials and has applied the same rigour to people in the Bola Tinubu administration by revealing their deceit and corruption, including recent exposure of alleged smuggling and treasury looting.
Ojukwu went missing about four weeks after the military authorities released from detention, First News Editor Segun Olatunji, whom soldiers abducted from his home in Lagos on March 15.
Olatunji was detained and tortured in an underground cell in Abuja for two weeks, and combined with the case of Ojukwu, Tinubu is confirming the allegation of critics that he is abusing democracy by running an autocratic government.
When Adejobi was asked on Channels Television whether the police have declared Soyombo wanted, he said: “I sought a clarification from the CP [Commissioner of Police]. He told me no, but definitely they are going to invite him because these are weighty allegations concerning certain publications that his platform did.”
He added: “It has been confirmed that the journalist, Daniel Ojukwu, was arrested by the Nigeria Police National Cybercrime Centre, Abuja, based on a petition filed against him.
“It’s a case of violation of the Cybercrime Prohibition Act 2015 and other extant laws of the land. He has a case to answer. This was confirmed to me on Sunday by the CP and head of the centre. The FHQ [Police Force Headquarters] will address this matter as soon as possible to clear the gray areas.”
But lawyers and other human rights activists have faulted the police over Ojukwu’s arrest, as collated below:
Clement Osuya (World United Consumer Organisaton President)
“It is alarming that Ojukwu’s family was not informed about his whereabouts until several days after his arrest. Furthermore, he was held incommunicado without access to legal representation.
“These events clearly violate press freedom and raise serious concerns about police conduct in Nigeria. It is particularly concerning that these events coincide with World Press Freedom Day.
“The arrest and detention of Ojukwu have ignited grave concerns about press freedom in Nigeria. It is evident that cyber crimes legislation is being misused to suppress media freedom and harass journalists.
“These draconian acts underscore the imminent threat to press freedom and the public’s right to information.
“The incident also brings to light broader concerns about the abuse of power, violations of fundamental human rights, and an assault on press freedom, underscoring the urgent need for safeguarding press freedom and democratic values.
“I vehemently condemn the arrest and detention of journalist Ojukwu. This is an outrageous threat to press freedom and democracy, and I demand the immediate release of Ojukwu.
“It is imperative that we uphold the rights of journalists to carry out their work without any fear of intimidation or persecution.
“I cannot stress enough the gravity of this situation, and I urge everyone to defend journalists’ rights, protect the integrity of the media, and uphold democratic principles in Nigeria.”
Inibehe Efiong (human rights lawyer)
“It is disgraceful that the Force PRO has been alluding to a law that no longer exist in Nigeria.
“The provisions of the infamous Section 24 of the Cybercrimes (Prevention and Prohibition) Act, 2015 that the police has been using to harass Nigerians has been repealed by the National Assembly and replaced with a radically different and new provision.
“The amended Act was assented to by President (Bola) Tinubu in February 2024. Under the new Act, posts which are injurious to a person’s reputation is no longer a crime.
“The new Act limits the offence of cyberstalking to messages sent by means of a computer which are: (a) pornographic; (b) a threat to the life of another; or (c) likely to lead to a breakdown of law and order.
“In this specific case, the post made by this individual is neither pornographic, life threatening nor capable of leading to a breakdown of law and order.
“By virtue of Section 36(12) of the 1999 Constitution, an act or omission is only an offence if it so defined expressly in a written law. Nigerians should ignore the Force PRO.
“Calling someone a criminal is not a crime under the new Section 24 of the Cybercrimes Act (as amended).
“Insult is not a crime under the Act.
“Rather than focus of ways of salvaging the bastardized image of the police, the Force PRO is constantly ruining the image of the police further with his lack of professionalism and disdain for the rights of citizens.”
Chukwuma Nwachukwu (human rights activist)
“[This is] another low and an abysmal degeneration of citizens’ rights by officials of law enforcement.
“By the combined effects and community reading of Sections 34, 35 and 41 of the 1999 Constitution of the Federal Republic of Nigeria (“1999 CFRN”), the rights to dignity of the person, personal liberty and freedom of movement of the citizen is protected and guaranteed.
“These rights effectively connote that no one shall be arbitrarily arrested. Thus anyone arrested shall be brought before a court of competent jurisdiction within a reasonable time, otherwise such detention is unlawful; and in any case, where a person is lawfully detained, it shall be under humane conditions.
“It is very appalling that despite these constitutional safeguards, Nigerians continue to be detained in various detention centres beyond the periods allowed by the Constitution without an order of court and in less than human conditions.
“It is therefore pertinent to state that unlawful detention is one of the evils militating against due process and the administration of the criminal justice sector in Nigeria.
“By hiding away and torturing citizen Ojukwu without availing him access to his family, friends and even legal representative is a grave infringement on his dignity.
“Section 34(1) of the 1999 CFRN provides that every individual is entitled to respect for the dignity of his person, and accordingly no person shall be subjected to torture or to inhuman or degrading treatment; no person shall be held in slavery or servitude and no one shall be required to perform forced labour.
“Any person who is unlawfully arrested or detained contrary to what these sections contemplate is entitled to compensation and a public apology from the appropriate authority or person.
“These remedies are mutually inclusive once it has been established that a person’s detention is unlawful.
“In such an event, even if no specific amount is claimed as compensation for the unlawful arrest or detention, the court is duty-bound to award commensurate compensation, as was held in Jim-Jaja v Commissioner of Police, Rivers State,”
Tinubu admin talks of press freedom but is arresting journalists
Information and National Orientation Minister Mohammed Idris disclosed on May 5 that his ministry is working to resolve the issues around the detention of Ojukwu.
He made the disclosure at the Nigerian Union of Journalists (NUJ) Press Freedom and Good Governance Awards in Abuja, where he stressed the Tinubu administration is determined to ensure that the work of journalists “will continue unhindered and interrupted.”
Said Idris: “I made a solemn pledge on the first day of assumption of duty that this indeed would be one the best times for media practitioners in this country because we would say it exactly as it is for you to report. Press freedom is very important to uphold.
“But I keep telling us also, reminding us that your freedom also has to go with enormous responsibility. You cannot allow purveyors of disinformation and fake news to occupy your space.
“I know that we have had some challenges, especially in the last couple of weeks concerning one journalist who has had some problems with the security agencies.
“That problem has been solved or is being solved. I’m being reminded by someone today that there’s another one. We are also working to ensure that one is also resolved.
“I am glad to report that UNESCO is coming up with a guide that would help all of us, especially practitioners in the social media to see that their work is done in a way and manner that is factual, honest, transparent, patriotic and also accountable to all Nigerians.
“My message here today is that much as the government is trying to ensure we have an enabling environment for all of you to practice this profession freely and unhindered, the responsibility is incumbent on all of us to also ensure that whatever we say, write and project is also truthful in the interest of our country.
“The Nigerian press will continue to be free. Their work will continue unhindered and interrupted. The message that President Bola Ahmed Tinubu has given you right from the time I was appointed as Minister is that he is also a product of free press and therefore he would not allow during his tenure for free press to be trampled upon.”
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