Agboje Chuks
A Social Media platform, and human rights advocacy organization known as DELTA DECIDES has written to the Delta State Police Command to unconditionally release Mr. Fejiro Oliver, Publisher of Secret Reporters from Custody
According to the Chief Strategist, Mr. Agboje Chuks, he noted that the unlawful dentention was awful and will demarket the Nigerian Police and the State if not properly handled
He urged the Inspector general of Police to immediately render an unreserved apology to Mr. Fejiro Oliver, Stegma Media Company, Publishers of DELTA DECIDES and other media outfits for the social harm and harassment it has caused
The letter Reads:
The Commissioner Of Police
Delta State Command
Asaba
Delta State, Nigeria
Dear Sir
DEMAND FOR THE UNCONDITIONAL RELEASE OF MR. FEJIRO OLIVER FROM POLICE CUSTODY
We represent Stegma Media Company, the publishers of DELTA DECIDES, a social media organization dedicated to the constitutional mandate of informing and educating the public for societal betterment.
As Journalists, we hereby write to demand for the immediate and unconditional release of Mr. Fejiro Oliver, proprietor of Secret Reporters and other media platforms, from the custody of the Delta State Police Command.
Sir, Mr. Oliver has been unlawfully detained for a period exceeding two weeks without being charged before a court of competent jurisdiction.
This demand is firmly rooted in the fundamental laws of the Federal Republic of Nigeria and established international human rights instruments
The continued detention of Mr. Oliver constitutes a grave violation of his Fundamental Human Rights as guaranteed under the Constitution of the Federal Republic of Nigeria 1999 (as amended), specifically: Section 35 (1) which gives the right to personal liberty, and prohibits arbitrary arrest and detention.
Sir, Section 35 (4) & (5): also State that anybody who is arrested or detained should be brought before a court within a reasonable time, which in this case has been grossly exceeded.
Section 39 (1): also specifically gave citizens including journalists the right to freedom of expression, including the right to hold opinions and to receive and impart ideas and information without interference. This is has also been breached
Section 22 emphasized the constitutional obligation of the Press, Radio, Television, and other agencies of the mass media to uphold the responsibility and accountability of the Government to the people.
We are worried that Mr. Fejiro Oliver detention also contravenes Nigeria’s obligations under international law, particularly Article 9 of the African Charter on Human and Peoples’ Rights, which enshrines the right to receive information and the right to express and disseminate opinions within the law.
The Nigerian jurisprudence has also consistently condemned the use of arrest and detention as a tool to stifle dissent or punish criticism.
Sir, we will like to draw your attention to the locus classicus case of Arthur Nwankwo v. State (1985), where the Court of Appeal struck down the law of sedition as unconstitutional and inimical to the principles of free speech and democracy.
Similarly, in Issa Konate v. Burkina Faso, the African Court on Human and Peoples’ Rights ruled that criminal defamation is an unjustifiable restriction on freedom of expression in a democratic society.
The appropriate legal recourse for alleged defamatory publication is a civil action for libel, not punitive and unlawful detention as been witnessed
As journalists, we are miffed that your failure to charge him to court for such an extensive period is not only a flagrant disregard for the rule of law but also raises serious concerns about the Delta State Police Command being used to infringe upon the freedom of the press and intimidate journalists who seek to hold public officials accountable.
TAKE NOTICE that upon the expiration of 48 hours from the receipt of this letter, should Mr. Fejiro Oliver not be unconditionally released, we shall proceed to institute legal action, including but not limited to an action for the enforcement of fundamental rights and a suit for exemplary damages for unlawful detention, against the Inspector-General of Police, the Commissioner of Police, Delta State, and other necessary parties.
We further demand a formal, unreserved apology to Mr. Fejiro Oliver, Stegma Media Company and other indigenous media outfits for the trauma and professional injury caused by this unlawful detention, which has the collateral effect of harming the perception of Nigeria and Delta State as a place where the rule of law and democratic freedoms are respected.
We anticipate your immediate compliance with this lawful demand.
Yours faithfully,
Agboje Chuks
Chief Strategist
Stegma Media Company/DELTA DECIDES
