PRESS FREEDOM: Following the invasion of the residence and controversial arrest of Agba Jalingo from his Lagos home on Friday, the activist has now being released on bail according to sources from the Nigerian police.
BASIC FACTS
- Agba Jalingo was on Friday arrested from his resident in Alakpere area of Lagos in a gestapo style invasion where his family was allegedly held hostage, according his social media post.
- The police have confirmed his arrest and the reason why his house was invaded in the way and manner of his arrest, and have also confirmed his subsequent release on bail.
- According to the police Agba Jalingo was arrested for false accusation, an issues that largely bothers on the realm of civil law, and should ordinarily not have connection with the police.
WHAT WE KNOW
According to The Federal Capital Territory Police Command on Saturday night, the journalist and publisher of CrossRiver Watch, Agba Jalingo, who was arrested at his resident in Lagos State was released from their custody at exactly 10:00pm Saturday.
The journalist was however asked to report back to the Police Command on Monday.
The command had confirmed Agba Jalingo detention and stated that investigation was ongoing over some petition written against him by one Elizabeth Ayade, who is said to be a relation of the current governor of Cross River State, Ben Ayade.
The police source have explained that the petition against the publisher is about the publication of an alleged false information about the academic qualification of the said Elizabeth Ayade.
NOTABLE QUOTE
Police spokesman, Adeh said:
“On Saturday, August 20, 2022, Agba Jalingo was arrested by State CID operatives in response to a petition filed against him by one Elizabeth Ayade.”
“He was arrested over a false allegation, claiming that she paid one Mr Pascal to write an examination for her at the law school.”
“Upon the receipt of this petition, we went ahead to invite Mr Jalingo, but he refused to come, leaving the police no option but to secure an arrest warrant, which was why he was arrested in Lagos.”
“Investigation is currently ongoing, and the unraveled facts will be communicated subsequently.”
Jalingo’s legal counsel, James Ibor, who spoke to our correspondent, noted that his relatives and friends have been apprehensive, especially since the police in Abuja had earlier denied having him in their custody.
The lawyer, Jame Ibor said: “We’ve been apprehensive. His family and friends have been apprehensive since he was arrested, but we became more apprehensive when the police authorities in Abuja denied receiving him hours after he left the Airport in Lagos.”
“This should not be happening in a country that has laws. Why would you arrest a journalist without inviting him over a publication he made?”
“The police in Abuja later confirmed that they’ve received him, and we hope that they’ll release him.”
FLASHBACK
Clariform recalls that Agba Jalingo had on Friday raised an alarm that his Lagos residence was being invaded by policemen who held his wife and daughter hostage.
He later showed up and was reportedly arrested and detained at Alapere Police Station, Lagos.
Violet Agba, wife of the journalist and activist confirmed this to our correspondent on Friday evening.
She noted that the police had planned to transfer the activist to Abuja on Saturday morning.
She said: “They took him to the police station, he will be moved to Abuja tomorrow morning.”
The wife claimed that Jalingo was being arrested for alleged defamation of character of the wife of Frank Ayade, the brother of the Governor of Cross River State, Ben Ayade.
Speaking further she added: “We asked them for an arrest warrant or charge sheet, but they didn’t present it to us. They only told us that he’s been invited for defamation of character of Frank Ayade’s wife.”
REACTION FROM CIVIL SOCIETY
Meanwhile, an advocacy group, Rule of Law and Accountability Centre called for an immediate release of the Cross River State activist and journalist, Agba Jalingo.
RULAAC urged the Nigerian police to desist from being influenced by politicians, saying the arrest of the journalist and his family members was unlawful and would further tarnish the image of the police.
It noted their action could be translated to a violation of fundamental rights which was contrary to the provision of the constitution.
Okechukwu Nwanguma, RULAAC’s Executive Director made this call in a statement on Saturday where he explained that only the courts possessed the right to determine whether or not an act was defamatory.
According to the statement: “Who knows the motive of those who besieged his office in Calabar since they didn’t appear to be police officers and took flight upon sighting security agents?”
“RULAAC has spoken with sources close to Agba Jalingo who revealed that Agba Jalingo was never invited by the police before they besieged his house in such Gestapo fashion.”
“Police should avoid portraying themselves as available for hire by politicians or other persons of influence to be used to settle scores. It is not helping the battered image of the police.”
NEWS ANALYSIS
Clariform would note from the available reports that the Nigerian police or specifically, the Federal Capital Territory Police Command may not have arrested the publisher of the CrossRiver Watch lawfully as it has claimed in its press release.
The law requires a warrant of arrest before such a brazen invasion of a citizen`s residence and his arrest can be effected.
We note that the police now claims that they obtained an arrest warrant “which was why he was arrested in Lagos.” This is now the claim of the police spokes person.
However Agba Jalingo`s wife have also confirmed to media sources that “We asked them for an arrest warrant or charge sheet, but they didn’t present it to us.”
She went further to say that the police “only told us that he’s been invited for defamation of character of Frank Ayade’s wife.” In other words, no arrest warrant was presented or even admitted by the police officer to exist during the home invasion and arrest.
That takes us to another very pertinent issue in the matter, which is the petition itself, which bothers on the defamation of character.
Without looking at the personalities of those involved, especially the writer of the petition, we can interrogate the matter on its merit. Defamation largely bothers on the realm of civil law, which has no connection with the police.
So, the questions could be asked:
Why did the petitioner not approach the court of law with the facts and evidence of her claim to seek for remedy?
Why approach the police instead, and sponsor the invasion of Agba Jalingo`s home in such a brazen manner as if he was a common criminal?
