Lawyers, CISLAC, Others Fault Journalist’s Remand, Say It’s Dent On Democracy

By Olakunle Olasanmi, James Kwen and Samson Elijah, Abuja

The continued detention and prosecution of investigative journalist with the Foundation for Investigative Journalism (FIJ), Daniel Ojukwu, have attracted condemnation from lawyers, journalists and civil society organisations who warned that the development poses a threat to press freedom, democratic accountability and investigative journalism in Nigeria.

Ojukwu was remanded over reports questioning the management of public funds by the office of the senior special assistant to the president on Sustainable Development Goals (OSSAP-SDGs) led by Mrs Adejoke Orelope-Adefulire.

He was arraigned on Tuesday before Justice Joyce Abdulmalik on 12 counts bordering on cyberstalking and criminal defamation over his investigations into the office but pleaded not guilty to all the charges.

The development has drawn criticism from media and civil society organisations, including the Nigeria Union of Journalists (NUJ), the West Africa Editors Society and a coalition of media and civil society groups which demanded his immediate and unconditional release.

While some lawyers acknowledged that press freedom does not confer immunity on journalists who violate the law, they insisted that due process must be followed. Others warned that the use of criminal laws against journalists investigating matters of public interest could discourage scrutiny of public institutions and undermine the fight against corruption.

Lawyers Insist On Due Process, Warn Against Abuse Of Press Freedom

A Senior Advocate of Nigeria, Abdul Balogun, said the country was governed by laws and that no individual should be above the law.

He maintained that if the journalist had committed any infraction, he should be charged to court and dealt with in accordance with the law.

“Nigeria is governed by law, anyone that commits any offence should not be given inhuman treatment, he should be dealt with according to the law.

“There should be thorough investigation in the matter and he should also be given fair hearing when charged to court. I know that the Freedom of Information Act gives the press the opportunity to demand for accountability on the part of those in government but it is not also a license to peddle false information about anybody,” he said.

A professor of law, Adiukwu G. Abel, urged the government to be tolerant of the media, noting that both institutions were expected to work together to promote meaningful development.

He said the media should be allowed to operate freely without harassment or intimidation, particularly when carrying out its responsibility of holding public officials accountable.

“I feel government should be tolerant of the media, particularly, when they are being criticised.

“It is part of the beauty of democracy. If you don’t have anything to hide as government official, you should not intimidate and harass the media when they go about doing their job,” the law professor said.

Also, the convener of the Coalition for Good Governance in Africa, Kingdom UKwe, called for caution, insisting that Nigeria was bigger than any individual and that anyone found to have violated the law should be held accountable.

He, however, argued that public officials should not behave as though the law did not apply to them.

“If what the young man wrote about the official of government is correct, he should sue whoever is involved in his ordeal for breach of his fundamental human rights and claim damages but if it turns out that falsehood was reported, he should be made to face the law”, he said.

CISLAC, Others Demand Accountability, Transparency

The Civil Society Legislative Advocacy Centre (CISLAC), Transparency International Nigeria and other civil society organisations have raised concerns over Ojukwu’s continued detention and prosecution.

Speaking in an exclusive interview with LEADERSHIP Weekend yesterday in Abuja, the executive director of CISLAC and head of Transparency International Nigeria, Auwal Musa Rafsanjani, demanded Ojukwu’s immediate release through lawful processes and the withdrawal of charges arising solely from legitimate investigative reporting.

Rafsanjani also called for an independent investigation into the questioned SDG expenditure, full disclosure of relevant financial records and urgent reforms to prevent the abuse of cybercrime laws against journalists and whistleblowers.

He said the government should explain how public funds were spent rather than punish individuals demanding accountability.

“A democracy that intimidates journalists while leaving allegations of financial misconduct unanswered undermines its own credibility,” he said.

CISLAC maintained that public funds must be accounted for and press freedom protected, insisting that journalism should not be criminalised for raising questions about public expenditure.

Similarly, the executive director of Women’s Inclusion, Empowerment and Leadership Development Initiative (WIELD-I), Comrade Amarachi Evangel, said Ojukwu’s remand raised serious concerns about the protection of press freedom and the environment in which investigative journalism operates in Nigeria.

Evangel, who described herself as a journalist, said investigative reporting required reporters to scrutinise public institutions, question decisions and demand accountability on issues affecting the public.

She maintained that such responsibilities should not be interpreted as hostility towards government but recognised as essential elements of democratic governance.

According to her, questions surrounding the management of public funds should ordinarily attract transparency, explanations and verifiable responses from the institutions concerned rather than create an atmosphere capable of discouraging further scrutiny.

While acknowledging that press freedom does not exempt journalists from professional responsibility, Evangel stressed that accuracy, fairness and responsible reporting remained fundamental to journalism.

She, however, cautioned that legal processes involving journalists must be handled with restraint and proportionality to prevent their use as instruments of intimidation or the creation of a chilling effect on investigative reporting.

“My position is that Ojukwu’s fundamental rights and the principles of fair hearing must be respected, while the judicial process is allowed to take its course without interference,” she said.

She also urged government institutions to embrace openness and respond appropriately to legitimate questions about their activities.

“The bigger issue is the kind of environment we are creating for journalism in Nigeria. Journalists must be able to ask questions, investigate matters of public interest and hold institutions accountable without fear that performing these responsibilities could expose them to intimidation,” Evangel said.

Also speaking, the executive director of Integrity Advocacy for Development Initiative (IADI), Comrade Ofomhi Christopher, described Ojukwu’s remand as a serious concern for press freedom and accountability in the country.

Christopher said it was disturbing that a journalist investigating matters of public interest was facing criminal charges over reports that should ordinarily attract explanations and transparency from the public office concerned.

He questioned the government’s commitment to fighting corruption in the face of developments in which journalists investigating the management of public resources were subjected to detention and prosecution.

According to him, public officials must understand that occupying public office comes with the responsibility of being scrutinised, adding that criticism, investigative reporting and public questioning of government expenditure are essential components of democratic accountability.

While acknowledging the need for journalists to uphold professional ethics, verify their reports and take responsibility for deliberate misinformation, he warned against the use of criminal prosecution and prolonged detention to discourage investigative journalism.

He argued that public officials who dispute the accuracy of publications should explore lawful avenues for redress without creating an atmosphere of intimidation.

Christopher further warned that developments of this nature risk creating the impression that the government is more comfortable with praise than criticism.

He urged the federal government to ensure that Ojukwu receives a fair and timely judicial process, while calling for a careful examination of the prosecution to establish whether criminal proceedings were justified by the available evidence.

The IADI director also called for transparent disclosure of relevant financial records and independent scrutiny of the projects and expenditures questioned in Ojukwu’s investigative reports.

He maintained that press freedom is not a favour granted by government but a constitutional right and an important safeguard against abuse of public office.

Journalists, Rights Advocates Decry Shrinking Civic Space

Reacting to the development, the executive director of Grassroots Centre for Rights and Civic Orientation (GRACO), Armsfree Ajanaku, said Ojukwu’s incarceration was another reminder of the hostile environment within which journalists operate in Nigeria.

Ajanaku, who is also a journalist, said the action was a manifestation of the shrinking civic space, where those who reported the truth were targeted and imprisoned while those looting the nation’s commonwealth were allowed to operate freely.

“If we are in a normal society, who should be in the dock? A journalist who exposed corruption and misappropriation of funds or the public official who was alleged to have used public funds in a questionable manner.

“In this case, we believe the law is being weaponised against Mr Ojukwu, which is why we join others in the clamour for his immediate and unconditional release,” he stated.

Speaking with LEADERSHIP Sunday , a journalist with Vanguard Newspaper, Gift Chapi, said what happened to Ojukwu was a worrying development for journalism and democracy in Nigeria.

Chapi said it sent a dangerous signal that investigative journalists could face criminal prosecution for asking questions about the management of public funds and demanding accountability from public officials.

“As journalists, our responsibility is not to praise those in government or report only what is convenient for people in authority. Our duty is to inform the public, investigate matters of public interest and hold those entrusted with public resources accountable.

“If a public official feels misrepresented or defamed by a publication, there are legitimate ways to seek redress. But criminalising journalism or using the machinery of the state in ways that could intimidate reporters is dangerous to democratic accountability,” she said.

Chapi cautioned the President Bola Tinubu administration against creating an environment where journalists begin to practise self-censorship for fear of arrest, detention or prosecution.

“When journalists are intimidated into silence, it is ultimately the Nigerian people who suffer because their right to information is compromised.

“Government must recognise that criticism and scrutiny are part of democracy. You cannot demand accountability from public institutions while making those who ask difficult questions feel threatened.

“I believe the charges against Ojukwu should be subjected to a fair and transparent judicial process, and his right to a fair hearing and freedom of expression must be respected.

“The government should also demonstrate, through concrete actions, that it respects the independence of the media.

“A democracy that cannot tolerate investigative journalism is a democracy that is uncomfortable with accountability,” she added.

Also speaking, a correspondent with The Sun, Obi Okwe, insisted that the dictatorial tendencies of the government in power should stop, arguing that the media could not be stifled.

“The dictatorial tendencies of the government in power should stop. The media cannot be stifled. Most of the perpetrators are beneficiaries of the media.

“Journalists should be allowed to discharge their duties within the bounds of professionalism without being hounded.

“Also, the Ombudsman must rise to the occasion to defend the media. The Minister of Information should intervene also because an injury to one is an injury to all,” he said.

The respondents stressed that while journalists must uphold professional standards, verify information and be accountable for deliberate misinformation, public officials must equally be prepared to answer questions about the management of public resources.

They maintained that the protection of press freedom, respect for due process and transparency in government institutions were essential to strengthening Nigeria’s democracy and sustaining the fight against corruption.