Nigerian blogger, Jamil Mabai |
A Nigerian blogger who
was arrested last week for writing a controversial blog post is still in
detention without bail.
PREMIUM TIMES report continues:
Jamil
Mabai was in police custody for four days before being remanded in prison by
Magistrate Court in Katsina, which declined to try him.
The
court adjourned the case to September 29 because defence lawyers raised the issue
of jurisdiction of the court.
Mr.
Mabai’s lawyer, Job Israel, had filed two applications, one for his fundamental
human right and another for bail.
The
court is expected to rule on the applications at its sitting on Thursday.
“The
ruling tomorrow will determine whether the law (under which Mr. Mabai is being
charged) is a dead law or an existing law,” said Mr. Israel. “If the case is in
our favour tomorrow, that means Mr. Mabai case is terminated forever. But if
not, we will have to appeal based on our submissions.”
Mr.
Israel says a magistrate court lacks the authority to remand or try Mr. Mabai.
He said the offence his client was accused of was unknown to law.
“Section
36 subsections 4 of the Constitution of Federal Republic of Nigeria 1999 as
amended prohibit a court to try an offence that is unknown to law,” he averred.
Mr.
Mabai is currently being held at the Central Prison in Katsina.
Metal coffins
Mr.
Mabai, who publishes Cliqq magazine, was arrested by officers of the Nigerian
Police on Monday in Kaduna.
He
is a known critic of the Katsina administration led by Governor Aminu Masari.
Mr.
Mabai’s arrest is believed to have been ordered by the governor, a claim the
latter’s spokesperson denied.
A
family friend of Mr. Mabai disclosed the governor was not happy
with his recent post condemning a recent purchase of 3,000 metal coffins for
distribution to mosques in the state.
Mr.
Mabai said by purchasing the coffins, Mr. Masari was simply saying “Katsina
people deserve to die”.
He
also questioned the rationale behind buying the coffins at ₦40,000 each at a
time the government was unable to pay civil servants’ outstanding arrears of
salaries.
Mr.
Mabai was arrested last Monday in Kaduna where he had gone for the Eid el kabir
Sallah celebration.
“The
police followed him from Katsina to Kaduna and arrested him there,” a family
source said.
“When
they picked him up, they first took him to Unguwan Sanusi police station before
they proceeded to Kankara local government area and finally Katsina town.”
Friends
and relatives of the blogger were apprehensive of his whereabouts, until the
police finally charged him to court.
Mr.
Mabai himself posted a tweet saying, “Finally they have taken us to court at
GRA, including one other Social Media activist, Bishir Dauda”.
He
said “as soon as the matter was announced, the judge said he cannot entertain
the matter for lack of jurisdiction”.
He
said the judge ordered that the accused be taken to prison pending when he
would be arraigned at a separate court.
Efforts
to speak with the spokesperson of the Police in Katsina, Salisu Agaida, were
unsuccessful as his phone line could not be reached.
Police Speak
However,
media reports had quoted the state Commissioner of Police, Usman Abdullahi,
explaining why the blogger was arrested.
Mr.
Abdullahi said Mr. Mabai was detained for posting tweets to say the government
bought the coffins because it wanted people to die.
“The
state government complained that Jamil wrote that it had bought 3,000 coffins
and distributed to mosques and may be it wanted Katsina people to die.
“Any
reasonable person will ask one or two questions. This is why we had to invite him
to assist the police,” he said.
When
contacted, the spokesperson to Mr. Masari, Abdu Labaran, denied that the state
reported the blogger to the police.
“To
the best of my knowledge, the state government did not complain about any
blogger to anybody. Unless it is done without my knowledge,” he said.
Mr.
Labaran also said he spent the whole day with the governor on Thursday and “no
mention was made of the arrest or arraignment of anyone on the orders of the
governor.”
Going after bloggers
Also
arraigned alongside Mr. Mabai are Bashir Dauda and Umar Faruq. They were all
accused of writing about the story with the intent to cause civil disturbance
and expose Mr. Masari to public ridicule.
Their
arrest and arraignment is coming on the heels of the arrest and detention two
weeks ago of another blogger, Emenike Iroegbu, on the orders of Governor Okezie
Ikpeazu of Abia State.
Mr.
Iroegbu who publishes Abia Facts Newspaper was accused of defaming Mr. Ikpeazu.
He
allegedly published a story accusing the governor of burying a nine-year-old
boy in the government House, Umuahia.
Another
blogger, Abubakar Usman, was recently arrested and detained by the Economic and
Financial Crimes Commission, EFCC, accused him of “cyber stalking”.
Mr. Usman was released
after much public condemnation.
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