The Muslim Rights Concern (MURIC) considers the continue detention of Tony Ezimakor without arraigning him in a competent court of law as draconian, tyrannical, illegal, unlawful and unconstitutional. MURIC in a statement signed by its Director, Prof Ishaq Akintola demanded for the immediate and unconditional release of Tony Ezimakor.
MURIC stated that Section 23 of the Police Act stipulates that suspects cannot be detained beyond 24 hours after which the person should be charged to court in conformity with the basic constitutional rights of citizens. MURIC added that DSS as a security agency,should not consider itself excluded from this provision, the group maintained that doing otherwise will amount to impunity and an encroachment on Allah-given fundamental rights of a Nigerian citizen.
MURIC also quoted Section 36 of the 1999 constitution of the Federal Republic of Nigeria which guarantees right to fair hearing and said that only a court of competent jurisdiction can establish the judicial principle of audi alterem partem.
“We therefore demand that Ezeakor be brought to court of the DSS has anything against him.”MURIC urged.
The Abuja Bureau Chief of The Independent Newspapers, Mr. Tony Ezimakor,was arrested by the Department of State Security (DSS) four days ago. He has since been in detention.
MURIC further reminded the DSS of the stipulations of Article 4, Clause 1 & 2 of the African Charter on Human and Peoples’ Rights which guarantees the integrity of every homo sapien: “Human beings are inviolable. Every human being shall be entitled to respect for his life and the integrity of his person.”
“In addition, Article 7(b) of the same African Charter on Human and Peoples’ Rights stipulates the right to be presumed innocent until proven guilty by a competent court or tribunal. We therefore put it to the DSS that Tony Ezeakor remains innocent and the DSS cannot unilaterally pronounce him guilty.
We warn that Tony Ezeakor has a health condition as an hypertensive individual and further detention is most likely to worsen his condition. Furthermore, the DSS should not do anything likely to damage the good name of the Buhari administration particularly in international circles.
As the DSS is very much aware, the maltreatment of journalists amounts to the stifling of sources of information, undue censor, repression of activists and suppression of freedom of speech. All these are likely to create minuses in the human rights record of the present regime. Tony Ezemakor must therefore be set free with immediate effect otherwise he must be arraigned before a competent court of law.” MURIC warned.