alleged plan to arrest Kassim Afegbua, spokesperson of former Military
Head of State, Ibrahim Babangida by the Nigerian Police Force.
Falana said the Inspector General of Police, Ibrahim Idris has defamed
Afegbua by declaring him wanted like a common fugitive.
The police had declared IBB's spokesperson wanted over a statement he
issued claiming that Babangida was quoted as advising Nigerians to
vote against President Muhammadu Buhari in 2019.
After much controversy, the former military Head of State disclosed
that he authorised Afegbua to release the statement.
Reacting to the statement, Falana, in a statement said, "no criminal
offence known to law has been committed to warrant the action of the
Inspector General of Police".
The statement reads, "Last Sunday, former military President Ibrahim
Babangida issued a press statement through his press secretary, Mr.
Kassim Afegbua. In the statement the former military ruler was said to
have advised President Mohammadu Buhari not to participate in the 2019
presidential election. But in his characteristic manner, General
Babangida promptly disowned the well publicised press statement and
the views ascribed to him by Mr. Afegbua. Since this is not the first
time that General Babangida has disowned controversial statements made
by him Mr. Afegbua ought to have been more circumspect in issuing this
particular statement.
"However, notwithstanding that the retired General has dissociated
himself from the statement the Inspector-General of Police, Mr.
Ibrahim Idris has declared Mr. Afegbua wanted for alleged "character
defamation". By declaring Mr. Afegbua when he has not failed to honour
the invitation of the Police the Inspector-General of police has over
reached himself. It is undoubtedly that it is the Inspector General of
police who has defamed Mr. Afegbua by portraying him as a fugitive
from the law. Therefore, Mr. Idris is advised to withdraw the
offensive declaration without any further delay.
"Having regard to the facts and circumstances of the issuance of the
public statement by Mr. Afegbua and the denial by General Babangida it
ought to be pointed out that no criminal offence known to law has been
committed to warrant the action of the Inspector General of Police.
More so, that both General Babangida and President Buhari have not
complained that the controversial press statement has defamed them. In
fact, if the statement is considered defamatory whoever is injured
would have to institute a civil suit where he will be required to put
his own reputation in issue. In Arthur Nwankwo v The State (1985) 4
NCLR 228, the Court of Appeal had cautioned public officers in Nigeria
to desist from invoking undemocratic laws which were introduced by the
erstwhile British colonial regime to harass or intimidate their
political opponents. According to Olajide Olatawura JCA (as he then
was of blessed memory):
"The decision of the founding fathers of this present Constitution
which guarantees freedom of speech which must include freedom to
criticize should be praised and any attempt to derogate from it except
as provided in the Constitution must be resisted. Those in public
office should not be intolerant of criticism. Where a writer exceeds
the bounds there should be a resort to the law of libel where the
plaintiff must of necessity put his character and reputation in
issue."
"Since General Babangida has now turned round to insist that he
authorised Mr. Afegbua to issue the controversial statement it is
hoped that he will be prepared to say so in a criminal court. His
testimony will go a long way to destroy the criminal case which the
Inspector-General intends to institute against Mr. Afegbua. However,
the Inspector-general of Police should be advised not to popularise
the discredited views of both Generals Olusegun Obasanjo and Ibrahim
Babangida who failed woefully to institutionalised democracy, rule of
law, human rights, self reliance and probity during the 20 years that
both of them had ruled the country."
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