The Centre for Anti-Corruption and Open Leadership (CACOL) has faulted Police arraignment of Mr. Agba Jalingo, a notable human rights activist and publisher of an online news website, CrossRiver Watch, for criticising Professor Ben Ayade, the Cross River State governor.
Jalingo, CACOL noted, who had been educating and informing the grassroots people of Cross River State, was reportedly arrested for criticising Ayade over alleged corruption bordering on misappropriation of over N500million, belonging to his state government.
Mr. Debo Adeniran, CACOL’s Executive Chairman, in a statement issued by Adegboyega Otunuga, the group’s Coordinator, Media and Publications, stated that it had watched with keen interest the arrest and arraignment of Jalingo, who had been showcasing Ayade’s government’s policies and praising the administration where he felt necessary
It stressed that things seemed to have turned sour after Jalingo accused the government of misapplications of state funds running into hundreds of millions of naira through what he referred to as ‘elephant projects’ and funds unaccounted for.
Adenian said: “While we may not be privy to the extent the publisher had gone through his ‘whistle blowing’ allegations against the governor as related to informing our anti-corruption agencies, Independent Corrupt Practices and Other Related Offences Commission (ICPC) and Economic Financial and other Crimes Commission (EFCC), which have the duty and the wherewithal to investigate such allegations and take appropriate actions, now and later, we are convinced that police arraignment of Agba Jalingo in court for treason or acts bordering on terrorism, is ultra vires and far off the marks.
“Just as it was noted by many legal practitioners who have responded on this matter, the governor could not legally resort to ‘self-help’ by getting the publisher arrested and arraigned for criminal offences over a purely civil matter that borders, at worst on defamation of character.
“The best he could have sought was to sue the journalist for libel and consequently challenge him to prove his allegations in a court of law.
The Nigerian Police erred by assisting a sitting governor to undermine the constitutional rights of freedom of speech and publications of a Nigerian citizen.
“As earlier noted, though no right is absolute, such infringements that border on impingement or abridgement of others’ rights and reputation, if allegations are untrue and character is flawless in the eye of the law, is better challenged through a civil suit and not by the Police arbitrary arrest and arraignment.
The CACOL boss added, “Under a democratic dispensation and even when Nigeria was in a military rule, such acts as arbitrary arrest and subsequent charge as this, were ultra vires and dictatorial.
“This is because, no country subsists as an Island unto itself but operates as a veritable member of global community. This is more so, as Nigeria is a signatory to many International Conventions and Treaties on Fundamental Rights and obligations of citizens, especially in a democracy.
“We therefore call on the Nigerian Police to withdraw such arbitrary charge against Agba Jalingo and set him free immediately, if it has no other criminal offence known to law against him to avoid a situation whereby Nigeria is seen to be sliding to a dictatorship,” the statement said.
