By: Ishola Michael – Gombe
Gombe State Government as well as the State Police Command have been restrained from arresting the publisher of an Online News medium, Daylight Reporters, Dahiru Hassan Kera.
The restraining order was given in a ruling on the case with the suit no: GM/145M/2022, by Justice H. H Kereng of the Gombe State High Court of Justice, warning the state government against arresting the publisher.
The Court ruled that the invitation and threats to arrest the publisher is a breach of his Fundamental Rights, “Especially the provisions of Sections 34, 35, 39 and 41 of the 1999 Constitution (as amended) and the African Charter on Human and Peoples Rights and Universal Declaration of Human Rights.
It further stated that “The continued invitation and intimidation of the Applicant by the Officers/Agents of the 1st Respondent is likely infringement of his Fundamental Rights as enshrined in the 1999 Constitution (as amended).
“The publication by the Applicant of 22 May, 2021 based on the facts stated therein is not pregnant with any criminal offence whatsoever as to warrant the involvement of the 1-4 Respondents or any other police officer whatsoever”.
The court, therefore, ordered the state government and its agents to stop any invitation, threat, arrest, intimidation or harassment of the publisher, “as he has not committed any offence under any Law whatsoever.”
The Court ordered thus, “The Respondents are hereby perpetually restrained by themselves, agents, officers, servants, and/or privies acting on their behalf, from harassing, restricting the movement or freedom of expression, the press and violation of any of his Fundamental Rights as guaranteed under the 1999 Constitution (as amended) in relating to the case in this application”.
Reacting to the ruling, Hassan Kera described the action of the government as undemocratic and a breach of his fundamental human rights as provided by the constitution.
He said that, ‘It’s unfortunate that democratic government is engaging in arbitrary arrest and detention of its critics including journalits and social media influencers. This is undemocratic and clear breach of human rights as provided in the constitution”.
It could be recalled that Gombe State government had declared the Publisher a ‘persona non grata’ in the state as part of an alleged attempts by Governor Muhammad Inuwa Yahaya to gag the press and free speech which has caused apprehension among journalists and the opposition.
Hassan Kera had gone into hiding, after receiving alleged threats from the Governor who vowed to ‘deal’ with him.
The Publisher has joined the list of several other journalists that have either been arrested, harassed or intimidated over trumped-up charges of ‘libel’ and ‘defamation’, after publishing factual ‘investigative’ stories.
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