In his ruling on the case with the suit no: GM/145M/2022, Justice H. H Kereng warned the state government against arresting the publisher.
The Gombe State High Court has restrained the Gombe State Government and the Nigerian police from arresting Dahiru Hassan Kera, the publisher of an online news medium, Daylight Reporters.
In his ruling on the case with the suit no: GM/145M/2022, Justice H. H Kereng warned the state government against arresting the publisher.
The court ruled that, the invitation and threats to arrest the publisher is a breach of his Fundamental Rights quoting Sections 34, 35, 39 and 41 of the 1999 Constitution (as amended) and the African Charter on Human and Peoples Rights and Universal Declaration of Human Rights.
The court stated that, "The continued invitation and intimidation of the Applicant by the Officers/Agents of the 1st Respondent is likely infringement of his Fundamental Rights as enshrined in the 1999 Constitution (as amended).
"The publication by the Applicant of 22 May, 2021 based on the facts stated therein is not pregnant with any criminal offence whatsoever as to warrant the involvement of the 1-4 Respondents or any other police officer whatsoever.”
The court therefore ordered the state government and its agents to stop any invitation, threat, arrest, intimidation or harassment of the publisher, "as he has not committed any offence under any Law whatsoever".
The court ordered thus, "The Respondents are hereby perpetually restrained by themselves, agents, officers, servants, and/or privies acting on their behalf, from harassing, restricting the movement or freedom of expression, the press and violation of any of his Fundamental Rights as guaranteed under the 1999 Constitution (as amended) in relating to the case in this application.”
Reacting to the judgement, Kera desribed the action of the government as undemocratic and breach of his fundamental human rights as provided by the constitution.
He said, “It's unfortunate that democratic government is engaging in arbitrary arrest and detention of its critics including journalists and social media influencers. This is undemocratic and clear breach of human rights as provided in the constitution.”
It could be recalled that the Gombe State government had declared the publisher a ‘persona non grata’ in the state as part of an alleged attempts by Governor Muhammad Inuwa Yahaya to gag the press and free speech in the which has caused apprehension among journalists and the opposition.
Kera had gone into hiding, after allegedly receiving alleged threat from the governor who vowed to “deal” with him.