Travail of Kogi journalist detained in DSS custody
From Itodo Daniel Sule, Lokoja
For Mr Friday Ogungbemi, publisher of the Kogi based magazine, The Policy and Lawmakers, the experience of November 30 with the operatives of the Department of State Security Services (DSS) in Lokoja would unarguably continue to haunt him for a long time to come.
On that fateful day, Mr Ogungbemi had retired home for the day and was in his shorts and singlet relaxing with his family members when a call came in at about 6pm, asking him to come to the popular Ganaja Junction in Lokoja metropolis.
Not sensing any danger, Ogungbemi went out to meet the person while still in his singlet and shorts and was in the process picked up and taken to the DSS facility in Lokoja where he was kept incommunicado for about seven days with without being ared to court.
The travail of Ogungbemi was linked to an article in the latest edition of his magazine published on November 23 in which the Chief of Staff to the Governor, Mr Edward Onoja, was reportedly described as being “overzealous” and acting as “governor extraordinaire”.
It was learnt that the government had allegedly viewed the said article as offensive hence the arrest and incarceration of the journalist.
When news of Ogungbemi’s detention filtered in the following morning, his colleagues at the Kogi State Council of the Nigeria Union of Journalists (NUJ) made frantic efforts to secure his release but to no avail.
Kogi NUJ chairman, Comrade Ali Atabor, and Secretary, Adeiza Momoh Jimoh, in a statement issued in Lokoja on December 3, condemned the continued incarceration of the journalist without being charged to a court of law.
“The union frowns at the unfortunate activities of the DSS in making itself a tool in the hands of the Kogi State government,” the statement added.
The union, while demanding for his unconditional release, also directed its members to boycott government activities until the demand was met.
In a communiqué issued after an emergency congress of the NUJ in the state on December 5, the union condemned in strong terms the continued detention of the publisher describing it as flagrant disregard for the fundamental rights of Ogungbemi.
“That the state council, having exhausted all the avenues to secure the release of the journalist, called on the DSS in Kogi State to ensure his release without further delay as his arrest amounts to abuse of his fundamental human rights,” it said.
The congress also unanimously adopted a motion to stage apeaceful protest to relevant stakeholders to press for the release of the journalist.
On December 6, the union approached a Federal High Court in Lokoja to file a suit challenging the DSS over the continued incarceration of its member.
Earlier the same day, wife of the detained journalist, Mrs Comfort Friday Ogungbemi, had raised alarm over the health of her husband following his continued detention without access to his drugs.
Mrs Ogungbemi, who broke down in tears while speaking to journalists at the NUJ Press Centre, lamented that her husband was having terminal ailments and had been on drugs prior to his arrest and detention on November 30.
She expressed concern that denying her husband access to his drugs under his present condition would amount to “sending him to an early grave”.
She lamented that her husband was arrested wearing only knickers and singlet and that the family members pleaded to no avail to the DSS operatives to allow him wear proper clothes when they brought him back to the house on December 1 for a search.
She said copies of the magazine and some items were later removed from the house.
The mother of six said the entire family had been traumatized since the incarceration of her husband, adding that their ordeal was further compounded as the DSS barred them and other relatives from having access to him.
According to her, three of the children could not write their secondary school exams which started on Monday due to the trauma the family has been thrown into in the past six days.
“Our last born, Ayo, has particularly been restless and sick as he calls ‘daddy’ intermittently,” she said.
She expressed fear that her husband may have been subjected to series of torture at the DSS facility and appealed for his unconditional release.
But later the same day, the DSS eventually arraigned the journalist before a Lokoja Chief Magistrate’s court.
Ogungbemi was arraigned in the evening of Tuesday December 6, over an alleged offensive publication against Mr Edward Onoja, Chief of Staff to Kogi State governor, Alhaji Yahaya Bello.
The Chief Magistrate, Alhassan Husaini, in his ruling on arraignment of the publisher said the issue of bail pending trial was a constitutional right of an accused person.
‘’This is by virtue of Section 36(5) of the constitution and Cap C 23 of the Laws of the Federation of Nigeria (LFN) 2004,’’ he said.
Husaini added that once an application had canvassed facts such as to sway the mind of the court to grant bail in favour of the accused where the offence is bailable, it became more compelling to grant such bail.
“This fact makes the granting of relief sought in my view, more compelling. In the light of the foregoing, the accused person is hereby released on bail in the most liberal terms as follows.
“That the accused is hereby released on bail in the sum of N20,000 and a surety in like sum,’’ he said and adjourned the case to December 20, for hearing.
The prosecuting counsel, Mohammed Abaji, of the state Ministry of Justice, earlier in his application prayed the court to take cognizance of the offence of defamation contrary to Section 393 of the Penal Code preferred against the journalist.
Abaji averred that Ogungbemi, on or about 23rd November 15th December 2016 in Lokoja published an ‘’imputation concerning Edward Onoja, Chief of Staff and His Excellency Yahaya Bello, governor of Kogi State.’’
The prosecution said the publication was defamatory having a caption, ‘’Overzealous Chief of Staff Acts Governor ExtraOrdinaire’’ and also imputed that ‘’Edward Onoja is over ambitious and power drunk.’’
Abaji argued that the said publication intended to harm the reputation of Onoja.
Ogungbemi who pleaded not guilty to the charge, told the court that his counsel must be in court for his trial to commence and having no objection, the court granted a 20-minute stand down.
On resumption of sitting, Mu’azu Abbas, counsel to the journalist applied for the bail of his client pursuant to Section 36(5) of the constitution emphasising his innocence until proved otherwise.
Ogungbemi, who spoke to Daily Trust on Sunday after he was granted bail, said he was never subjected to any torture or molestation while in custody of the DSS.
He thanked his colleagues and leadership of the NUJ, both at the state and national levels, for standing by him.
Meanwhile, the Director General Media and Publicity to the Governor of Kogi State, Mr Kingsley Fanwo, has distanced the governor from reports that he ordered the arrest of Ogungbemi.
Fanwo said security agencies were free to operate within the purview of their mandate to ensure peace and security in the state.
“The administration of Alhaji Yahaya Bello wishes to place on record, its respect for the principle of free press under which the citizenry can express their views without molestation.
“The governor has not and will not order the arrest of any journalist who is doing his or her legitimate job. The media is our partner in progress and our government will continue to collaborate with the media for development.
He said the governor had always identified with the NUJ in order to ensure that journalists who operate in the state are not exposed to any form of molestation or harassment, saying no society can grow without the support of the press.
When asked about the publication that led to the arrest of the journalist, Fanwo said the governor didn’t need to direct security agencies before they did their job.
“The DSS are not under the control of the governor. They are here to mitigate any form of threat to peace and security and if they consider anything an attempt to breach the peace, they are free to intervene to ensure peace and orderliness in the society.
“I am also aware that the national leadership of the NUJ has opened discussions with authorities in the state to explore means of intervention to secure the release of the arrested journalist. The governor will always be prepared to render assistance to media practitioners in the state,” Fanwo said.