Ezenekwe’s arrest: Police must respect citizen’s rights, act within the law — CLO

 The Civil Liberties Organisation (CLO) has reacted to the arrest and detention, on Tuesday July 5, 2022, of a media practitioner and publisher of 247UREPORTS, Ikenna Ellis Ezenekwe by the Police.

Ezenekwe was allegedly arrested on the strength of a petition by the former Chief of Staff to ex-Governor Willie Obiano, Mr. Primus Odili, with CLO calling on the Police to respect citizen’s right and act within the ambit of the law.

In a statement in Awka, Anambra State on July 7, 2022, and signed by the Chairman, CLO Southeast Zone, Comrade Aloysius Attah, the human rights organization said Ezenekwe was taken away in ‘commando style’ by some plain clothed policemen who refused to disclose to him reasons behind his arrest before taking him to the Police Headquarters at Louis Edet House, Area II, Abuja.

It was after his transfer to Maitama Police Station that he was informed there was a petition against him from Chief Odili over what was referred to as a ‘libelous’ publication Ezenekwe wrote and published on May 13, 2022.

Part of the statement reads: “The Civil Liberties Organisation, Nigeria’s foremost human rights and civil society organization, Southeast Zone, calls on the personnel of the Nigerian Police Force to ensure utmost respect for the citizen’s rights, stickler for professionalism and take actions within the ambit of the law regarding the arrest and detention of Citizen Ikenna Ellis Ezenekwe.

“Ezenekwe, Anambra-born journalist and publisher of 247UREPORTS (www.247ureports.com) was reportedly arrested by the Police in Abuja on Tuesday  05/07/2022, at the instance of the former Chief of Staff to ex-Governor Willie Obiano, Mr. Primus Odili.

“Details already in the public domain stated that the media practitioner was whisked away in a commando style by some plain clothed Policemen who refused to disclose to him, reasons behind his arrest before taking him to the Police headquarters at Louis Edet House, Area II, Abuja.

“He was  later transferred to Maitama Police Station, Abuja where he spent the night after he was then informed of a petition against him from Chief Primus Odili over  a ‘libelous’ publication, he (Ezenekwe) wrote and published on 13th May, this year.”

Continuing, the statement added: “The story also making the rounds said Ezenekwe is being forced by the Police on (Odili’s instruction) to disclose his sources of information and also mention the names of the people behind the story he wrote or else he will continue to remain in detention.

“It was also reported that Ezenekwe has been sick before his arrest while he has been denied access to his medication and has been reportedly subjected to torture, intimidation and torment.”

The CLO warned that the Police, in this instance, should resist the temptation of becoming the accuser, the prosecutor and the judge, as no professional media practitioner can be compelled to divulge his source of information.

Quoting section 36(5) of the 1999 Constitution (as amended), the group reminded the Police that the law presumes Ezenekwe to be innocent of all accusations unless and until proven otherwise by a competent court of jurisdiction and other laws which explain the rights of individuals in custody which include unrestrained access to his medication and his lawyers, granting him bail promptly, treating the detainee in a humane and dignified manner and no ‘justification for torture or other cruel, inhuman or degrading treatment or punishment  while the Police continue their ‘investigation with a resort to the law courts for adjudication, if need be.

“While the CLO will not delve into the impropriety or otherwise of Ezenekwe’s conduct in his media practice or in the said ‘libelous’ publication,” the statement continued, “we call on the Police to resist the temptation of becoming the accuser, the prosecutor and the judge in this matter.

“No journalist worth his onions can be forced to disclose his source of information and by the provisions of the law, Ezenekwe remains innocent of all accusations leveled against him until proven otherwise.

“The presumption of innocence is a constitutional right of every person as provided in section 36(5) of the 1999 Constitution (as amended). If there are prima facie evidences against Ezenekwe before the Police, the law enforcement agents should not engage in trial by ordeal or resort to self help in order to impress whoever briefed them.

“The right of detainees while in custody must be maintained to the maximum by the Police and the Police is mandated by law to not only give Ezenekwe unfettered access to his medication and his lawyers, but also ensure that they release him on bail timeously and continue their investigation with a resort to the law courts for adjudication, if need be.

“Apart from the specific provisions of the 1999 Constitution of the Federal Republic of Nigeria as amended, there are  the  Universal Instruments of the law as enshrined in  Universal Declaration of Human Rights, 1948,  the International Covenant on Civil and Political Rights, 1966, the Body of Principles for the Protection of All Persons under Any Form of Detention or Imprisonment, 1988 and The African Charter on Human and Peoples’ Rights, 1981 which Nigeria is a state party to, which all made provisions for the rights of anyone under the custody of the Police or in detention.

“The United Nations (UN) Body of Principles for the Protection of All Persons under Any Form of Detention or Imprisonment stated it clearly in Principle 1 that “All persons under any form of detention or imprisonment shall be treated in a humane manner and with respect for the inherent dignity of the human person”

“Principle 2 succinctly stated that “Arrest, detention or imprisonment shall only be carried out strictly in accordance with the provisions of the law and by competent officials or persons authorized for that purpose,” while in Principle 6, “No person under any form of detention or imprisonment shall be subjected to torture or to cruel, inhuman or degrading treatment or punishment.  No circumstance whatever may be invoked as a justification for torture or other cruel, inhuman or degrading treatment or punishment”

The CLO also reminded the Police that as a journalist, Ezenekwe has a fundamental right to freedom of expression as contained in article 19 of the Universal Declaration of Human Rights (UDHR) and “chapter IV section 39 of the Constitution of the Federal Republic of Nigeria 1999 as amended and other International Human Rights Instruments to which Nigeria is a party.”

“The Police, while handling Ikenna Ezenekwe’s matter, should bear in mind the expression of his inalienable right to freedom of expression as a journalist contained in various declarations by the United Nations or domestic Nigerian laws.

“The right to freedom of expression is also contained in chapter IV section 39 of the Constitution of the Federal Republic of Nigeria 1999 as amended and other International Human Rights Instruments which Nigeria is a party.

“Section 39 expressly provided for the protection of this right because of its importance and relevance to the enhancement of personal liberty and democracy.

“While the CLO is also aware that this right to freedom of expression is not absolute and also comes with consequences if abused, we still urge the Police to refrain from any arbitrariness while handling this matter.”

In conclusion, the CLO referred to other sections of the constitution as well as the Nigerian Police Act 2020 which made provisions for the time frame for the release on bail for a detainee, which is within 24 hours without a court warrant and if not a capital offence, and therefore called on the Police to release Ezenekwe on bail without further delay.