By TINA TIMOTHY

The Human Rights Writers Association of Nigeria (HURIWA) has asked the Economic and Financial Crimes Commission (EFCC) to immediately release the Director-General of the Voice of Nigeria (VON), Mr. Osita Okechukwu, or charge him to court without further delay.

HURIWA made the Demand in a statement issued on February 4, 2022 and signed by its National Coordinator, Comrade Emmanuel Onwubiko.

The statement reads: “It is unfortunate that the EFCC is carving a niche for itself as an agency of government that picks and chooses who to arbitrarily detain for a long period of time and who to release as soon as possible. This arbitrariness is illegal and unconstitutional and must be stopped forthwith.”

HURIWA said that Mr Osita Okechukwu has been in EFCC custody for almost one week without the commission giving reasons for his detention, adding: “This violates his fundamental human rights.

“The EFCC has become notorious for detaining alleged offenders from the southern part of the country longer than necessary but easily releases accused persons from the Muslim North.”

This discriminatory practice, HURIWA maintained, contravenes section 42 (1) of the constitution which prohibits discrimination against any Nigerian on the grounds of ethnicity, race, religion, amongst others.

“The EFCC has not said the reason why Mr. Osita okechukwu has been kept under detention for close to a week against constitutional norms and provisions. It is sad that some reactionary elements in the judiciary, masquerading as judges, are aiding and abetting violations of fundamental human rights of the Nigeria citizens by the EFCC.

“Why, for instance, will judges grant ex parte orders in their Chambers to enable EFCC keep citizens for weeks unending? What then is the import of presumption of innocence which is a fundamental part of our jurisprudence?” the group queried.

“It is said that the EFCC uses ‘kangaroo” or ‘Jankara Market” court injunctions to arbitrarily detain citizens longer than the constitution stipulated,” it added.

Quoting various sections of the Nigerian Constitution in relation to the rights of the Director General VON, the statement said: “The grund norm says thus: “Every person who is charged with a criminal offence shall be presumed to be innocent until he is proved guilty; Provided that nothing in this section shall invalidate any law by reason only that the law imposes upon any such person the burden of proving particular facts.”

“Detaining Osita Okechukwu arbitrarily and indefinitely violates Constitutional provision in Section 34 which gives him right to respect to his human dignity. Section 36 a person shall be entitled to a fair hearing within a reasonable time. Personal liberty connotes right to freedom from wrongful or false imprisonment, arrest, or any physical restraint whether in any common prison, or even in the open street without legal justification.

“In The Administration of Criminal Justice Act in Section 6, it has eradicated Arbitrary Arrests of Suspects by the Police/EFCC, and they now are mandated to notify a Suspect of their Right to a Legal Representation, and can no longer take Statements without a Lawyer present or any other Person of the Suspect’s choice. The Act also provides for the Right of the Suspect to Free Legal Consultation by the Legal Aid Council of Nigeria where the Suspect cannot afford one.

“Gone are the days when the Police or EFCC will arrest a Suspect without notifying their Relation, because the Act has made it mandatory for the notifications of Suspect’s Next of Kin at no Cost. The Administration of Criminal Justice Law (Rivers-State) specifically provides for Interpretation in the Language the Suspect understands, and also extended further the Notification of Arrest to the Suspect’s Friend, in Section 6(3) (v) ACJL (Rivers-State).

“The rule of law is the pillar of constitutional democracy and according to section 1 (1) of the 1999 constitution 1. (1) This Constitution is supreme and its provisions shall have binding force on the authorities and persons throughout the Federal Republic of Nigeria;

“HURIWA hereby calls on the EFCC to release forthwith the DG of VON, Chief Osita Okechukwu, or produce him in the competent court of law to prosecute him legally because Nigeria is not a Banana Republic.”

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