THE STATE OF HUMAN RIGHTS IN NIGERIA 2005 - UNDP Nigeria ...

The perpetrators of these violations are the federal and state governments who continue to impose thetaxes, thereby making production of these materials very expensive and unaffordable to members ofthe public.Our findings showed that the right to hold opinions and to receive and impart ideas and informationwithout interference as contained in Section 22 and 39 of the 1999 Constitution of the Federal Republicof Nigeria has been greatly violated since 1999.On the June 14, 2006, Gbenga Mike Aruleba, a television journalist with African IndependentTelevision (AIT) was arrested from his office, at Kpaduma Hill, Asokoro District, Abuja, at about9.30 a. m, by six men from the State Security Service (SSS) in Abuja. He was arrested inconnection with a discussion that took place on 13 th June 2006, on the programme, “Focus Nigeria”,which he anchors on AIT. The subject of the discussion was the purchase of a presidential jet for theuse of the President of Nigeria. The plane was speculated to be a used aircraft and purportedlypurchased at an inflated price.Mr. Aruleba was arrested without warrant, allegedly on the orders of Col. Kayode Are, the DirectorGeneral of SSS. He was detained in an under­ground cell in the premises of the State Security Service,Maitama, Abuja, for more than 24 hours and was eventually released at about 6.30 p. m. on 15 th June2006. He was instructed to report to the SSS office every Monday. When he reported as instructed onMonday, 26 th June, 2006, he was detained and charged to court the next day, 27 th June, 2006, togetherwith Rotimi Durojaiye, a reporter with the Daily Independence Newspaper, who had been arrestedearlier that day in Lagos and flown to Abuja, in connection with the aircraft story as published by thenewspaper. They were charged before the Federal High Court, OAU Quarters, Asokoro Abuja, presidedover by Justice Babs Kuewumi for the offences of Conspiracy, and Seditious Publication with intent tobring to hatred and contempt or excite dissatisfaction against the person of the President of the FederalRepublic of Nigeria, contrary to Section 51(2) of the Criminal Procedure Act, an offence which attracts ajail term of 2 years or an option of N2000 fine. The two journalists were denied bail on the ground thatthe bail application argued by their lawyers was not written but oral. The Judge ordered that they beremanded in the cell of the State Security Service and be presented in court on the 29 th June 2006.They were granted bail on 29 th June 2006, upon formal application by their lawyers in the sum ofN500,000.00 each, with sureties, and required to deposit their International Passports with the Court.Meanwhile, in a decided case, State Vs. Ivory Trumpet Publishing Ltd & 3 Ors (1984) 5 NCLR pages736 @ 756, Justice Alpha Belgore JCA as he then was, had made a pronouncement that the law ofSedition as contained in Section 51 (2) of CPA is obsolete and therefore not applicable in the modernday Nigeria. By this statement, the Learned Judge pronounced the law of Sedition dead.Investigation revealed that the Management of AIT had rendered unreserved apology to the FederalGovernment in respect of the publication through their medium consequent upon which the matter waswithdrawn from Court by the Government.On March 10, 2006, at about 16.30 hours, a team of operatives from the SSS office in Kadunastormed the office of 65 year old Adamu Sambo, a publisher, at No. A15 Katari Road, Barnawa,Kaduna. They insisted that he should sign a warrant of search that they had come with. Theyproceeded to seize about 3,000 copies of a book entitled “Obasanjo, the Lust for Power and its TragicImplications for Nigeria” written by Prof. Abubakar Sadiq, a lecturer at Ahmadu Bello University, Zaria.The book condemns President Obasanjo’s speculated ambition for a third term in office. The operativesseized other items including computer diskettes, private letters, articles and other materials written by52