The Nigerian Bar Association-Human Rights Institute (NBA-HRI) has received with grave concern the disturbing reports that a Magistrate Court sitting in Imo State has remanded a former Secretary of the NBA, Owerri branch for alleged Facebook posts said to be critical of the Governor of Imo State and the Nigeria Police Force.
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The Institute views this development as a direct affront to the rule of law, constitutionalism, and the sacred right to freedom of expression, as guaranteed under Section 39 of the 1999 Constitution (as amended), Article 9 of the African Charter on Human and Peoples’ Rights (Cap A9, LFN 2004), and Article 19 of the Universal Declaration of Human Rights.
It is both worrisome and unacceptable that the coercive powers of the State, through the instrumentality of the police and judiciary, would be deployed to stifle dissenting voices and punish lawful criticism.
A democracy cannot thrive where legitimate expressions of opinion are criminalized, nor where courts become tools for silencing citizens, particularly members of the Bar who are duty-bound to speak truth to power.
The NBA-HRI strongly condemns this abuse of judicial process. The remand order not only offends the spirit of our Constitution but also undermines public confidence in the impartiality of the justice system.
The courts must at all times remain citadels of liberty and justice, not instruments of intimidation.
Accordingly, the Institute calls for the immediate review and reversal of this unlawful remand, and, if the affected colleague is still in custody, his unconditional release without delay.
We also urge the National Judicial Council (NJC) to take due notice of this incident, as the abuse of judicial discretion in matters touching on fundamental rights strikes at the very heart of justice.
The NBA-HRI remains resolute in its mandate to defend the rule of law, promote human rights, and safeguard our democracy.
The Institute reiterates its unwavering commitment to ensuring that no Nigerian is persecuted for exercising constitutionally protected freedoms.
The NBA-HRI remains resolute in its mandate to defend the rule of law, promote human rights, and safeguard our democracy.
We remind all arms of government and their agents that the suppression of free speech is antithetical to democratic governance. The Institute shall not stand idle while the fundamental liberties of Nigerians are trampled.
The NBA-HRI therefore calls for the immediate intervention of the Chief Judge of Imo State, the Inspector General of Police, and the National Judicial Council to ensure that justice is not only done but is manifestly seen to be done in this matter.
The independence of the judiciary must be preserved, and the fundamental rights of Nigerians must never be sacrificed on the altar of political expediency.
Signed:
Sabastine Anyia, Esq.
Chairman NBA-HRI
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