The condemnation comes as men of the Nigeria Police Force from the Zone 2 Command, Lagos State arrested a journalist and publisher of News Platform, Precious Eze.
The publisher of the online newspaper was said to have been picked up by policemen at his Gbagada, Lagos home on May 27, 2024.
His arrest, according to a statement by the journalist’s colleagues, was allegedly instigated by a complaint from a prominent businessman and politician.
The statement added that Eze’s colleagues, under the umbrella of the Society of Digital Newspaper Owners of Nigeria, learnt of his arrest after one week he had been detained and attempts to secure his release on bail proved abortive.
Reacting to the latest case of journalist arrest, the President of the Nigeria Guild of Editors, Eze Anaba, called on the police authorities to desist from weaponising the Cybercrime Act.
He also described the detention of the Precious beyond 24 hours as unconstitutional.
Anaba said, “Journalists are now being terrorised by law enforcement agents using the Cybercrime Act. That is unconstitutional. The constitution says nobody should be detained for more than 24 hours. The police are increasingly violating this provision of the constitution.
“There are bigger issues for law enforcement agents to deal with in this country; they should leave journalists alone. For instance, in the Premium Times story, because the reporter called one of the guys involved to get his reaction, the guy quickly called the police and the police went ahead to call the reporter. What sort of nonsense is that?”
“The police are now using this Cybercrime Act to terrorise people and keep weaponising it to detain their enemies. That is not what democracy is all about. It is unacceptable.”
Also, a Senior Advocate of Nigeria, Chief Yomi Aliyu, condemned the journalist’s arrest and asked that his media house contact the Attorney General of the Federation, Mr Lateef Fagbemi (SAN), as soon as possible.
“The police duties are statutory but no matter what powers are given to police by the Police Act, it cannot deprive citizens of their fundamental human rights. What I am saying in essence is that the citizen’s fundamental human rights override the power of the police under any law.
“There is a right to freedom of expression and journalism is a right that is recognised throughout the world. They have a paramount duty to get the citizens informed of the government’s actions.
“They have the right to act as the fourth estate of the realm. They have the right to raise an alarm. They are like whistleblowers.”
Also speaking, another senior lawyer, Mr Afam Osigwe (SAN), said the police were abusing their statutory powers, stating that it should not be encouraged.
“It is an abuse of the investigative powers of the police, especially when there is a doubt if there is any such crime in our statute books.
“This should not be encouraged. The police should not use the so-called Cybercrime Act to clamp down or prevent journalists from doing their work. They have the right under the law to disseminate information.
“I also think that analysing or X-raying what journalists publish under the so-called law (Cybercrime Act) is arguable. There is everything wrong in that section (of the law) if it prevents journalists or public commentators from talking on a matter.”
According to Eze’s colleagues, the police arraigned him on Thursday, May 30, before the Ebute Meta Magistrate Court to secure a remand order, which resulted in a judicial rebuke of the police’s action as the magistrate struck out the case, deeming it without merit and affirming that Eze had no case to answer.
They claimed that rather than grant Eze’s immediate release, the police returned him to custody and re-arraigned him before another magistrate on Friday, May 31, with the case adjourned to a future date in June.
The statement read, “This sequence of events is not just a personal ordeal for Precious Eze but a glaring assault on press freedom in Nigeria. The actions of the police, acting seemingly under the influence of a powerful individual, represent a blatant attempt to intimidate and silence the press. This undermines the very foundations of a democratic society, where journalists must be able to report freely and hold those in power accountable without fear of retribution.
“The Nigerian Constitution (1999), the Evidence Act (2011), and the ethical codes of the Nigerian Press Council Act (1992) are clear in their support for journalistic freedom and the protection of sources. The prolonged detention and legal harassment of Precious Eze stand in stark contrast to these protections and serve as a chilling reminder of the vulnerabilities journalists face in Nigeria.
“As this case unfolds, it is imperative for the Nigerian judiciary to uphold the principle”.