Femi Falana, human rights
lawyer, says the detention of Tony Ezimakor, Abuja bureau chief of
Daily Independent newspaper by the Department of State Services
(DSS) is a reminder of how the Muhammadu Buhari military regime
jailed two journalists.
DSS had invited Ezimakor to its headquarters in Abuja after a
report detailing how the federal government allegedly paid Boko
Haram millions of dollars to secure the release of 82 Chibok
girls.
He honoured the invitation on Wednesday and has
been in detention since then.
Dan Okore, editor of the newspaper, had disclosed that the
secret police said unless the journalist reveals the
identity of those who provided the information he used in the
story, he would not be released.
Daily Independent had asked DSS to charge Ezimakor to court but
the agency refused.
In a statement on Tuesday, Falana said DSS has no right to force
a journalist to disclose the source of a story he wrote.
“The Abuja bureau chief of the Independent Newspaper was
arrested last week by the State Security Service for publishing a
story on the alleged payment of $2 million to the Boko Haram
terrorists for the release of some of the abducted Chibok girls,”
Falana said.
“Apparently embarrassed by the publication Mr. Ezimakor has
been held incommunicado by the State Security Service. As a
condition for his release from the illegal custody of the State
Security Service, Mr. Ezimakor has been asked to disclose his
source of information.
“The harassment of Mr Ezimakor is a sad reminder of the case
of Messrs Tunde Thompson and Nduka Irabor who tried, convicted and
were jailed by the Buhari/Idiagbon junta in 1984 over their refusal
to disclose their source of information pertaining to a story
published in The Guardian newspaper.
“Regrettably, the State Security Service is yet to
appreciate that a journalist cannot be forced to disclose his
source of information under the current democratic dispensation. It
is high time the attention of the State Security Service was drawn
to Section 35(2) of the constitution which provides that “any
person who is arrested or detained shall have the right to remain
silent or avoid answering any question until after consultation
with a legal practitioner or any other person of his own
choice”.
“Since Mr. Ezimakor is constitutionally entitled to “remain
silent” the State Security Services lacks the power to subject him
to disclose the source of his information.”
Condemning the action of the DSS, Falana asked the agency to
release Ezimakor and apologise to him.
The lawyer said the journalist has not committed any
offence.
“Therefore, by arresting and detaining Mr. Ezimakor for the
purpose of compelling him to disclose the source of a story written
by him and published by the Independent newspaper the State
Security Services has acted malafide, illegally and
unconstitutionally,” he said.
“As Mr. Ezimakor has not committed any offence known to law
the State Security Services should release him unconditionally and
publicly apologize to him in line with the requirement of section
35(6) of the 1999 Constitution of Nigerian as amended.”
Femi Falana, human rights
lawyer, says the detention of Tony Ezimakor, Abuja bureau chief of
Daily Independent newspaper by the Department of State Services
(DSS) is a reminder of how the Muhammadu Buhari military regime
jailed two journalists.
DSS had invited Ezimakor to its headquarters in Abuja after a
report detailing how the federal government allegedly paid Boko
Haram millions of dollars to secure the release of 82 Chibok
girls.
He honoured the invitation on Wednesday and has
been in detention since then.
Dan Okore, editor of the newspaper, had disclosed that the
secret police said unless the journalist reveals the
identity of those who provided the information he used in the
story, he would not be released.
Daily Independent had asked DSS to charge Ezimakor to court but
the agency refused.
In a statement on Tuesday, Falana said DSS has no right to force
a journalist to disclose the source of a story he wrote.
“The Abuja bureau chief of the Independent Newspaper was
arrested last week by the State Security Service for publishing a
story on the alleged payment of $2 million to the Boko Haram
terrorists for the release of some of the abducted Chibok girls,”
Falana said.
“Apparently embarrassed by the publication Mr. Ezimakor has
been held incommunicado by the State Security Service. As a
condition for his release from the illegal custody of the State
Security Service, Mr. Ezimakor has been asked to disclose his
source of information.
“The harassment of Mr Ezimakor is a sad reminder of the case
of Messrs Tunde Thompson and Nduka Irabor who tried, convicted and
were jailed by the Buhari/Idiagbon junta in 1984 over their refusal
to disclose their source of information pertaining to a story
published in The Guardian newspaper.
“Regrettably, the State Security Service is yet to
appreciate that a journalist cannot be forced to disclose his
source of information under the current democratic dispensation. It
is high time the attention of the State Security Service was drawn
to Section 35(2) of the constitution which provides that “any
person who is arrested or detained shall have the right to remain
silent or avoid answering any question until after consultation
with a legal practitioner or any other person of his own
choice”.
“Since Mr. Ezimakor is constitutionally entitled to “remain
silent” the State Security Services lacks the power to subject him
to disclose the source of his information.”
Condemning the action of the DSS, Falana asked the agency to
release Ezimakor and apologise to him.
The lawyer said the journalist has not committed any
offence.
“Therefore, by arresting and detaining Mr. Ezimakor for the
purpose of compelling him to disclose the source of a story written
by him and published by the Independent newspaper the State
Security Services has acted malafide, illegally and
unconstitutionally,” he said.
“As Mr. Ezimakor has not committed any offence known to law
the State Security Services should release him unconditionally and
publicly apologize to him in line with the requirement of section
35(6) of the 1999 Constitution of Nigerian as amended.”
Read more https://nairalaw.com/dss-reminding-us-of-how-buharis-military-regime-jailed-journalists-falana-san/