FOUR months after the alleged handover of a female Islamic teacher to a mob, leading to her death, the Mararaban Jos Police Division in Kaduna State has come under renewed scrutiny. The division is now accused of arresting a 23-year-old female journalist over a Facebook post, denying her access to legal representation, and arraigning her before a Sharia court, which sentenced her to four years in prison with an option of a N1.75 million fine.
Although the Sharia Court in Kawo, Kaduna has since revoked its judgment, released the journalist on bail and scheduled the case for November 3, the ICIR analyses the likely legal breaches that occurred before and during the court judgment.
The female journalist, Faridat Isiak, a reporter with Nagarta Radio in Kaduna, came under the radar of Police officers in Mararaban Jos after a neighbour invited police to arrest her mother over a N100 disagreement linked to the sale of charcoal.
Isiak, in an exclusive interview with the ICIR, said the police had detained her mother at the Mararaban Jos police station but later released her on bail and asked the two parties to go home and settle their disputes.
She said her mother explained that she was not allowed to tell her side of the story despite the neighbour threatening her in the presence of the police. However, hurt by what transpired, Isiak turned to social media and made a Facebook post, tagging the neighbour’s husband, Abdulmudallib Abubakar, and clearly stating that the Police DPO had failed.
In the post, which was screenshot and forwarded to Usman Adamu, the DPO, Isiak wrote: “I don’t know settling conflict between people of Maraban Jos now has to do with who has some so-called money and who doesn’t. The police force is so fucked up; that’s why they don’t end well. I’m going to tag you in this post, so you know I’m talking about your wife; not so sorry to say, you married wrong. Maraban Jos DPO, I’m not sorry to say you’ve failed as a leader. Anyways, thank God for Education.”
She maintained that although the post referenced the Police and the DPO, it was made in the context of ongoing disagreement between her mother and Abubakar’s wife, as well as what she described as the police’s poor handling of the matter.
The journalist explained that when they couldn’t find her, the police then rearrested her mother and later arrested her father when he tried to secure his wife’s bail. She said they detained her parents in an attempt to compel her to come to the police station.
The journalist said when she reported herself to the police station around 10 pm, she was forced to delete the Facebook post and apologise to the DPO before her parents were released. She was detained in the station and the next day taken to a Sharia Court where she was denied legal representation and sentenced to four years in prison and an option of a fine of N1.75 million.
The ICIR had earlier contacted the Kaduna Police Spokesperson, Mansur Hassan, via phone and text messages to verify the details, but he ignored them. However, Hassan later issued a statement criticising the media for its extensive coverage and amplification of the alleged arbitrary arrest, detention, and immediate sentencing of Isiak.
However, legal experts have raised concerns about possible legal breaches in the journalist’s arrest and arraignment before a Sharia court.
Arrest by proxy
Legal experts have raised concerns about a possible arrest-by-proxy when police officers reportedly re-arrested Isiak’s mother after officers failed to find the journalist at home. Her father was also allegedly detained when he went to secure his wife’s release. The parents were detained as leverage for the journalists rather than on reasonable grounds linking them to an offence.
A review of Nigeria’s Administration of Criminal Justice Act (ACJA) 2015 by the ICIR shows that arrest-by-proxy, also known as arrest in lieu, occurs when law enforcement officers arrest or detain someone in place of a person suspected of committing an offence, often to pressure the wanted individual to surrender.
The ACJA prohibits arrest in lieu, and Section 36 of the Nigeria Police Act 2020 states, “A person shall not be arrested in place of a suspect.”
According to the Nigeria Police Act, criminal responsibility is personal, noting that a parent or other relative cannot lawfully be punished for an alleged offence committed by another person merely because of their relationship. However, a relative may be arrested if there are lawful grounds to suspect that the person was personally involved in an offence.
Section 35 of the Police Act requires suspects to be informed of the reason for their arrest and their rights, subject to applicable statutory exceptions. However, Isiak alleged that neither she nor her parents were advised of their rights or allowed legal representation.
“The police officer, the person making the arrest or the police officer in charge of a police station shall inform the suspect of his rights to: (a) remain silent or avoid answering any question until after consultation with a legal practitioner or any other person of his own choice; (b) consult a legal practitioner of his choice before making, endorsing or writing any statement or answering any question put to him after arrest; and (c) free legal representation by the Legal Aid Council of Nigeria or other organisations, where applicable.” It added that the authority having custody of the suspect shall notify the next-of-kin or relative of the suspect of the arrest at no cost to the suspect.
Human rights lawyer and activist, Effiong Inibehe, however, said that although legal representation is a fundamental right, its absence does not automatically invalidate a trial in every case.
“It is only in capital offences that a defendant must be represented. But for non-capital offences, that is, offences that do not carry the death penalty, a defendant may elect self-representation or absence of legal representation cannot be shared at trial. But a defendant ought to be given reasonable opportunity to request the services of a counsel where a defendant so desires,” he added.
Meanwhile, Section 35(6) of the 1999 Constitution, as amended, also provides for compensation and a public apology to a person unlawfully arrested or detained. This has not been done to Isiak’s parents.
Forced to delete a post
Inibehe argued that the police’s demand that the journalist delete the post before trial, prosecution or conviction was unjustified, even if the post was considered defamatory, adding that such a demand undermined the defendant’s right to the presumption of innocence and freedom of expression.
The lawyer linked the concerns in Isiak’s case to the earlier death of Ummulkhair Muhammad, who was allegedly handed over to a mob by the former DPO four months ago, arguing that the two incidents involving the same police division warranted closer examination by Police authorities.
Possible conflict of interest
The activist and human rights lawyer, Effiong Inibehe, also questioned the impartiality of the Police DPO and the Investigating Police Officer (IPO), arguing that they could be conflicted if the complaint arose from a personal grievance against the DPO.
Citing the Police Act 2020, the lawyer said police officers must not use their positions to pursue personal interests or grievances, noting that if the journalist’s post was directed at the DPO, the officer should not use the same police division to investigate the matter, but could instead pursue a civil action where appropriate.
“Under the Police Act, it is illegal for a police officer to use his position in pursuit of personal grievances. If the post was made against the DPO, the DPO cannot use the same police to address it. The Police Act 2020 prohibits that. He can file a civil suit,” the human rights lawyer explained.
A review of the Police Act by the ICIR shows that it emphasises the importance of transparency and accountability in police operations and the use of police power, with detailed guidelines on the powers and duties of police officers.
Section 1(a) provides guidelines for accountability and transparency as principles guiding an effective police service. Section 2(a)–(b) talks about fairness, justice, equity and protection of fundamental rights in police operations, while Section 31 states that Police must investigate allegations in accordance with due process.
Why Sharia court?
Inibehe expressed concern over the Police use of the Sharia court for the prosecution and described the reported sequence of events as unusual, saying the allegations warranted scrutiny by the appropriate authorities.
“It does not seem to conform with established legal procedure. When there is an allegation against someone, there ought to be an investigation to establish a prima facie case or a basis for prosecution to determine whether the case is one with sufficient evidence for a charge to be filed or not,” he said.
“I am not certain why the matter went to the Sharia court and to imagine that a purported judgment was passed immediately in the circumstances. It’s quite appalling. The judge of the Sharia court has to be removed from the case,” he added.
The lawyer also urged the Chief Judge of Kaduna State to examine the conduct of the Sharia court judge for delivering the initial sentence and called for an investigation into the DPO’s conduct.
“The matter has to be tried by a new judge, and the conduct of the Sharia court judge and the DPO must be investigated. They have to be investigated. This is not how the criminal justice system is designed to work,” he said.
The ICIR reported that Amnesty International had condemned the arrest, detention and sentencing of Faridat Isiak, describing the proceedings as vindictive and a travesty of justice.
The organisation had urged the Nigeria Police Force to launch a full and independent investigation into the conduct of the officers involved and further called on Nigerian authorities to stop using defamation charges and the courts to harass journalists and restrict press freedom.
Nanji is an investigative journalist with the ICIR. She has years of experience in reporting and broadcasting human angle stories, gender inequalities, minority stories, and human rights issues. She has documented sexual war crimes in armed conflict, sex for grades in Nigerian Universities, harmful traditional practices and human trafficking.