exercising his constitutional and internationally recognised right to freedom of expression.”
Mr Usman was
arrested for alleged cyber-stalking of the EFCC Chairman, Mr. Ibrahim Magu.
But
in a statement on Tuesday, by SERAP Executive Director, Mr. Adetokunbo Mumuni,
the organisation said: “This action by the EFCC is unequivocally contrary to
both section 39 of the 1999 Constitution of Nigeria (as amended) and article 19
of the International Covenant on Civil and Political Rights to which Nigeria is
a state party.
The EFCC must now immediately and unconditionally release Mr
Usman and drop all charges against him. “Nigeria’s constitution guarantees
freedom of expression.
Under international law, everyone has the right to
freedom of expression, including freedom to seek, receive, and impart
information and ideas of all kinds, regardless of frontiers, either orally, in
writing or in print, in the form of art, or through any other media of his
choice. SERAP believes that no one should be arrested simply for criticising
public institution or public figures.
“The EFCC and indeed all public
institutions should proactively encourage freedom of expression to enhance
their ability to fight corruption but also to maintain the sanctity of the
constitution and Nigeria’s international obligations and commitments.
There are
many whistle-blowers out there that can be of immense support to
anti-corruption agencies and contribute to the effective discharge of their
statutory mandates to prevent and combat corruption.
“Nigerians should be
allowed to talk freely without threats of arrest or harm. “SERAP will be taking
legal action to challenge the constitutionality of the ludicrous Cyber Crime
Act which is now being regularly used to undermine the effective enjoyment of the
right to freedom of expression in Nigeria.
“In 2011, the United Nations Human
Rights Committee issued guidance to states parties including Nigeria on their
free speech obligations under article 19 that emphasized the high value that
the International Covenant on Civil and Political Rights places upon
uninhibited expression in circumstances of public debate concerning public
figures in the political domain and public institutions.”
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