Kaduna Govt Justifies Prosecution of Odinkalu, Maikori

John Shiklam

The Kaduna State Government has said statements that could incite violence should not be categorised as freedom of speech.

The government is currently in court with a former Chairman of National Human Rights Commission (NHRC), Prof. Chidi Odinkalu, and the President of Chocolate City Entertainment, Audu Maikori, who were both accused of inciting the public against the government.

A group of lawyers had petitioned the Nigerian Bar Association (NBA), seeking the withdrawal of the invitation of Governor Nasir el-Rufai as a speaker at the annual conference of the association.

The petitioners had accused the governor of violating human rights, citing the cases of Odinkalu and Maikori as examples of breach of rights to freedom of speech.

But in a statement issued yesterday, Kaduna’s AttorneyGeneral and Commissioner of

Justice, Aisha Dikko, said the government has never disregarded court processes.

She also accused the petitioners of personalising an issue, which the state government is handling.

“A government that goes to court as the proper arena for deciding cases cannot be reasonably accused of not respecting the rule of law. Those who assert the contrary have the burden of showing how the rule of law can be advanced without the courts and whether society is better served by permitting license, or confusing incitement with freedom of speech,” the statement read.

“In the case with Odinkalu, the government said on the February 16, 2019 while on Channels TV, he made serious allegations against the governor of Kaduna State which were capable of inciting disturbance and the breakdown of law and order in the state.

“Consequently, the Director of Public Prosecutions, Ministry of Justice filed an application before the Chief Magistrate Court No.1

Ibrahim Taiwo Road, Kaduna State with case No. KMD/27DC/2019 for the issuance of criminal summons against Chidi Odinkalu for committing the offences of inciting disturbance, injurious falsehood, public nuisance and furnishing false information punishable under sections 77, 373, 104 and 150 respectively of the Penal Code Law of Kaduna State, 2017

“The DPP applied for an order of the court for the police to investigate the allegations against Mr. Odinkalu and report the outcome of the investigations to the court, an application that was granted by the court which ordered the police to investigate the case.”

The government said a counter action filed by Odinkalu had stalled the trial before the chief magistrate court (1) in Kaduna.

On Luka Binniyat and Audu Maikori, she said “both cases are before the Kaduna State High Court 2 with Charges Nos. KDH/KAD/41C/2017 and No. KDH/KAD/38C/2017 respectively”.