A Gombe State High Court has restrained the Gombe State Government and the police from arresting Dahiru Kera, the publisher of an online news medium, Daylight Reporters.
The Governor Inuwa Yahaya led-administration had earlier declared the publisher a ‘persona non grata’, in an alleged attempt to gag the press and the opposition in the state.
Mr Kera subsequently went into hiding, after allegedly receiving threats from the governor who vowed to ‘deal’ with him.
In his ruling on the case with the suit no: GM/145M/2022, the presiding judge, H. H Kereng, stopped the state government and the police against arresting Mr Kera.
The court declared 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.
The ruling 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 order, the publisher described the action of the government as undemocratic and a breach of his fundamental human rights as provided by the constitution.
He said: “It’s unfortunate that democratic government is engaging in arbitrary arrest and detention of its critics including journalists and social media influencers. This is an undemocratic and clear breach of human rights as provided in the constitution”.
