Buhari to call the Inspector General of Police, Ibrahim Idris, to
order.
Ogunye said Idris's decision to declare Kassim Afegbua wanted for
releasing a statement on behalf of ex-military ruler, Ibrahim
Babangida, was improper.
He said the media aide to former dictator had done nothing wrong that
could lead to him being declared wanted like a criminal.
His letter reads in full:
The Inspector General of Police, Ibrahim Idris, must be called to order.
At this point under the Buhari Administration, we really must ask the
question whether the affairs of State have become so rudderless that
any official of State in the Executive Branch of Government at the
centre can do anything without being called to order.
I have read in the print media today that the Inspector General of
Police in Nigeria, Ibrahim Idris, has declared Kazeem Afegbua wanted
and ordered his immediate arrest over the statement he issued on
behalf of former military President of Nigeria, Ibrahim Badamasi
Babangida, IBB, as the Media Adviser.
The statement declaring him wanted states, "the IGP has ordered the
arrest of Kashim Afegbua for making false statements, defamation of
character and for an act capable of instigating public disturbance
throughout the country."
For us, this is not about Kazeem Afegbua. It is about the dangerous
road to civilian dictatorship that our much raped and abused country
is, again, taking; by this action of the IGP to kill the right to
freedom of expression.
We are not so much interested in what IBB said or what he didn't say.
It is the brightness of the day that brings forth the adder. We are
concerned about the role the police is now being allowed to play in
our "democracy." The Sunday Adewusi's reckleness in the Nigeria Police
Force of the Shehu Shagari's Second Republic is a terrible example
that the Police Force must not be allowed to re-enact
Giving false information to the police is a criminal offence. But
Afegbua's statement was not made to the police. It was an opinion that
he and his principal have the right to make in a democracy, under the
rule of law. Even if Babangida were to unequivocally deny the
statement, and goes ahead to lodge a "criminal complaint" about its
falsity with the police, that step would not, in law, make Afegbua's
"false statement" a criminal act.
For the alleged offence of "defamation of character", it is our view
that even if Afegbua's statement were false in every material
particular and it has put words that IBB did not intend to utter in
IBB's mouth, and so the published words allegedly are deemed have
brought IBB into public disrepute and opprobrium, the police cannot
exercise the right to sue for defamation of character (libel) on
behalf of IBB. IBB and the police are not one and the same. The
assumed libel, in the circumstances, is a tort. A civil wrong. Not a
criminal act.
In case the IGP is keen on improving on his personal scores-settling
credentials and precedents with Senator Misau, by latching on to the
colonial statutory relic of "criminal libel or defamation, or
sedition," the case law in Nigeria today is that the offence of
sedition against "those in authority and power" is unconstitutional,
being a criminal offence that curtails the wholesome enjoyment of the
fundamental right to freedom of expression and the press. We refer
here to the Court of Appeal' decision in Chief Arthur Nwanko v The
State, 1985, 6 NCLR, 228, and other similar decisions .
In any case, we must ask the IGP, whose interest is he protecting? Is
it the interest of President Buhari? Was President Buhari criminally
defamed by the statement? Was he? And did he give a directive that
Afegbua be arrested?
Is the action of the IGP overzealous to please the president, or are
we to assume that a replacement for the IGP is already on the table
and the IGP has to work this extra hard to dissuade consideration for
his replacement?
This questions become necessary in the light of the recent unwarranted
arrest of the Bring Back our Girls crusaders. The similarity of the
knee-jerk approach is too glaring to miss.
And for the nebulous charge of committing "an act that is capable of
instigating public disturbance throughout the country," we are lost
for words.
We have read the statement of Kazeem Afegbua, issued purportedly on
behalf of IBB. Using the test of "the reasonable man" we are not able
to come to the conclusion that the statement is capable of instigating
public disturbance in the country.
Only recently after the killings in Benue State, the IGP, in a
careless manner that could further escalate the unfortunate pogrom in
that state, tagged the killings in Benue a "communal crisis," in a
blatant exoneration of the parties that had come forward to own the
mayhem.
That statement of the IGP was a good example of a speech that could
cause public disturbance.
We hereby call for the withdrawal of the police declaration. It is
offensive and undemocratic.
Can our silent president call the IGP to order, please!
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