News
Increasing Threats on Free Speech as Political Terrorism
“Everybody likes to get as much power as circumstances allow, and nobody will vote for a self-denying ordinance.” Lord Emerich Edward Dalberg Acton, English Catholic historian, politician, and writer.
One would have thought that the above quote attributed to Lord Acton, which has been captured in another sense as “Power tends to corrupt, and absolute power corrupts absolutely” was only relevant to the military and despotic systems of Government, but recent happenings in Nigeria and other supposedly democratic climes have proven that those words are as relevant today as they were in the worst days of military and dictatorial government across the globe.
When the Cybercrime Act 2015 was signed into Law by the erstwhile President Goodluck Ebele Jonathan at the twilight of his administration in 2015, there was a sigh of relief that Nigeria has finally been able to develop its own regulatory framework to tackle the menace of cybercrime.
The enthusiasm could not be faulted given the bad reputation the country has had to grapple with as result of the activities of the famous cybercriminals popularly known as “Yahoo boys” and lately “Yahoo Plus”.
That enthusiasm was however cut short when it became clear that this law has beyond anything else unleashed another form of terror on Nigerians even while the country grapple with conventional terrorism by Boko Haram.
This terror however is about suppression of core values of any democratic system, which includes freedom of speech. Freedom of speech is an important tenet of any democracy and the apparent suppression of voices of dissent or whistleblowers is nothing short of terrorism in another mode.
Attack on Free Speech is a form of terror and we must curse the darkness while we can. While the Nigerian Police refuted the claims by Chidi Odinkalu and others describing the shooting at a Catholic Church in Ozubulu in Anambra State on August 6 2017 as an act of terror, the Police by inference unwittingly admitted that the trend of arrest of citizens over whistle blowing activity is an act of terror.
Abayomi Shogunle , Head of Nigeria Police Rapid response unit argued on his twitter handle which he typically uses to address issues/complaints about the Nigerian Police, that an act of terror must be politically motivated.
Given this line of thought, it is clear that even the Police in Nigeria agree that the political class have now resorted to terrorizing Nigerians for expressing opinions online. Several citizens are currently going through politically motivated prosecutions in the court.
Two of those cases are highlighted here being the most recent experiences and considering the status of the actors involved in them (More cases are summarized in the image below).
It is no longer news that the Governor of Kogi state with the help of the Department of State Security services is currently prosecuting a civil servant.
His offence, according to news reports, was posting the image of the Abuja residence of the Kogi State Governor, Yahaya Bello, using a drone camera.
According to the Guardian Newspaper, He was said to have posted the pictures with a caption: “This building is owned by an individual in Kogi where hunger is the people’s first name” to highlight the affluence of the Governor while Government workers groan and struggle to survive over unpaid salaries and citizens live in abject poverty.
The action, the prosecuting counsel who is also a senior legal officer with the State Ministry of Justice said, put “Governor Yahaya Bello and family into threat and harm to their property” and thereby urged the court to take cognizance of the offence of cyber stalking (relying on section 24 of the cybercrimes Act 2015) against the accused.
The action of the Kogi State Government to say the least is the most barbaric form of high-handedness by anyone in power and a total abuse of privilege by using the State Security Service funded by tax payers for an egoistic pursuit. Well, it must be noted that he has a co-traveller in Nigeria’s Senate President, Dr. Abubakar Bukola Saraki.
In an Interview with Punch Newspaper, a 37-year-old primary school teacher in Kwara State, Biodun Baba, who was arraigned before a magistrates’ court in Ilorin for allegedly insulting Senate President Bukola Saraki on Facebook, recounts his ordeal after he reacted to a Facebook post of factional Chairman of the Peoples Democratic Party in the state, Akogun Iyiola Oyedepo on the discharge and acquittal of the Senate President by the Code of Conduct Tribunal. He commented in the comment section as follows “Somebody believes that he is above everybody, he is not above the judgment of God.
If Saraki has been discharged by the CCT, has he been discharged by God?” Two officials of the DSS came and dragged him to their office in Ilorin.
They gave him a form to write an undertaking that he will never abuse the Senate President again. It didn’t stop there; he was taken to court but was lucky to be defended by a group of lawyers who worked pro-bono to defend him in Court.
The cases involving Bukola Saraki and Governor Yahaya Bello are only 2 of many of such occurrences in Nigeria lately. Paradigm Initiative documented at least 8 of such cases in 2016 alone its Digital Rights in Africa annual report for 2016 and there has been at least 10 of such cases in 2017.
If nothing else, the two cases above represent the most recent form of barbaric attacks on free speech by the Nigeria Political class but nothing of a departure from the pattern of previous documented cases.
Drafters of the Cybercrime Act 2015, their intention notwithstanding, have successfully played into the hands of agents of domination, intolerance and leaders who will rather oppress than protect the citizens that elected them.
This has been a pattern in the last 2 years and it will as a matter of fact increase as the 2019 election draws closer. I hate to opine that a law which was supposed to help curb the scourge of cybercrime in Nigeria has hardly done so but has been the tool of oppression in the hand of the powerful.
Unfortunately, this has been the case and there is no end in sight for the abuse and oppression being perpetrated by the political class and the powerful in connivance with security agencies.
This article should not be seen as an attempt to demonize certain political actors but to challenge the system and frameworks that encourage and allows the oppression of fellow citizens to be possible.
In the words of the French republican poet and politician, Alphonse Marie Louis de Prat de Lamartine, “It is not only the slave or serf who is ameliorated in becoming free… the master himself did not gain less in every point of view,… for absolute power corrupts the best natures (Translated from his original work in French)”. Therefore we shouldn’t be looking at demonizing the actors but at correcting the system and frameworks that makes abuse possible.
Last year, Paradigm Initiative together with Media Rights Agenda and Enough is Enough went to court to challenge the constitutionality of section 24 of the Cybercrimes Act 2015, a lawsuit which has now reached the appeal stage at the Federal Appeal court.
As concerned citizens and civil society, we can only hope and urge the court to expedite the hearing and give judgment in the interest of democracy and the rule of law.
Also, a member of the National Assembly Senator Buhari Abdulfatai representing Oyo state at the Nigerian Senate has sponsored a Bill to repeal and re-enact the Cybercrime Act 2015.
The Bill, SB 450: Cyber Crime (Prohibition, Prevention, etc.) Act 2015 (Repeal and Re-enactment) Bill, 2017 has only been read once on the floor of the Senate and the content is yet to be made public by the National Assembly (This represents another lacuna in the law making process in Nigeria whereby Bills being discussed by the National Assembly are not accessible to citizens).
The public hearing for this Bill whenever it happens presents an opportunity to address the sections of this Bill currently being exploited by political gladiators to oppress opposing voices.
Adeboye Adegoke @adeboyeBGO is a Digital Rights Advocate and works with Paradigm Initiative
ValueJet is set to expand its fleet with the introduction of Boeing aircraft. The airline in a statement said that the introduction of Boeing aircraft was part of its effort at increasing capacity, strengthen its regional operations and position the airline for wider connectivity across Africa.
The acquisition of Boeing aircraft is coming after its successful operations with the Bombardier CRJ aircraft, which have supported its domestic and regional expansion since it commenced commercial operations.
Omololu Majekodunmi, Managing Director of ValueJet, said the move would enable it to accommodate more passengers and cargo, operate longer routes and respond to the growing demand for air travel within Nigeria and across the African continent.
Majekodunmi, also said that the fleet expansion was a defining moment in the company’s journey, noting that the introduction of the Boeing aircraft would open a new chapter for the carrier.
According to him, ValueJet has remained focused on building a safe, reliable and customer-oriented airline since its entry into the market, adding that the transition to Boeing aircraft was being supported by investments in manpower development and technical capacity.
He said: “The arrival of Boeing aircraft into our fleet represents an exciting new chapter for ValueJet. Since commencing operations with our CRJ aircraft, we have remained focused on building a safe, reliable, and customer-centric airline.
“As we prepare to induct the Boeing aircraft, we are also investing in our people by ensuring our engineers receive world-class training that will enable us to maintain the highest standards of safety, reliability, and operational excellence. This investment positions us for the next phase of our growth and reinforces our commitment to delivering an exceptional travel experience.”
According to Majekodunmi, as part of preparations for the fleet upgrade, ValueJet’s aircraft maintenance engineers are already undergoing intensive technical training on Boeing aircraft in Lagos.
The training, delivered by Boeing through its partnership with Nigeria’s Federal Ministry of Aviation and Aerospace Development, focuses on the Boeing 737 Next Generation (737NG), covering aircraft systems, maintenance procedures, safety standards and operational best practices.
The airline said the training would equip its engineers with the required expertise to maintain the new aircraft type in line with global aviation standards, including European Union Aviation Safety Agency (EASA) requirements.
Also speaking, Adekunle Soname, Chairman of ValueJet, said the introduction of Boeing aircraft was not just a fleet expansion programme, but a strategic investment aimed at supporting the airline’s long-term growth ambitions.
With the planned arrival of the Boeing aircraft, ValueJet is targeting expansion into more African destinations, including Abidjan in Côte d’Ivoire, Libreville in Gabon, Douala in Cameroon, as well as cities in Kenya and South Africa.
The airline said the new routes would form part of its strategy to strengthen intra-African connectivity and provide passengers with more travel options.
The Federal High Court in Abuja on Wednesday, July 15, ordered the final forfeiture of 48 properties linked to the immediate past Attorney-General of the Federation and Minister of Justice, Mr. Abubakar Malami, who is facing money laundering charges.
Abubakar Malami
The court, in a judgment delivered by Justice Joyce Abdulmalik, held that the properties, allegedly acquired with proceeds of crime, should be permanently seized by the federal government.
It held that Malami, who served as Justice Minister from November 11, 2015, to May 29, 2023, under former President Muhammadu Buhari’s administration, failed to rebut the reasonable suspicion that the properties were acquired through unlawful activities. The court dismissed contentions that some of the affected properties belonged to the larger Malami family in Kebbi State. According to the court, the legal issue was not “who owns the property, but how legitimate were the funds used to acquire them”.
Justice Abdulmalik held that Section 17 of the Advance Fee Fraud and Other Fraud Related Offences Act empowered the court to order the final forfeiture of illicitly acquired assets to the government. The judgment followed an application filed by the Economic and Financial Crimes Commission (EFCC).
Although the anti-graft agency sought the forfeiture of 57 choice properties it said were traced to the former minister, the court held that there was credible evidence establishing the genuine ownership of nine of the listed properties. The EFCC and Malami had adopted their final written addresses in the matter on May 26.
It will be recalled that the anti-graft agency had earlier secured an interim forfeiture order for the assets, valued at over N212 billion. According to the anti-graft agency, the properties, spread across three states (Kebbi, Kano, and Kaduna) as well as the Federal Capital Territory, Abuja—were believed to have been acquired with proceeds of crime. In an ex parte motion brought before the court, the agency said the interim order was needed as a precursor to the final forfeiture of the properties to the federal government.
Malami is currently facing a 16-count money laundering charge. He was arraigned before the court alongside his son, Abdulaziz, and one of his wives, Hajia Bashir Asabe. The defendants were alleged to have laundered public funds totalling about N9 billion.
According to the EFCC, the former Justice Minister, in a bid to hide his proceeds of crime, resorted to acquiring choice properties in various cities and states. Having granted the interim forfeiture order, the court directed the agency to publish, within 14 days, a notice inviting anyone with an interest in any of the properties to appear before it and show cause why they should not be forfeited to the government.
Dissatisfied with the EFCC’s application, Malami’s legal team approached the court to have it set aside, insisting the properties were legitimately acquired. He told the court that the properties were appropriately listed in various asset declaration forms he filed with the Code of Conduct Bureau (CCB), insisting the EFCC had failed to adduce any prima facie evidence that they were acquired through proceeds of crime.
Accusing the EFCC of suppressing material facts, Malami maintained that the agency moved against him over properties that “were lawfully acquired post-appointment of the respondent/applicant and declared with the Code of Conduct Bureau as legitimate assets of the respondent/applicant, in compliance with the 5th Schedule to the Constitution of the Federal Republic of Nigeria, in 2019 and 2023”.
He argued that the interim forfeiture order was obtained through “manifest exaggeration, malicious inflation of the value of the assets, and unreasonable and incompetent valuation deliberately manipulated to mislead the court, negatively affecting its discretion in granting an order based on manipulated facts and conclusions deliberately cooked up by the applicant/respondent (EFCC)”.
While adopting his final brief of argument, counsel to the EFCC prayed the court to grant the final forfeiture order, relying on a 47-paragraph affidavit and 46 exhibits filed in support of the motion. The EFCC counsel argued that Malami had failed to satisfactorily explain the legitimate sources of the assets and urged the court to order their permanent forfeiture.
In response, the counsel representing the former AGF urged the court to dismiss the application and set aside the interim forfeiture order earlier granted. The defense counsel relied on a counter-affidavit deposed to by Malami to argue that the EFCC’s case was founded on suspicion rather than credible evidence.
The court-ordered list of confiscated properties includes:
A luxury duplex at Amazon Street within Cadastral Zone A06, Maitama, purchased in December 2022 at N500,000,000.00 (value after enhancement, N5,950,000,000).
A two-wing, large storey building situated at No. 3, Onitsha Crescent, Area 11, Garki, Cadastral Zone A03, Abuja (formerly Harmonia Hotels Limited), FCT, purchased in December 2018 at N7,000,000,000.00.
Plot 683, Jabi District, Cadastral Zone B04, comprising a five-storey building (now Luxurious Meethaq Hotels Ltd, Jabi, with 53 rooms/suites), purchased in September 2020 at carcass level at N850,000,000.00, with an additional N300,000,000 to take possession (value after completion, N8,400,000,000).
Property No. 3130, within Cadastral Zone A04, Asokoro District, FCT, Abuja, comprising terraces, purchased in January 2021 at N360,000,000.00.
Property No. 3, Rhine Street, Maitama, Abuja (Meethaq Hotels Ltd, Maitama, with 15 rooms), purchased in February 2018 at N430,000,000.00 (current value after rehabilitation, N12,950,000,000).
Plot No. 1241B, Asokoro District Zone (No. 11A Yakubu Gowon Crescent), Asokoro District, purchased in July 2021 at N325,000,000.00.
Shop No. C82, Citiscape — Shariff Plaza, Plot 739, Cadastral Zone A07, Aminu Kano Crescent, Wuse II, FCT, Abuja, purchased in March 2024 at N120,000,000.00.
No. 4, Ahmadu Bello Way, Nasarawa GRA, Kano, purchased in December 2022 at N300,000,000.00.
Plot 157, Lamido Crescent, Nasarawa GRA, Kano, purchased in July 2019.
A plaza, commercial toilets, laundry facility, and warehouse tanks adjacent to Birnin Kebbi Market, purchased in 2021 at N100,000,000.00.
100 hectares of land along Birnin Kebbi–Jega Road, purchased in 2020 at N100,000,000.00.
A four-bedroom bungalow, Gesse Phase, Birnin Kebbi, purchased in 2023 at N101,000,000.00.
Shops Nos. A36 and B3, Vegas Mall, Wuse 2, Abuja, purchased in July 2023 at N158,000,000.00.
No. 26, Babbi Drive, BUA Estate, Abuja, purchased in 2022 at N136,000,000.00.
No. 27, Efab Estates Avenue, 59th Crescent, Gwarimpa, Abuja, purchased in January 2016 at N120,000,000.00.
A four-bedroom house with two-room boys’ quarters at No. 10B, Doka Crescent, Abakpa GRA, Kaduna, purchased in January 2018 at N40,000,000.00.
Plot No. 13, Ipent 7 Estate, Karsana District, Abuja, purchased in June 2018 at N85,000,000.00.
A four-bedroom duplex with boys’ quarters at No. 12, Yalinga Street, off Adetokunbo Ademola Crescent, Wuse II, Abuja, purchased in October 2018 at N150,000,000.00.
Two warehouse shops, B40 and B46, Wuse Market, Abuja, purchased in July 2020 at N50,000,000.00.
Twin houses at Zone E, Apo Legislative Quarters, Cadastral Zone B01, Plot 14014, Gudu District, Abuja, purchased between February and May 2017 at N250,000,000.00.
Properties acquired by the Khadimiyya for Justice & Development Initiative at Academic Garden City, Birnin Kebbi, sold by the Federal Housing Authority Mortgage.
Nine units of three-bedroom bungalows, three units of two-bedroom bungalows, and 5.4 hectares of land, purchased between February and September 2023 at N187 million.
A Federal Capital Territory (FCT) High Court sitting in Maitama has granted bail to former Chairman of the Code of Conduct Tribunal (CCT), Mr Danladi Umar, in the sum of N100 million with one surety in like sum.
Danladi Umar
Justice Peter Kekemeke granted the bail on Wednesday following Umar’s arraignment by the Economic and Financial Crimes Commission (EFCC) on a four-count charge bordering on alleged abuse of office and conferring undue advantage on himself while serving as Chairman of the CCT and Chairman of the CCT Tender Board.
Umar was arraigned by the EFCC on July 9.
During Wednesday’s proceedings, counsel to the defendant, Mr Sunday Edward, urged the court to admit his client to bail pending the determination of the case, citing relevant provisions of the 1999 Constitution and the Administration of Criminal Justice Act (ACJA).
Edward argued that the defendant was entitled to bail as guaranteed under the law.
However, EFCC counsel, Mr Christopher Mshelia, opposed the bail application, urging the court to deny bail and order an accelerated hearing of the matter.
In his ruling, Justice Kekemeke held that bail could not be denied based on mere suspicion that an accused person might commit another offence if released.
The judge said bail could only be refused on established grounds, including the likelihood of the defendant evading trial or interfering with witnesses.
Justice Kekemeke noted that Umar was no longer in a position to intimidate witnesses, adding that the prosecution failed to provide sufficient evidence showing that he would abscond or interfere with the trial process.
He held that it would be wrong for the court to deny bail based on an unsubstantiated belief.
Consequently, the judge admitted Umar to bail in the sum of N100 million with one surety in like sum.
The court directed that the surety must own a property within the jurisdiction of the court.
The matter was adjourned until Oct. 29 for trial.
Umar served as Chairman of the Code of Conduct Tribunal from 2011 until 2024, when he was removed from office by President Bola Tinubu following recommendations by the National Judicial Council.
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