CDHR demands the immediate release of Barrister Emperor Ogbonna

The Committee for the Defence of Human Rights (CDHR) has condemned the unlawful detention of a Journalist, Mr. Kufre Carter by the Department of State Security (DSS) at Uyo, Akwa-Ibom State Command, despite being granted bail by the Court and he, having perfected the bail conditions.

This was contained in a press release made available to AFNEWS by the organization ,The National President of CDHR Osagie Obayuwana while speaking on behalf of the organization as contained in the press release said the organization demand the immediate release of both Kufre Carter and Barr Emperor Ogbonna from the DSS custody since it has become both illegal and unconstitutional.

AFNEWS had brought you a report that Mr. Kufre Carter a sports journalist was arrested on April 27, 2020 by the DSS in Uyo and charged with criminal defamation for allegedly "castigatingÔÇØ the Commissioner for Health, Akwa-Ibom State, Mr. Dominic Ukpong, over the Commissioner's alleged poor handling of the fight against the COVID-19 pandemic in the State. We told you that Kufre was arraigned before a Magistrate Court where he was granted bail on rather harsh conditions;but through his Lawyers, he appealed against the conditions and secured a variation of the conditions at the High Court. Unfortunately, After perfecting the bail conditions, Kufre was still held unlawfully in the custody of the DSS by officers of the Agency who insist on a directive from the State Government House.

Now as a result of the Continues detention of Kufre Carter, Dr. Osagie Obayuwana who is the National President of CDHR has berated the DSS and likened it to a leopard that cannot change its spots, for its persistent failure to uphold the principles of the rule of law, considering its penchant for holding of detainees, despite subsisting Court orders granting the release of such detainees from custody citing the national shame the same DSS subjected Nigeria to in the Omoyele Sowore case of recent memory.

In his words "This Kufre Carter case proves conclusively that DSS as an Agency is one that has no respect for the Judiciary as an independent arm of Government and has no qualms or remorse in disobeying Court Orders. We will not accept a situation where the DSS refuses to accept that the liberty of all citizens, freedom of movement and freedom from unlawful detention are fundamental human rights that are constitutionally guaranteed as inalienable. What Journalist Kufre Carter is charged to Court for is a minor offence for which he is presumed innocent and has been granted bail, so why on earth would the DSS pander to the whims and caprice of members of the Executive arm in matters already before Court, involving the constitutional rights of a citizen?"

The CDHR National President Dr. Osagie Obayuwana described as most nauseating the similar circumstance playing itself out in Abia State, in the case of Mr. Emperor Ogbonna, a legal practitioner and human rights activists. AFNEWS had also fed you a report concerning Mr. Emperor Ogbonna who was abducted in a commando style by the DSS and whisked away on 24th March, 2020 from his office, on accusation of publishing what is termed "falsehoodÔÇØ against Dr. Okezie Ikpeazu, the Governor of Abia State. Having been charged to Court, we told you that he was released after meeting his bail conditions but was immediately rearrested by DSS on the same day of his release, 28, April 2020.Only to be transferred to Abuja while his case is still pending before the Court in Abia.

This has generated wide spread condemnation and CDHR said it is unfortunate that "He has been held incommunicado in Abuja, hundreds of kilometres away from his family, Doctors and Lawyers for weeks now. He has not been charged to Court or granted administrative bail for any other offence he may be suspected to have committed.The common thread between the case of Carter Kufre and that of Emperor Ogbonna is the expression of an opinion about public office holders. The DSS cannot elevate public office holders in the Executive Arm of Government to "tin godsÔÇØ beyond criticism. Unfortunately for them, this is a battle neither the public servants nor the DSS can win, as it has long been settled that those who cannot stand the smoke of criticism should quietly leave the kitchen of public service."

According to CDHR "The principles of the rule of law presuppose the supremacy of the law. This includes constitutional provisions, statutes and valid judicial decisions or case law. In a constitutional democracy, such as is supposed to be in Nigeria today, the rule of law must be upheld by all, including state agents, at all times, without exception. Decisions and orders of court must be respected and observed.Thus, CDHR vehemently berates the DSS for electing to act arbitrarily, in defiance to the rule of law, in refusing to respect valid orders of competent Courts restoring liberty to otherwise detained persons. We warn that such arbitrariness could only provoke and invite anarchy, mass resistance, insurrection, protests and outright revolution by the people who are being instigated to lose faith in the rule of law."

CDHR therefore ask the DSS to redeem it image because "The continuous detention of Kufre Carter and Emperor Ogbonna despite a valid Court Order for their release is clearly illegal, unlawful and unconstitutional.We vehemently decries the level to which the DSS has degenerated, to that of being persistent violators of the rights of citizens and violators of constitutional and statutory provisions. The DSS has shown itself to be tainted with unprofessionalism and eye service, failing in its responsibility as an Agency of State, to observe the fundamental human rights of citizens. We have in the past called for its disbandment; we do so again now."

Meaning that the only way DSS can restore people's confidence in the Agency is the immediate release of Mr. Kufre Carter and Barr. Emperor Ogbonna from it's custody unconditionally.

Meanwhile, Kufre carter regained his freedom on 27th May 2020.