morganable news/Developing Story
The latest development has revived concerns about the use of criminal laws against journalists investigating public officials, particularly as Ojukwu was previously arrested and detained for 10 days in May 2024 over the same reports before his release following public outcry.
KaNo—
The administration of President Bola Tinubu has come under criticism following the remand of investigative journalist Daniel Ojukwu at the Kuje Custodial Centre, Abuja, over reports questioning the management of public funds by the Office of the Senior Special Assistant to the President on Sustainable Development Goals.
Media organisations, civil society groups and press freedom advocates have condemned the prosecution, describing it as an attempt to intimidate journalists and undermine democratic accountability.
The Nigeria Union of Journalists, the West Africa Editors Society and a coalition of media and civil society organisations have demanded Ojukwu’s immediate and unconditional release, alongside the withdrawal of the charges against him.
Their reactions followed the decision of the Federal High Court in Abuja to remand the journalist until December 1, when his bail application is expected to be heard.
Ojukwu, a correspondent with the Foundation for Investigative Journalism, was arraigned on Tuesday before Justice Joyce Abdulmalik on 12 counts bordering on alleged cyberstalking and criminal defamation arising from investigations into the activities of the office formerly headed by Mrs Adejoke Orelope-Adefulire.
He pleaded not guilty to all the charges.
The latest development has revived concerns about the use of criminal laws against journalists investigating public officials, particularly as Ojukwu was previously arrested and detained for 10 days in May 2024 over the same reports before his release following public outcry.
In a joint statement titled, ‘A Dangerous Attack on Press Freedom and Democratic Accountability’, made available to Punch, a coalition of media and civil society organisations described the decision to remand the journalist as a disturbing escalation in the use of criminal prosecution against members of the press.
The coalition expressed concern that the court declined to allow Ojukwu to continue on his previous administrative bail despite requests by his lawyers.
It said the reports that led to the prosecution raised legitimate questions about public expenditure, including payments of N147.1m and N47.5m for classroom construction projects and concerns about the functionality of solar installations reportedly completed under the projects.
According to the coalition, public officials entrusted with the management of public resources have a responsibility to explain their decisions and expenditure to Nigerians.
“The appropriate response to investigative journalism should be far from intimidation, detention, or criminal prosecution. Where a report is considered inaccurate or defamatory, the law provides legitimate avenues for redress that must be pursued in a manner consistent with constitutional guarantees and Nigeria’s human rights obligations,” the statement read.
Similarly, the National President of the Nigeria Union of Journalists, Alhassan Yahya, during an interview with Punch Newspaper said the union was demanding Ojukwu’s unconditional release and the withdrawal of the charges against him and FIJ founder, Fisayo Soyombo, who is the second defendant in the case.
Yahya cautioned the Nigeria Police Force and other security agencies against what he described as the weaponisation of the Cybercrimes Act and criminal defamation laws to harass, abduct and silence journalists.
He recalled that Ojukwu was arrested and detained for 10 days in May 2024 over the same investigative reports before he was released following widespread public criticism.
Describing the latest remand as a troubling recurrence, the NUJ president said the prosecution could discourage journalists from holding public institutions accountable.
“Journalism is a constitutionally mandated public service, not a crime; deploying the apparatus of the criminal justice system to punish reporters for scrutinising public spending undermines the very foundations of Nigeria’s democracy,” he said.
Yahya urged the authorities to respect constitutional guarantees protecting freedom of expression and the press.
He cited Sections 22 and 39 of the 1999 Constitution, Article 9 of the African Charter on Human and Peoples’ Rights and Article 19 of the International Covenant on Civil and Political Rights as legal protections that should guide the handling of the case.
The West Africa Editors Society also condemned Ojukwu’s incarceration, calling on the government to withdraw the charges and secure his release.
In a statement signed by Emmanuel Dogbevi and made available to journalists, the society expressed concern that Nigeria, despite its history of journalism and democratic advocacy, was increasingly witnessing journalists being punished for carrying out their professional responsibilities.
“Journalism has in the past and even today brought honour to Nigeria, and the actions of a few officials should not bring the country to disrepute,” the society said.
The coalition further warned that Ojukwu’s detention could have consequences beyond the journalist and FIJ, particularly for media organisations investigating allegations of corruption and the management of public resources.
It urged the government to address the issues raised in the investigations by making relevant records available, allowing independent scrutiny and adopting appropriate accountability mechanisms.
The latest condemnations add to earlier calls by the Socio-Economic Rights and Accountability Project, Amnesty International Nigeria and the Committee to Protect Journalists for Ojukwu’s release.
Ojukwu’s prosecution stems from investigations published by FIJ between late 2023 and early 2024, which examined contracts and payments made by the Office of the Senior Special Assistant to the President on Sustainable Development Goals.
One of the reports, published on November 7, 2023, was titled, ‘Special Report: Two weeks before end of Buhari’s tenure, special assistant, Adefulire paid a restaurant N147.1m to build classrooms in Lagos. A lot was amiss.’
The investigation examined an alleged payment of N147,127,467.58 to Enseno Global Ventures Limited for a skill acquisition centre and classroom construction projects.
It raised questions about the company’s operations and capacity to execute the contracts.
Another FIJ investigation questioned a N47.5m classroom construction contract awarded to Tru3 Nigeria Limited, including concerns about the company’s status and its alleged failure to mobilise workers and equipment to the project site.
The publication also reported that solar panels installed at some of the projects stopped functioning shortly after completion.
The investigations examined the procurement process, the contractors’ capacity and the implementation of the projects, raising questions about whether the public funds were properly utilised.
According to the charge sheet, the prosecution alleged that Ojukwu and Soyombo conspired to commit cyberstalking and published reports on the FIJ website that allegedly placed Orelope-Adefulire in fear of death, violence or bodily harm.
The case, marked FHC/ABJ/CR/486/2024 and titled, ‘Inspector-General of Police vs Daniel Ojukwu & Anor’, lists the former Inspector-General of Police, Kayode Egbetokun, as the complainant.
The charges were brought under provisions of the Cybercrimes (Prohibition, Prevention, etc.) Act 2015, as amended in 2024, and the Criminal Code Act.
At Tuesday’s proceedings, Ojukwu’s lawyers, Oluseye Ayo Moore and Abimbola Ojenike, asked the court to allow their client to continue enjoying his previous administrative bail pending the determination of the fresh bail application.
However, Justice Abdulmalik declined the request, ruling that the bail application filed on Monday was not ripe for hearing.
She subsequently adjourned the matter until December 1 to allow the prosecution to respond to the application.
The decision has intensified calls from media and civil society organisations for the government to respect press freedom and ensure that journalists are not subjected to intimidation or prolonged detention for investigating matters of public interest.
