EDITORIAL: The glaring assault on press freedom

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PRISON, JAIL

The growing trend of journalist abductions in a democratic government under the guise of law enforcement is causing grave concern among the public, particularly media practitioners, who face heightened fears for their safety while carrying out their duties.

The apprehension extends to the families and friends of journalists, who are increasingly alarmed about the safety and freedom of their loved ones.

From the abduction of FirstNews Editor, Segun Olatunji, from his residence in Lagos on March 15, by military troops, to the recent distressing incident involving Daniel Ojukwu of the Foundation for Investigative Journalism, who was captured by the police on the streets of Lagos, media professionals now find themselves in a peril reminiscent of Nigeria’s dreaded era of military dictatorship.

The police in Nigeria have continued the harassment of journalists using the Cybercrime Act.

It is disturbing that journalists are now being terrorized by law enforcement agents using the Cybercrime Act.

Last week, it was reported that 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.

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.

The police arraigned him on Thursday, May 30, before the Ebute Metta 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.

However, his colleagues 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.

In a similar case, the police have insisted that a Premium Times journalist, Emmanuel Agbo, must appear for interrogation over a story he is working on and has yet to publish.

The Intelligence Response Team of the Nigeria Police Force in Abuja had on Monday, June 3, 2024 summoned Agbo to appear on Wednesday, June 5, 2024.

A lawyer from Premium Times legal team kept the police appointment on behalf of Agbo at the IRT office in Guzape, Abuja, on Wednesday.

During Wednesday’s visit to the IRT office, the lawyer met with the police officer in charge of the case, Ezemba Ezekiel, who insisted that Agbo must personally appear.

“It is disturbing that the police are now using this Cybercrime Act to terrorize journalists and keep weaponising it to detain their enemies.”

The policeman did not give any particular date for the appointment, but said Agbo must appear at his convenient time to disclose the details and sources of documents he is using for his planned report on a land dispute involving an estate developer, Homadils Realty Limited.

The invitation of Agbo by the police is another ridiculous criminalization of journalism.

Agbo’s only mistake was doing what the ethics of journalism calls for – seeking to be fair to all parties by asking for the reactions to allegations thrown up in a dispute which is the focus of his yet-to-be-published story.

It is disturbing that the police are now using this Cybercrime Act to terrorize journalists and keep weaponising it to detain their enemies.

This is not acceptable because it is not what democracy is all about.

There are bigger issues for law enforcement agents to deal with in this country; they should leave journalists alone.

Although the police duties are statutory, no matter what powers are given to police by the Police of Cybercrime Acts, it cannot deprive citizens of their fundamental human rights.

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.

Journalists 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.

What is in vogue now is that the police are abusing their statutory powers and 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.

There is everything wrong in that section of the Cybercrime Act if it prevents journalists or public commentators from talking on a matter.

This sequence of events is not just a personal ordeal for Precious Eze and Emmanuel Agbo, 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.