Amnesty International, SERAP demand release of detained FIJ journalist Ojukwu

Amnesty International Nigeria and the Socio-Economic Rights and Accountability Project (SERAP) have called for the release of a Foundation for Investigative Journalism (FIJ) reporter, Daniel Ojukwu, who was remanded at the Kuje Correctional Centre in Abuja over a series of 2023 reports he authored concerning a presidential aide.

The organisations also want the government to stop the prosecution of Mr Ojukwu and FIJ founder Fisayo Soyombo, over the reports on the expenditure of the Office of the Senior Special Assistant to the President on Sustainable Development Goals (OSSAP-SDGs).

Mr Ojukwu was remanded by the Federal High Court in Abuja on Tuesday after pleading not guilty to 12 counts of cyberstalking and criminal defamation.

The judge, Joyce Abdulmalik, ordered that he remain in custody until 1 December, when his bail application is due to be heard.

Amnesty International made its appeal in a statement posted on Facebook on Wednesday. SERAP posted a similar call on Tuesday.

Amnesty stated that the prosecution raised concerns about the treatment of journalists who investigate allegations of corruption.

“The continued prosecution and detention of Ojukwu appear to be part of a broader pattern of using the criminal justice system to punish journalists for exposing allegations of corruption and holding public officials accountable,” it said.

SERAP urged President Bola Tinubu and the Attorney-General of the Federation, Lateef Fagbemi, to secure Mr Ojukwu’s release and end the use of criminal defamation and cyberstalking charges against journalists for carrying out their work.

The organisation linked the case to FIJ reports published between November 2023 and January 2024, which raised questions about payments of N147.1 million and N47.5 million for classroom construction projects.

One report questioned a N147.1 million payment by the SDGs office to a restaurant for classroom construction in Lagos. Another examined a N47.5 million contract awarded to Tru3 Nigeria Limited, raising questions about the contractor’s status and its alleged failure to mobilise to the project site.

Other FIJ reports examined the failure of solar panels installed at classroom blocks a week after installation and the Economic and Financial Crimes Commission’s forfeiture of N241 million linked to the SDGs office.

SERAP noted that the allegations raised by the reports required explanations from the relevant authorities, not criminal proceedings against the journalists.

“The proper response to investigative reporting that raises questions about public expenditure is to provide explanations, disclose relevant records and, where necessary, investigate allegations of wrongdoing—not to subject journalists to criminal prosecution and imprisonment,” it said.

The charges

The Nigeria Police Force filed the 12-count against Mr Ojukwu and Mr Soyombo. A certified true copy obtained by PREMIUM TIMES showed that the charge was dated 19 September 2024 and concerned four FIJ reports about Adejoke Orelope-Adefulire, a former Senior Special Assistant to President Muhammadu Buhari on Sustainable Development Goals and former deputy governor of Lagos State.

The police accused the journalists of conspiring to commit cyberstalking and criminal defamation.

They alleged that some of the reports were intended to harass Mrs Orelope-Adefulire and cause her to fear death, violence or bodily harm. The police also accused them of knowingly publishing false and defamatory material about her.

Mr Ojukwu pleaded not guilty to all 12 counts read to him on Tuesday.

After the plea, the prosecution, led by Kunle Lawal, asked the court to remand him in custody. His lawyer, Atanda Kayode, opposed the request and drew the judge’s attention to a bail application filed on Monday.

Mr Kayode also asked the court to allow his client to remain on the administrative bail earlier granted by the police, saying he had not breached its conditions.

But Mrs Abdulmalik declined the request, saying the bail application was not yet ripe for hearing. She adjourned the application until December and ordered that Mr Ojukwu be remanded at Kuje.

The prosecution also told the court that Mr Soyombo was at large and requested a bench warrant for his arrest.

The judge refused, saying he had not been brought before her.

Previous arrest

Mr Ojukwu was also arrested by the police in May 2024 over FIJ’s reporting on Mrs Orelope-Adefulire.

He went missing on 1 May, leaving his colleagues and family unaware of his whereabouts. He was later found in police custody, first at the Intelligence Response Team facility in Lagos and subsequently at the Nigeria Police Force National Cybercrime Centre in Abuja.

READ ALSO: Court remands FIJ journalist Daniel Ojukwu over 2023 reports about presidential aide 

The police said his arrest followed a petition alleging a violation of the Cybercrimes Act over his reporting. He was released on 10 May 2024 after 10 days in custody, following public outcry and pressure from rights groups.

SERAP said his latest remand was troubling, given the earlier detention over reports concerning the same former presidential aide. It warned that prosecuting journalists for their investigations could discourage reporting on public spending.

The organisation cited sections 22 and 39 of the 1999 Constitution, as amended, Article 9 of the African Charter on Human and Peoples’ Rights and Article 19 of the International Covenant on Civil and Political Rights as protections for freedom of expression and the media.

It also referred to paragraph 47 of the United Nations Human Rights Committee’s General Comment No. 34, which cautions against the use of defamation laws to restrict freedom of expression. The paragraph urges countries to recognise truth and public interest as defences and consider decriminalising defamation.

Amnesty International called on the government to stop using criminal laws and judicial processes to intimidate or silence journalists, activists and human rights defenders.

“Journalism is not a crime, and exposing allegations of corruption must never be treated as an offence,” it said.