The Managing Partner, ABOPE Chambers, Femi Aborisade, has called on President Bola Tinubu to order the State Security Service (SSS) to release a former Chairman of Trade Union Congress (TUC), Andrew Emelieze, from its custody.

The security agency had last week detained Emelieze.

In a statement made available to journalists in Ibadan, Aborisade said the four-count charge against Emelieze was nothing but an attempt at criminalising democratic rights of peaceful protest and freedom of expression.

Aborisade said: ?On 8/7/2025, at about 11am, the State Security Services (SSS) popularly known as Department of State Security Services (DSS) served my client, Comrade Andrew Emelieze, Charge No. FHC/IB/47C/2025, in the presence of a lawyer from our law office, Mr. Yusuff Akinola. Comrade Andrew immediately handed over the Charge sheet to Mr. Akinola. The four-count Charge against Andrew is nothing but an attempt at criminalising democratic rights of peaceful protest and freedom of expression.

?We call on President Bola Ahmed Tinubu who also contributed to resisting military dictatorship to direct the SSS to release Comrade Andrew Emelieze from detention without further delay.

?Count one of the Charge is a complaint that Comrade Andrew Emelieze ?issued statements that is (sic!) injurious to President of Federal Republic of Nigeria?, purportedly contrary to Section 50(2)(a) of the Criminal Code Act but essentially alleging that Comrade Andrew committed seditious acts.

The Court of Appeal in the case of Arthur Nwankwo v. The State (1985) 6 NCLR 228, has declared any provision of any law that constrains freedom of speech to be unconstitutional. According to the Court, per Olatawura JCA,

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.??

?Count two is an allegation that Comrade Andrew threatened to invade Aso Rock and protest against tyranny, an act purportedly contrary to Section 24((1)(b) of the Cybercrime Act. The threat of carrying out peaceful protests with placards is a fundamental right that should not be criminalized. The Security agencies should confront armed terrorists and bandits, not peaceful protesters like Andrew Emelieze whose only ?weapon? is open street rallies, placards, press statements and active social media presence.

?Count number three is an allegation that Comrade Andrew assembled some people at the Oyo State Secretariat in Ibadan ?to cause fear and disrupt peace? allegedly ?contrary to Section 24(1)(b) of the Cyber Crime Prohibition Prevention Act 2015 ??.

?We need to point out to the SSS that Section 24 of the Cybercrime Act, which previously criminalized freedom of speech has been amended and it now provides against knowingly sending pornographic material and false information intended to cause breakdown of law and order. No stretch of imagination can bring peaceful protests and rallies guaranteed under Section 40 of the Constitution within the Cybercrime Act.

The fourth count of the Charge is a complaint that Comrade Andrew Emelieze ?resisted/declined invitation by operatives of the Department of State Services?. However, it is on record that Comrade Andrew has always willingly honoured invitations by the DSS. On 3/7/2025, our Mr. Yusuff Akinola accompanied Comrade Andrew to the DSS premises. He has been under their custody ever since without access to his lawyers, until today, 8/7/2025?.

According to Aborisade, the DSS obtained an ex-parte order of the Chief Magistrate?s Court on 4/7/2025. The court granted the prayer of the DSS and ordered Comrade Andrew Emelieze to be remanded ?in custody of the Nigerian Correctional Services (NCoS), Agodi, Oyo State for fourteen (14) days pending the conclusion of investigation and eventual arraignment at the appropriate Court for cyber crime related offence?.

The human rights activist said it was unfortunate that instead of being remanded in Agodi Correctional Centre, as ordered by the Court, Emelieze is still being detained in the custody of the DSS.

He added: ?We call on the DSS to obey the order of the Court and take Comrade Andrew to Agodi Correctional Services so he may enjoy visitation rights by family, friends and comrades.

?The Charge sheet served on my client is accompanied with the ?Affidavit of Completion of Investigation?. That being the case, in accordance with the order of the Court, we call on the DSS to speedily arraign Comrade Andrew Emelieze so we can apply for his release on bail.

?Comrade Andrew Emelieze fights for the welfare of workers and the poor. He is not a terrorist. He is not a bandit. He is a peaceful man concerned with the plight of the poor. He is a man driven by transformative ideas, not weapons. Release him now?. (The Guardian)

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